The photograph from 3:50 a.m. Dec. 7, 2013 was first shown last week in the whistle-blower civil trial alleging a ticket quota scandal within the sheriff's Victorville station.
VICTORVILLE — The San Bernardino County Sheriff's Department declined Thursday to comment on a red-light camera image capturing a Grinch-dressed deputy leaning out the driver-side window of a patrol unit as it crosses an intersection in December 2013.
The still shows the deputy raising a green fist. The patrol unit's front license plate is obscured by what appears to be cardboard. The vehicle is cruising at 40 mph westbound on D and Seventh streets.
The absurd photograph from 3:50 a.m. Dec. 7, 2013 was first shown last week in the whistle-blower civil trial alleging a ticket quota scandal within the Victorville Sheriff's Station. It was presented in court again Monday. The Daily Press obtained a copy of the image Wednesday.
The lawsuit claims that deputy Brian Moler, another current deputy and a former sergeant were retaliated against for disclosing the scheme, illegal by state law and purportedly authored by a top official at the station.
Moler had characterized the image as an example of top officials turning a blind eye to bad behavior, but Susan Coleman, an attorney for the county, displayed a video Monday that showed a uniformed Moler dancing in the middle of the street at night to Michael Jackson's "The Way You Make Me Feel." In the video, at least one deputy can be heard laughing and jokingly telling Moler to "Get out of the road!" and Moler can be seen waving a vehicle past him.
As the video played back to jurors, Moler grinned and explained that it had been shot for a department Christmas Party in 2008 and approved by a superior. Yet Coleman suggested it was comparable to the Grinch red-light image.
"It's different," Moler said. "As silly as this is going to sound, dancing in public is not a violation of department policy."
The trial began Sept. 14 and has been ongoing this week.