$2 million claim filed against county

She said she called Del Norte Mental Health Clinic to seek a medical evaluation for her son because he was acting unusual due to a recent change in medication. Mental Health was closed and its voice mail greeting directed Sylvester to call 911, her statement said. When deputies arrived, both Sylvester and her son told them no one else was in the house, the statement said.

Deputies then approached Daniel Sylvester while he began to retreat back into the house, the statement said.

“There were no negotiations,” Sylvester told The Triplicate during a brief interview Friday. She said her son was Tasered about five minutes after deputies arrived at the scene.

Claypool said the deputies could have handled the situation differently.

“Time was on their side,” the attorney said. 

The Sheriff’s Office account of the altercation differs, contending that Daniel Sylvester was the aggressor, and that he was Tasered after he attacked two deputies.

“He has a history of violence both in and outside of Del Norte County,” said sheriff’s Commander Bill Steven on Monday.

The Sheriff’s Office has said the incident began when Elaine Sylvester called 911 to say her son was out of control at her home on Cummins Road. She said he had threatened her and another female in the residence and they had left, Steven said at the time.

Steven said the two deputies who responded first to the scene have been with the Sheriff’s Office for a long time and have reputations for good work. Both were treated at Sutter Coast Hospital for injuries suffered in the altercation, and both remain on medical leave.

Steven declined further comment Monday about the details surrounding Daniel’s history and the incident.

“It would be inappropriate for us to release more information until the Department of Justice has completed its investigation,” Steven said.

When the California Department of Justice finishes its investigation, it will hand over its information to the Del Norte County District Attorney’s Office.

“Our office’s role in this case is to investigate and report the facts, not to determine a ‘conclusion’ in the case,” said a department spokesperson in an e-mail.

The DA’s Office will then decide from the findings whether the deputies acted appropriately, District Attorney Mike Riese said.

The Department of Justice was called in because there are close ties between the DA’s investigators and Sheriff’s Office employees, Riese said.

“My investigators have a conflict of interest,” said Riese. “I don’t have a conflict.”

The notice of claim filed by Sylvester would be handled in civil court, where plaintiffs have less of a burden to show negligence. In criminal court, the prosecution must show the defendants are guilty beyond a reasonable doubt, Riese said.

The DA’s Office doesn’t handle the civil case, Riese said. County Attorney Dohn Henion was not available for comment Monday.