Subject: Rogue Police Officer Conduct & Cyclist Intimidation at Mount Diablo State Park

Date: July 31, 2024

To: Clint Elsholz, District Superintendent, Diablo District Range, California State Parks

Dear Clint,

We are writing to make you aware that certain Rangers at Mount Diablo State Park (MDSP) are engaged in a campaign of intimidation and bullying of cyclists.  As you know, in California the Rangers are the State Parks’ legally designated – and armed – law enforcement officers.

This campaign by Rangers (law enforcement officers) manifests in two significant ways:

1. Direct Harassment of Cyclists: Rangers have been observed pulling over cyclists, verbally abusing them, issuing questionable citations, and even threatening arrest as they exit a bike turnout. Please watch this video to understand how bike turnouts work.
2. Non-Enforcement of Motorists Infractions: Rangers have consistently failed to address serious motorist infractions such as speeding, driving on the wrong side of the road, passing on blind turns, and colliding with cyclists causing great bodily harm. Failure to address this negligent driving perpetuates hazardous conditions on Park roads, particularly endangering cyclists. Please watch these two videos: 1. Ranger Poole and the Reckless Driver, 2. Ranger Poole in the Danger Zone.

Two recent examples illustrate this pattern. Both involved Ranger (law enforcement officer) Tristan McHenry; one also involved Ranger (law enforcement officer) Scott Poole.

On Sunday, June 29, 2024, at 8:10 a.m. two cyclists were riding up Southgate Road for the first time. Ranger McHenry trailed slowly behind one cyclist, waiting until the cyclist exited the bike turnout. After waiting, McHenry initiated a traffic stop for the cyclist's alleged “failure to use a hand signal to indicate he was merging into the regular traffic lane.” This is a little known – and rarely enforced – part of the CA vehicle code, (21208(b)). One important reason why it is rarely enforced is that it requires the cyclist to take one hand off the handlebars, a risky action when climbing uphill (8-10% grade), as this cyclist was doing.  (Other states have revised their vehicle code to only require the rider to signal if they can safely do so.  California is in the process of making this revision as well.)

And this was no friendly reminder or warning from Ranger McHenry. Instead, after monitoring the cyclist by driving slowly behind him (instead of simply passing), Officer McHenry began by being aggressive and intimidating toward both cyclists. Here is the cyclist’s statement. “He immediately wrote up a ticket and, according to the cyclist, threatened “to send me directly to jail over the weekend until the judge can see me on Monday if I didn’t sign the ticket

                                              Ranger (law enforcement officer) Tristan McHenry issuing citation to cyclist.

My friend, who literally did nothing, stood 50 feet away to wait for me, was also threatened by ranger McHenry to be handcuffed and put in the backseat.  Ranger Poole arrived and also became aggressive, asking my friend, ‘if I had a problem?’ Poole then threatened to put him in handcuffs in his vehicle. According to my friend, ‘that is a terrible and aggressive way to start a conversation, particularly with a bystander just waiting in the shade.” Unfortunately, this kind of interaction seems common with these two rangers, as I heard from other cyclists.” This example of a heavy-handed bias against cyclists fits in with a documented and troubling pattern at Mount Diablo State Park, suggesting institutional endorsement from park leadership of these Rangers’ (law enforcement officers) intimidation and bullying against cyclists.  Further, other cyclists who had not hand signaled when they exited a bike turnout were not pulled over or cited.

Regrettably but understandably, the affected cyclist in this case will NOT file a complaint for “fear of liability,” and of a “civil lawsuit” against him.  He has expressed his intent never to return to Mount Diablo State Park, possibly aligning with the apparent objectives of these rogue Rangers (law enforcement officers). “I was disappointed since we prepared for this ride for a long time, and it was my dream to ride to the top of Mount Diablo.  Unfortunately, it may not ever happen because I am too afraid .”

There is a complaint process which we will get to later in this letter.

The second example, also involving Ranger McHenry, took place on a Sunday, July 21^st, also early in the morning.  Like the first example, Ranger McHenry trailed the cyclist as the cyclist was using a bike turnout.  And, despite having used the proper hand signal, this cyclist was also pulled over.  Here is his statement: “Yesterday, as our group of 3 were climbing in between the Ranger Station Junction and campground, we noticed a vehicle that was following closely behind us for what felt like 5 minutes. The vehicle would not move and kept tailing us at an uncomfortable distance. The vehicle kept following us until we got to a bike turnout even though it was safe to pass us multiple times.

     

Ranger Tristan McHenry following cyclists and threatening them with a citation.

During the bike turnout, I remembered that rangers have been giving tickets for not using hand signals when exiting bike lanes, so I purposely used hand signals to exit, however the vehicle kept following us until we got closer to a picnic area where he used his siren to pull us over. On exit of his vehicle, he yelled at the other two riders in my party to keep riding and he will be talking to me alone. When one of my friends refused to leave due to wanting to make sure I was safe, the ranger proceeded to yell at him again and stated that he will not begin to talk to me until he left, it was very unprofessional and hostile. My friend then rode on ahead and the ranger started asking me questions and lecturing me on how to ride the bike lanes. He mentioned that I did not use hand signals to exit the bike lane, which I told him that I did, however I couldn't keep my hand out for long because we were climbing at around 6-8% gradient at the time, it would not have been safe to take my hand off for long. He mentioned that I should keep my hand out longer and that if it was not safe, I needed to stop at the bike turnout and let vehicles pass before I could continue to merge back into the main road. I was being as compliant as possible as I did not want to risk getting a ticket from the ranger. He eventually took down my information and used the radio to check if I had any prior arrest history. He mentioned that since I did use a hand signal and had no prior arrest, he was going to let me go on a warning.”

In both cases, this Ranger behavior is inconsistent with stated Park Policy as cited by you (Clint Elsholz, Superintendent, Diablo Ranger District) in an email on 7/26/24 (emphasis added) and by SGT Cameron Morrison, Supervising Police Officer in an email on 7/1/24 (emphasis added):

• “State Park’s philosophy on law enforcement is to gain compliance at the lowest level that is effective.”(Elsholz)
• “Based on the information that I have, I would not have issued a citation. The incident would have been dealt with at the lowest level possible which would have been a verbal warning.”(Morrison)

Stalking, accusations, intimidation, threatening with handcuffs and jail time, giving illegal directions to bystanders, accusing a cyclist who HAD signaled of NOT doing so (in normal words, lying): none of this represents a legitimate effort to “…gain compliance at the lowest level.”  In fact, it’s inappropriate behavior for ANY level of professional law enforcement as it demonstrates a lack of respect for the Parks’ visitors, for their sworn duties, for the truth, and for the law.

In addition, the process for addressing such grievances at Mount Diablo State Park is cumbersome, evasive, and ineffective – and apparently deliberately so.  An unhappy park visitor seeking to complain about rogue Police Officer behavior will be directed to the Parks’ complaint form, CIVILIAN COMPLAINT INFORMATION (DPR 715A). This form, and the process for submitting it, is carefully designed and clearly intended to protect any State Park employee, including Rangers (law enforcement officers), from any consequences.

Here’s the complaint process, according to Form DPR 715A that you referred us to:

• First, the unhappy Park visitor must complete a hard copy; there is no online version and no ticket system to log the complaint and assign a case number. In other words, zero visibility, and zero accountability.
• Next, the form instructs you to MAIL an inquiry to the regional authority just to find out how to submit the complaint form.
• Should that regional authority actually respond, and provide the (apparently) secret instructions on how to file the complaint form, there’s yet another deterrent:
• If State Parks decides what you are saying isn’t true, you can be subjected to a civil action: "In cases where a false complaint is maliciously filed against a peace officer, that officer is entitled to file a civil action. Therefore, it is important all allegations presented in a complaint to the Department be based on factual information."

Considering Ranger McHenry’s propensity for fabricating details, misrepresenting events, threatening uninvolved bystanders, and starting confrontations with aggression rather than a constructive approach, it’s evident that he might also distort any complaints lodged against him. This leaves park visitors at the mercy of a senior ranger operating within a flawed law enforcement system. It’s no surprise that visitors might choose not to file a complaint under these circumstances

This situation of unchecked Ranger bias demands immediate attention and remedial action to restore trust and ensure fair treatment of all Mount Diablo State Park visitors. We urge you to scrutinize this incident and the larger pattern of biased action and non-action and take immediate action to restore the integrity of law enforcement at Mt. Diablo State Park.

Specifically, we urge and request that California State Parks do the following three things:

1. Immediately (within 10 days) instruct Rangers (law enforcement officers) McHenry and Poole to cease and desist stalking and making non-safety-related traffic stops of cyclists, including stopping cyclists as they exit a bike turnout for alleged or actual “failure to use a hand signal to indicate he/she is merging into the regular traffic lane.”
2. Immediately (also within 10 days) instruct all Rangers (law enforcement officers) to ticket motorists who drive dangerously in Mt. Diablo State Park, including for driving on the wrong side of the road (AKA Reckless Driving) and for colliding and causing grievous bodily injury to cyclists. History of Citations on Mount Diablo (2010 to 2021)
3. Immediately initiate personnel actions to transfer or terminate law enforcement officers McHenry and Poole for unethical and unprofessional conduct that is damaging to State Parks’ reputation and is counterproductive to ensuring safe road usage by and for all road users in Mt. Diablo State Park.

Please let us know when these three requests will be implemented or what your alternate plan is to quickly eradicate unprofessional, intimidating, and frightening behavior by these two law enforcement Rangers at Mt. Diablo State Park.

Thank you for your time and attention.

Sincerely,
Mount Diablo Cyclists(MDC) Leadership Team: Alan Kalin, COL, USA (Ret.), Retired Teacher, Former Peace Corps Volunteer (Ethiopia), Jeff Eorio, Retired Parks and community services director, City of San Ramon, Former Board Member, Diablo Community Services District, Bruce Bilodeau, Coach, and former Team Director, San Ramon Valley Mountain Bike Club, Rick Edmondson, Retired Communications Technician, 27+ years cycling Mt. Diablo, South Gate Road Crash Victim, Mark Dedon, Past Director, Mount Diablo Challenge, Past President, Valley Spokesmen Bicycle Club, Retired Principal Planner, PG&E and Ted Trambley, Volunteer California State Parks, Member MDIA & Save Mt. Diablo, Over 50 yrs. Riding on Mount Diablo

For more information, including more videos and other related documents, please visit Mount Diablo Cyclists.

CC:
Gavin Newsom, Governor
Armando Quintero, Director California Department of Parks & Recreation
State Senator Steve Glazer
Assembly Member Rebecca Bauer-Kahan
Danville Mayor Karen Stepper
Danville Police Chief Allan Shields
CHP Golden Gate Division Commander Dan Goodbrand
Contra Costa County (CCC) Sheriff David Livingston
CCC Supervisor Candace Andersen
Making Scenic Safer Chair Nicola Place
Bike East Bay Advocacy Director Robert Prinz
Walk Bike Berkeley Project Coordinator Tom Lent
California Bike Coalition Policy Director Jared Sanchez
Valley Spokesmen Bicycle Club
Grizzly Peak Cycling Club
Berkeley Bicycle Club
I-Team Channel 7 News
San Jose Mercury News Editor Dan Borenstein