Alturas terminates police chief, alleged ‘dishonest’ conduct could impact Modoc County criminal cases

Correction: In the original post we misidentified the photograph of Modoc County Sheriff William “Tex” Dowdy. LassenNews.com regrets the error.

Few details have been released and those in the know are keeping their cards very, very close to their chests regarding the Alturas City Council’s Nov. 13 decision to terminate the contract with its chief of police.

Following a second request for information from LassenNews.com, a city of Alturas clerk said the only comment the city could make is that the council decided to terminate the contract with the police chief.

The clerk sent LassenNews.com a copy of a Nov. 18 press release on the topic that doesn’t even disclose the chief’s name — Marc Muller.

According to a Modoc County Record website, “In a statement, the Modoc County Sheriff’s Office emphasized that cooperation between agencies will continue without disruption.

“The working relationship between the two agencies is good. We look forward to continuing to work with and support the Alturas Police Department under the new leadership … we want a strong and balanced law enforcement partnership that works together to support the needs of our community, no matter what patch is on your sleeve,” the sheriff’s office said.

“The Record reached out to the Alturas Police Department for comment but did not receive a response.”

Here’s what we know on the public record
According to an item from the Alturas City Council, Mayor Paul Minchella recused himself during a special meeting of the Alturas City Council at 10 a.m. Nov. 13. The council went into closed session and reconvened into open session at 12:50 p.m.

By a 3-1 vote, the council voted to send a letter to the police chief terminating his contract with the city effective Nov. 17, and hired a hearing officer should the chief appeal the council’s decision.

The council appointed Ken Simon as interim chief of police.

Letter from the Modoc County District Attorney’s Office
LassenNews.com obtained a copy of a Sept. 24 letter from the Modoc County District Attorney’s Office advising that Mueller had been designated at a Brady Witness Officer due to a probable cause determination that the chief had engaged in “dishonest conduct … during official duties as a peace officer.”

According to the letter, the MCDA’s office obtained a search warrant for Mueller’s phones.

The DA’s Sept. 24 letter also reports the city of Alturas recently concluded an administrative investigation into alleged “serious misconduct” regarding Mueller’s official capacity as a law enforcement officer.

According to the letter, “The investigation concluded that Chief Mueller had committed acts of dishonesty as a peace officer.”

What is a Brady witness officer?
According to the Peace Officers Research Association of California, “A ‘Brady witness’ is a person whose testimony or evidence is crucial because it is favorable to the defense and must be disclosed to the defense by the prosecution under the Brady rule. This evidence can be used to exonerate the defendant, reduce their sentence or impeach the credibility of another witness.

“The term comes from the Supreme Court case Brady v. Maryland, which established the prosecution’s obligation to provide this information, sometimes called ‘Brady material,’ to the defense.”

This revelation could affect the outcome of criminal cases in Modoc County.

According to the letter from the MCDA, “Our office is conducting a records search in order to identify those cases in which you represented defendants which may be impacted by Chief Muller’s Brady designation. However, since you would be in a more familiar position to identify any such cases, please conduct such a case review and advise this office accordingly of any issues that may require this office’s evaluation for materiality per Brady.”