Cal/OSHA cited Marysville PD, saying Officer Osmar Rodarte’s body armor wasn’t long enough to protect his abdomen and there was insufficient PPE training.
MARYSVILLE, Calif. — The Marysville Police Department was cited for multiple violations that allegedly resulted in the death of Officer Osmar Rodarte.
Rodarte was killed in the line of duty on March 26. He was part of a multi-agency team serving a warrant at the home of Rick David Oliver on Kestrel Court in Olivehurst. Yuba County District Attorney Clint Curry said officers collectively fired 10 rounds, and video showed Oliver hiding behind storage bins. Investigators determined he fired once — the bullet that hit Rodarte.
According to Curry, Oliver did not have a history of violence, but testing showed alcohol and extremely high levels of methamphetamine in his system. Curry also noted that Rodarte was shot in his lower left abdomen, below the line of his belly button.
After an inspection by Cal/OSHA, the Marysville Police Department was issued multiple citations, totaling $153,375 in proposed penalties, all related to the March 26 shooting.
According to Cal/OSHA, the nine citations included:
- Inappropriate body armor, with officials saying the length of the body armor used wouldn’t protect against gunshot wounds to the abdomen
- Failure to ensure PPE training was provided to all police employees required to wear it
- Body armor that didn’t fit correctly
- Failing to establish effective SWAT entry training
- Failure to provide ballistic shields
- Failure to react on concerns raised by officers about how the operation was being conducted
- Failing to arrange proper rescue or medical response
- Not properly identifying and evaluating the risks of entering unfamiliar or open spaces where danger might be hidden
- Employer failed to create and maintain for a minimum of five years, records of workplace violence hazard identification, evaluation and correction
In response, the City of Marysville said they’ll be appealing the citations, adding that their personnel “undergo comprehensive training designed to maximize both operational effectiveness and officer safety in the performance of their duties.”
Cal/OSHA has open incidents with both the Marysville Police Department and the Yuba County Sheriff’s Office, according to an online database.
The sheriff’s office was cited 14 times by Cal/OSHA, totaling $184,800 in proposed penalties.
Here the citations issued for the sheriff’s office:
- Failure to immediately report to the Division of Occupational Safety and Health the death of an employee
- Failure to establish, implement and maintain an effective written injury and illness prevention program.
- Failure to verify the required workplace hazard assessment had been performed by a written certification and the person certifying that the evaluation had been performed
- Failure to verify that each employee required to wear PPE had received and understood the required training
- Failure to record information in a violent incident log for every workplace incident
- Failure to create and maintain records of workplace violence hazard identification, evaluation and correction
- Failure to establish, implement and maintain procedures for identifying and evaluating workplace hazards faced by officers who executed a warrant at a residence in Olivehurst
- Failure to establish, implement and maintain procedures for correcting unsafe and unhealthy conditions
- Failure to establish, implement and maintain effective training for its employees
- Body armor didn’t fit correctly
- Failure to ensure PPE training was provided
- Failure to ensure appropriate clothing was worn
- Failure to to establish, implement and maintain an effective workplace prevention plan
- Failure to provide effective workplace violence prevention training
The sheriff’s office called the citations “both unprecedented and unfounded,” adding that they pride themselves on “meeting and exceeding” industry standards in training and protective equipment for their personnel.
“California Law Enforcement agencies should take notice of this case as it sets a dangerous precedent for unfocused oversight by a state entity that has little to no knowledge in regard to public safety and law enforcement. This regulatory overreach by the State of California not only diminishes the heroic actions of our peace officers but also diverts responsibility from the murderer whose actions resulted in this tragedy,” the sheriff’s office said in a statement.
Notably, Curry went in depth about Rodarte’s body armor during a press conference on Sept. 30. He said Rodarte’s vest stopped at the belly button, adding that if it was any longer he wouldn’t have been able to sit down in the below photo without his vest coming over his ears or the armor plate being shoved into his throat.
“It’s designed to protect them, to cover their vital organs. It’s also designed to let them do the job that they have to do, which is to move quickly and secure situations,” Curry said during the press conference, adding that they equip their personnel “for the job they have to do.”
Marysville Mayor Chris Branscum also spoke out, calling the state’s actions inappropriate and deeply painful for a community still mourning Rodarte’s death.
“They are engaging in the examination of a tragic event and pointing fingers,” Branscum said. “And it’s offensive to the city and to the county.”
He added that the citations are reopening wounds for many in law enforcement, saying, “It’s just sad, and this is stirring a very sensitive situation. Frankly, it’s upsetting to the city. It’s upsetting to the county.”
Branscum described the state’s involvement as “unpleasant, upsetting, and an insult to the city of Marysville.”
Law enforcement expert and Police Liability Attorney Ed Obayashi, who is not connected to the case, echoed similar concerns. He said Cal/OSHA doesn’t have the experience to evaluate police tactics or equipment.
“The fact that they are trying to force law enforcement or penalize law enforcement for what is allegedly violations of workplace safety standards just borders on absolutely insanity,” Obayashi said.
He added, “In reading the citations, it demonstrates to me whoever determined these violations does not understand and does not comprehend police equipment, how operations are planned.”
Full statements from the City of Marysville and the Yuba County Sheriff’s Office are available below.
Marysville Police Department
“The California Division of Occupational Safety and Health has issued citations to
the City of Marysville concerning the tragic incident that occurred earlier this year, which claimed the life of one of our police officers while serving in the line of duty. This devastating loss occurred during a multi-jurisdictional operation as part of an investigation into a drug trafficking network. The City of Marysville continues to mourn the loss of our fallen officer and remains steadfastly committed to upholding the highest operational standards in all law enforcement activities. Our personnel undergo comprehensive training designed to maximize both operational effectiveness and officer safety in the performance of their duties. The City of Marysville will appeal the citations. Because this is an ongoing litigation matter, we
cannot discuss more at this time.”
Yuba County Sheriff’s Office
“The issuance of these citations by Cal OSHA for a law enforcement action are both unprecedented and unfounded. The Yuba County Sheriff’s Office prides itself on meeting and exceeding industry standards in training and protective equipment for our personnel. These standards are set by the California Commission of Peace Officer Standards and Training (POST), the National Institute of Justice (NIJ) as well as long established policy, procedures, and guidelines for law enforcement action.
Following this tragic incident, many very experienced, highly trained Law Enforcement investigators spent countless hours looking into all facets of the incident, including tactics, equipment, planning and training.
California Law Enforcement agencies should take notice of this case as it sets a dangerous precedent for unfocused oversight by a state entity that has little to no knowledge in regard to public safety and law enforcement. This regulatory overreach by the State of California not only diminishes the heroic actions of our peace officers but also diverts responsibility from the murderer whose actions resulted in this tragedy.”