Two former Rohnert Park Department of Public Safety police officers were arraigned Friday on federal charges including extortion and conspiracy in connection with marijuana seizures made in 2016 and 2017. Both officers entered not guilty pleas.
In 2018, KQED first reported on a string of motorists who alleged then-Sgt. Brendan Jacy Tatum and his partner Joseph Huffaker unlawfully seized marijuana or cash from them during traffic stops along Highway 101.
Both Tatum and Huffaker are currently out of custody on bail, and the arraignment took place via Zoom due to COVID-19 restrictions, with U.S. Magistrate Judge Sallie Kim presiding. The charges they face come with a maximum sentence of 60 to 65 years if served consecutively.
The indictment handed down by a federal grand jury on Tuesday alleges that the two abused their power as police officers to extort people during traffic stops by “claiming to be ATF [Bureau of Alcohol, Tobacco, Firearms and Explosives] agents, threatening to arrest drivers” and then seizing their marijuana “without reporting or checking the seized property into evidence, or documenting or reporting the stop and seizure.”
Tatum’s lawyer declined to comment. Huffaker’s attorney, Heather Phillips, said in an email that she looks forward to presenting her defense “so that the entire story can be revealed and Mr. Huffaker's name can be cleared. He did not do this and we are confident that a neutral jury will see that.”
“It is easy to get an indictment, as the defendant and his attorney are not allowed to take part in the grand jury proceedings,” Phillips said. “It is solely a one-sided presentation of the prosecution's case, and the burden of proof is very low.”
The indictment details six traffic stops Tatum made in 2016, either with Huffaker or with another officer, while he was head of a drug interdiction task force. These stops were recorded on police body cameras, but they were never documented in incident reports, according to the indictment. The indictment also says Tatum also failed to get destruction orders for the approximately 60 pounds of marijuana seized during the stops.
After the interdiction team was discontinued in late 2017, Tatum and Huffaker continued to seize marijuana from motorists, according to the indictment, but during this time they were out of uniform and posing as ATF agents.
The indictment alleges that the two would then sell the seized marijuana for cash.
Tatum also faces tax evasion charges. The indictment alleges that he used cash to buy cashier’s checks for the purchase a $46,835 fishing boat, and that he and his family members deposited a total of $396,224 in various bank accounts in increments of less than $10,000 that were never reported as taxable income. Bank deposits of $10,000 and up are automatically reported to the federal government.
Tatum left the Rohnert Park Department of Public Safety in June 2018 after KQED reported on the allegations against him. The police chief and a number of Tatum’s supervisors also retired that same year. Huffaker left the department in early 2019 under the conditions of a settlement agreement he reached with the city.
Another lawsuit is filed
Zeke Flatten, the motorist who first came forward to independent reporter Kym Kemp in 2018 to say he had been robbed by police officers posing as ATF agents, filed a new lawsuit this month alleging that the conspiracy to seize and sell marijuana went far beyond Tatum and Huffaker.