Woodlake officials: Grand Jury report politically biased

BY ERIC WOOMER • ewoomer@visalia.gannett.com • August 11, 2010

Woodlake city officials have formally denounced a Tulare County Grand Jury report on an accidental shooting in January 2009, calling the report "biased" and "grossly negligent."
The Grand Jury report — titled "Lack of Common Sense or Negligence?" — was critical of city administrators and Woodlake Police Chief John Zapalac.

The report claimed that officials were less than forthcoming about the Jan. 19, 2009, shooting of Leland Perryman, who was walking with his wife and dogs in an orchard east of Exeter when he was hit in the chest with a .40-caliber bullet.

An investigation concluded that the bullet likely came from the Exeter Police Department's nearby shooting range, where Woodlake officers were training. The Grand Jury charged Woodlake officials with failing to follow safety rules.

Responses to the Grand Jury report were filed by the city of Woodlake, Zapalac and City Administrator Bill Lewis. The common theme: The Grand Jury findings were unfounded and under-developed.

The response from the city, written by Mayor Raul Gonzalez Jr., stated that Woodlake's city attorney informed the Grand Jury on May 20 that officers — who earlier had canceled Grand Jury interviews — would be available if subpoenaed. No interviews were rescheduled before the report was released July 3, he said.

"The City of Woodlake holds the Tulare County Grand Jury in contempt for failing ... with its mission and duties," Gonzalez wrote.

Gonzalez said that the report was rushed to be completed before the June 8 sheriff's election involving Zapalac and incumbent Bill Wittman, who was re-elected.

"The Grand Jury prepared a hit piece with a political agenda, formulated to impact a contested election," Gonzalez wrote.

Current Grand Jury Foreman Bill White, who was involved in the Woodlake report, said he is forbidden by law to comment on the investigation. He did say that Grand Jury investigated the Woodlake shooting thoroughly.

"I assure you the Grand Jury did their due diligence and investigated accurately with the information we had," he said.

The Grand Jury asked prosecutors to reopen their investigation of the shooting. Lewis, who was not interviewed by the Grand Jury and said he knows of no city employees who were, said the request represents an act of political posturing and self-validation.

Tests inconclusive

Ballistics tests conducted by the Sheriff's Department were inconclusive as to which gun fired the bullet that struck Perryman, he said.

Zapalac said he was disappointed with both the investigation and the Grand Jury report. He said the presence of three Sheriff's Department volunteers on the Grand Jury created a political conflict of interest.

"The agenda was to put me in poor light," he wrote. "The entire incident was nothing less than an ambush by the Sheriff's Department."

http://www.visaliatimesdelta.com/article/20100811/NEWS01/8110305