The Sun files California Public Records Act lawsuit against college seeking SCPD investigation reports

The Sun has initiated legal action against Southwestern College for its refusal to release a 2013 investigator’s report of former police chief Michael Cash after he fired his gun on campus.

Journalism students have retained San Diego First Amendment attorney Felix Tinkov to take the college to court over its refusal to release any information related to alleged misconduct by Cash and former SC President Melinda Nish. Current president Dr. Kindred Murillo has told editors of The Sun that the California Police Officers Bill of Rights prohibits the college from releasing the investigations. Tinkov and The Sun’s Editorial Board reject the claim.

On Aug. 23, 2013, Cash entered SCPD offices and removed his district-issued service weapon from its holster for reasons unknown and the weapon discharged, police sources told The Sun that year. A single shot penetrated the wall, narrowly missing three employees in the adjacent room. After a police investigation concluded that Cash was negligent and fired his Glock handgun on purpose, Nish tucked the report away and ordered another, this time by an acquaintance from Orange County. The second investigation cleared Cash of wrongdoing and he was permitted to return to work after five weeks on paid administrative leave.

Last summer, after six years and at least nine attempts to procure the investigation’s findings, Tinkov initiated the process of obtaining a myriad of other records that have been withheld by the college. Tinkov’s assistance followed an avalanche of media attention that descended on the college after administrators attempted to force The Sun to surrender the work product of student journalists. An article from Voice of San Diego written by former Sun Editor-in-Chief Katy Stegall reported on sexual misconduct by former biology professor John Tolli resulted from a portion of the records Tinkov requested. It took two years for Stegall to obtain information about Tolli’s resignation from SC. More records pertaining to Tolli are expected to be released without litigation, but the Cash inquiry has not yet been settled.

Nish’s decision to reinstate Cash was enormously controversial, according to former members of The Sun staff, faculty and community members.

SC Professor of Anthropology Dr. Mark Van Stone was among those who said it did not make sense to reinstate Cash.

“The story demands details, I want more details,” he said. “Why are the details a secret?”

All avenues of obtaining Cash’s gunfire investigation have been exhausted and there is no other choice but to go to court, according to the complaint filed by The Sun.

“The Sun has attempted numerous times to report on this story, but has been stymied at every turn by the District’s refusal to disclose information relating to this dangerous incident, as well as the circumstances of Chief Cash’s 2017 resignation under a cloud of allegations and substantive misdeeds,” the complaint reads.

Trevin Sims, an attorney representing the college, argued that Cash’s gunfire does not fall into the four categories of California Senate Bill 1421, 2018 legislation that requires disclosure of records pertaining to police misconduct. While one of the four categories involves discharging a firearm, Sims argued Cash is exempt from the records disclosure because he did not intend to shoot someone.

Murillo said she is in full support of bringing the issue to court for direction.

“Southwestern College does not oppose disclosure of the records requested in a court petition filed by The Southwestern College Sun concerning (the incident),” she said. “We, however, believe the College is prohibited by law from disclosing these records without a court order determining that these records are in fact disclosable.”

Cash had a controversial five-year career at the college. He was accused of covering up sexual assaults, misuse of public funds, inaccurate crime log reporting, and illegally hiring and arming friends to serve as campus police.

He was placed on paid leave in 2013 pending the gunfire investigation and reinstated after five weeks. He was suspended a second time for nearly a year in 2017.

A pair of investigations were launched to examine the 2013 incident. SCPD Sgt. Robert Sanchez conducted the first investigation, which concluded that Cash was negligent and the discharge of his district-issued Glock handgun was intentional. A subsequent investigation conducted by Betty P. Kelepecz, a retired San Diego Harbor Police chief, called the gunshot an accident and recommended that Cash be reinstated.

So Nish did just that.

“We are pleased to have Chief Cash returning to work today,” she said in a campus email. “The district fully supports the return of Chief Cash as the head of the police department.”

Cash later resigned as campus police chief in early 2017 during a closed session of a special board meeting. He remained on paid administrative leave until Dec. 31, 2017 when his resignation took effect.

Tinkov and Sims continue to negotiate The Sun Editorial Board’s California Public Records Act request for the Cash investigations.