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News (Media Awareness Project) - US CA: Trafficker's Shooting Suit Begins
Title:US CA: Trafficker's Shooting Suit Begins
Published On:2001-04-29
Source:Press Democrat, The (CA)
Fetched On:2008-01-26 17:04:46
TRAFFICKER'S SHOOTING SUIT BEGINS

A trial is under way in San Francisco for an Idaho man suing a Sonoma
County sheriff's deputy who shot him during his arrest in Petaluma five
years ago.

Kenneth Oberfelder, 39, is suing for assault and battery and violation of
his civil rights. He is seeking unspecified monetary damages against the
county and sheriff's Sgt. Chris Bertoli.

Testimony in the federal trial began Wednesday in U.S. District Court
before Judge Marilyn Hall Patel and an eight-person jury. The trial is
expected to last through May 9.

Oberfelder, who was sentenced to federal prison after his arrest for
trafficking cocaine and marijuana, filed suit in 1997 against the Sheriff's
Department and Bertoli. The city of Petaluma was dropped from the original
suit.

Bertoli shot Oberfelder in the back of his left shoulder when Oberfelder
tried to back his car out of a driveway in southeast Petaluma as detectives
were serving an arrest warrant June 27, 1996. The bullet lodged in his
right lung.

Oberfelder says he was operating his vehicle lawfully. Officers said he
gunned the car's engine and tried to run over Bertoli.

After an investigation of the shooting by Petaluma police, the Sonoma
County district attorney cleared Bertoli of wrongdoing.

Deputies discovered more than a pound of cocaine in Oberfelder's car. He
was wanted in Idaho for dealing cocaine and had been on the run for eight
years.

Settlement negotiations have been ongoing for three years, but the county
decided to fight Oberfelder's allegations.

"It's fair to say we didn't want to settle," Sheriff Jim Piccinini said. "I
feel very comfortable that we have to do what we're doing."

Oberfelder's attorney, Jo Levy, could not be reached for comment. Santa
Rosa lawyer Michael Senneff is representing the county and Bertoli.

Michael R. Roys and his wife, Adrienne W. Roys, also were arrested.
Oberfelder was leaving the Royses' Petaluma home when he was shot.

The Royses also owned a remote Cloverdale ranch where 117 marijuana plants
were found, and rented a garage where 6.6 pounds of cocaine were recovered,
authorities said.

Local charges against the Royses were dropped when federal prosecutors took
over the case. Michael Roys was convicted and remains in federal custody,
Senneff said. The outcome of the case against Adrienne Roys couldn't
immediately be determined.

Oberfelder is no longer in custody.
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