A former police sergeant has agreed to a court offer that allows him to avoid time behind bars for allegedly lying in a police report related to a 2016 crash involving Fullerton’s then-city manager.
Over the objection of prosecutors, an Orange County Superior Court judge on Monday sentenced Rodger Jeffrey Corbett to a pretrial diversion program requiring he carry out 80 hours of community service, pay $500 in restitution and agree to no longer work in law enforcement.
Corbett, 48, of Corona, was not required to plead guilty to the misdemeanor count he was facing of filing a false police report. And under the terms of the deal, the former officer can request the criminal charge formally be dismissed and removed from his record if he completes the terms of the diversion program.
Orange County District Attorney Todd Spitzer attributed the outcome of Corbett’s criminal case to changes in state law that Spitzer said give judges the discretion to place defendants in pretrial diversion regardless of whether prosecutors object.
“As prosecutors, we are filing charges that hold police officers who break the law accountable,” Spitzer said in a statement. “But those attempts to hold peace officers accountable are handcuffed by efforts by the state Legislature and the bench to downgrade these crimes to a point where it is as if they never happened…
“Law enforcement officers wield incredible power and when they abuse that power and engage in cover-ups and perpetuate different systems of justice for people based on their political connections, they must be held accountable,” Spitzer added.
An attorney representing Corbett could not immediately be reached for comment.
At about 1:30 a.m. on Nov. 9, 2016, Joe Felz – who was serving at the time as Fullerton’s city manager – drove over a curb in a Fullerton neighborhood, struck a tree and tried to drive away, only to be stopped by police. Earlier that night, Felz had attended at least one election night party.
According to prosecutors, the officers who stopped Felz believed he was showing “objective symptoms of intoxication.” Given Felz’s role as the city’s top administrator, Corbett – at that time a police sergeant – was called to the scene to handle the DUI investigation.
Corbett chose to conduct what prosecutors described as a “cursory” examination of Felz, rather than carry out a full battery of field sobriety tests or a blood-alcohol test via either breathalyzer of a blood draw.
Corbett concluded that Felz was not under the influence of alcohol – a determination he memorialized in a police report – and drove Felz home.
In the midst of the car crash probe, Felz opted to retire from his position. He later pleaded guilty to a misdemeanor count of reckless driving involving alcohol and was sentenced to 40 hours of community service and three years of informal probation.
Corbett was initially charged with a felony count of filing a false police report. Had he been convicted, he would have faced up to three years in prison.
Corbett has not been employed by the Fullerton Police Department since March 8, 2018. It isn’t clear if he left voluntarily or was dismissed.
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