Former Merced police sergeant found not guilty of falsifying time card

Former Merced police Sgt. Rod Dash was found not guilty Monday on a misdemeanor charge of falsifying hours on his timecard.

Monday's decision came after two mistrials in the case. Dash, 45, was fired from the department in August. As he left the courthouse Monday morning, Dash said the timecard issue was "just a mistake."

"All the truth came out during the trial," he said. "The people have spoken."

During the trial, Deputy District Attorney Monika Saini, the prosecutor in the case, argued that Dash originally submitted a timecard for approval to his supervisor, Lt. Bimley West.

But after the timecard was given back to Dash after being approved, Saini said he used correction fluid to cover hours he had marked as vacation on April 28 and 29 and changed what would have been a 56-hour pay period with 24 hours of vacation to an 80-hour pay period without vacation. Saini argued that if paid out, that extra vacation leave would add up to about $1,094.

However, Dash's attorney, Michael Fagalde, said an employee wouldn't immediately benefit from any additional vacation leave unless he was terminated, retired or if his balance of unused vacation totaled more than 400 hours.

In the Merced Police Department, if an employee accrues enough vacation, it eventually will be paid out unless used. For someone with eight years or more of experience, vacation can total 400 hours. Dash had been with the department for 21 years.

The money Dash would have received from the pay period would have been the same whether it was vacation or regular hours, Fagalde argued.

Fagalde talked with a few jurors after the trial. "The jurors couldn't find any intent," he said.

Saini also spoke with jurors after the case. Although they didn't say much to her about the deliberations, they did tell her that there wasn't enough evidence.

After the Merced Police Department brought the case, four senior attorneys reviewed the circumstances and decided to file a case, Saini said. "We respect the decision," she said, and added that the district attorney's office wants to make sure city and private employees are held to the same accountability.

Judge Frank Dougherty told jurors their "verdict was consistent with the evidence."

Had Dash been convicted, he would've faced a maximum punishment of one year in jail and a $1,000 fine.

Dash is still challenging his termination with the city and is trying to get his job back. Fagalde said Monday's not guilty verdict will likely help that cause.

Reporter Mike North can be reached at (209) 385-2453 or mnorth@mercedsun-star.com.

This story was originally published February 7, 2011 at 11:03 AM with the headline "Former Merced police sergeant found not guilty of falsifying time card."