Sergeant Tells Da, ‘Told You So’

Once again, a Madera County judge has dismissed false police report charges that were refiled against Madera County Sheriffs Sergeant Darrell Hibbens. The District Attorney’s office originally filed a complaint in August 1997, charging Hibbens with three counts of insurance fraud and one count of filing a false police report.

The first three counts were not related to his duties. The fourth count, however, arose out of alleged false statements made in a report documenting the investigation of a disturbance involved high school minors drinking alcohol.

The case went to Preliminary Hearing on January 29 and 30, 1998. Sergeant Hibbens was represented with respect to the false police report count by PORAC LDF attorney, Stuart D. Adams, esq., of the law firm of Goyette & Adams.

After two days of Preliminary Hearing, the false police report charge was thrown out by the Municipal Court judge. The judge ruled that the District Attorneys office had failed to prove that a crime had been committed by Hibbens.

The dismissal was the subject of a prior PORAC News article. In the prior article, Adams had expressed the opinion that significant damage had been inflicted upon the District Attorney’s case with respect to the false police report and he doubted that the District Attorney would refile the charges.

Contrary to this prediction, however, the District Attorney did refile the case in Superior Court despite the dismissal.

Adams filed a Motion to Dismiss the false police report count. A hearing was held on May 29, 1998, in Superior Court before Madera County Superior Court Judge Moffat.

Upon reading the brief submitted by Adams and hearing argument at the hearing, Judge Moffat agreed with the Municipal Court judge and dismissed the count involving the false police report. Hibbens was elated, feeling he was one step closer to total vindication.

Adams agreed, stating, “As I said before, significant damage was done to the District Attorney’s case during cross-examination of the key witnesses. I was surprised that the District Attorney refiled in Superior Court.

“Usually, people say they hate to say it, but I told you so. In this case, I do not hate to say it.”