By Malaika Fraley
SAN FRANCISCO -- A former
Danville officer and Contra Costa County sheriff's deputy was sentenced
Wednesday to 15 months in federal prison for his role in a private
investigator's scheme to set up men in ugly child custody battles for what
became known as "dirty DUI" arrests.
Speaking publicly for the first
time since his 2011 arrest, 50-year-old Stephen Tanabe told a judge he was
unaware of the extent of now-incarcerated private investigator Christopher
Butler's scheme and that he felt justified arresting drunken drivers. Tanabe
admitted accepting a Glock handgun that prosecutors say was payment for
arrests, but he claims it was not a "quid pro quo" situation. He
again denied the government's claim that he was also paid in cocaine.
"I would not have thrown
my career away to save $450 (on a Glock) if I thought what I was doing was
wrong," said Tanabe, an Alamo father of two who started his law
enforcement career in Honolulu in 1987 and worked at the Antioch Police
Department before joining the Sheriff's Office.
"All I ever wanted to do
was be a cop," Tanabe said, his voice breaking. "I destroyed that --
that's all one of the hardest things to swallow."
Tanabe said he regrets not
testifying at his trial in September, when he was convicted of six felonies for
conspiracy, wire fraud and extortion. He was acquitted of one wire fraud count
related to text messages that prosecutors said pertained to the cocaine
exchange.
Federal sentencing guidelines
called for between 21 and 27 months in prison; Judge Charles Breyer did not
explain why he handed Tanabe a shorter term.
Tanabe was arrested for the
"dirty DUI" busts, and former San Ramon Officer Louis Lombardi was
arrested for drug sales and thefts, based on Butler's statements to
investigators after he and then-Contra Costa Narcotics Enforcement Team Cmdr.
Norman Wielsch were caught on video selling stolen drug evidence in February
2011.
Wielsch and Butler were
sentenced to 14 and eight years, respectively, for the drug sales, robbing
prostitutes, making false arrests and other crimes. Lombardi received three
years. Butler's sentence is expected to be reduced, based on his testimony
against Tanabe and others.
Earlier this month, former San
Ramon divorce attorney Mary Nolan was sentenced to two years in prison for
illegal wiretapping, working with Butler to plant listening devices in cars and
tax evasion. Though she represented some of the ex-wives of the "dirty
DUI" targets and was involved in the setups, Nolan was not charged in the
"dirty DUIs" because the statute of limitations had lapsed,
prosecutor Hartley West said in court Wednesday.
Butler said he attempted the
"dirty DUI" scheme about a dozen times. His employees would entice
the men to get drunk and then Butler would tip off police once they got into
their cars. Those employees were usually attractive women pretending to be
interested in the targets, but they sometimes were men pretending to be a
reality TV producer or a journalist. Butler claimed Tanabe was the only officer
he paid in connection with the setups, which were meant to make the targets
look bad in their custody battles.
Tanabe was not remanded into
custody Wednesday but was ordered to surrender himself to the Federal Bureau of
Prisons by April 15. His sentencing allows for civil lawsuits filed by the DUI
targets in federal court to resume.