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POST panel certifies recommendation to pursue administrative hearing for Mendocino deputy accused of unwanted touching
Summary
After staff presented an investigation of a November 2024 incident, the board voted to certify the division’s recommendation that the case against former Mendocino County deputy Eduardo Escanero Davila move to an administrative hearing; the investigator cited consistent victim statements, body‑worn video, and a guilty plea to misdemeanor battery under a deferred judgment.
The board voted to certify the professional conduct division’s recommendation that the matter involving Eduardo Escanero Davila (Post 250‑7244) proceed toward an administrative hearing after a staff presentation recounted facts from an 11/13/2024 incident and subsequent criminal case.
Law enforcement consultant Gerald Fernandez summarized the division’s findings: a roommate called deputies after waking to what she described as unwanted touching, deputies and the investigating detective obtained accounts consistent with the initial report, POST obtained body‑worn video of the respondent’s reenactment and evidence collection including DNA and digital devices, and the Mendocino County District Attorney filed criminal charges that ultimately resulted in a guilty plea to misdemeanor battery on 02/20/2026 with a deferred entry of judgment and conditions. Fernandez said the division found clear and convincing evidence supporting serious misconduct and recommended revocation or suspension of the officer’s POST certificate.
Board members asked detailed questions about the timeline of the victim’s awareness (what she perceived when she woke), the respondent’s varying descriptions of his actions, and whether the respondent had legal representation. Staff explained that the victim could only reliably describe what she was aware of when she awoke and that the respondent admitted intoxication. Fernandez said some corroborating investigative material existed but that records from earlier years can be difficult to recreate.
The board then adjourned for deliberations and returned to regular session to vote. Chair noted the recommendation would result in a referral to an evidentiary administrative hearing where an administrative law judge could make final determinations. Board member Doyle moved to certify the recommendation; the motion carried with six members voting in favor and one dissenting vote (Pena).
What’s next: Certification by the board advances the matter to a formal hearing process before the Office of Administrative Hearings. Fernandez said the respondent has a deferred entry of judgment with conditions (including counseling, community service, no firearms, alcohol testing and a no‑contact requirement) and that a court date for progress review is scheduled in August 2026; the POST recommendation would run on a separate, commission‑level schedule.
Vote: Motion to certify the division’s recommendation (motion carried 6–1; Pena opposed).
