APD's Matt Goodwin did not commit a criminal act, says Shasta County DA

The Shasta County District Attorney Jerry Benito will not press charges against Anderson Police Officer Matt Goodwin, Benito said in a telephone interview last week.

Goodwin was on duty when former officer Bryan Benson allegedly raped a woman in custody as Benson was transporting the victim to jail early in the morning on May 29, police logs show.

After returning from the jail, Benson allegedly told Goodwin that he had sex with the woman on the way to the jail, according to a Redding Police Department investigative report. Goodwin told fellow officers about Benson's alleged statement the day before Goodwin met with investigators on June 3, Benito said.

Waiting three days to divulge Benson's alleged admission does not constitute a criminal liability, Benito said.

When interviewed by investigators, Goodwin never "affirmatively concealed" Benson's alleged statement, which would have brought on the charge of "accessory after the fact," Benito said.

"There are no charges to cover his conduct," Benito said of Goodwin. "What he did is not criminal under any statutes."

Officers are not required by law to report crimes, such as doctors or teachers in a case of sexual assault, Benito said.

Goodwin would have to consider whether Benson was telling the truth or simply bragging, Benito said. Also, hearing an officer say he had sex with a woman in custody is different from hearing an officer say he raped a woman in custody, Benito said.

While Benito previously stated that there cannot be consensual sex between an officer and a prisoner, Benito said last week that those points are not legally obvious.

"We'll be fighting (that) out in court," he said, referring to Benson's trial scheduled for Feb. 6, 2011.

However, Goodwin may still be subject to civil liability or discipline from his employer, Benito said.

The APD's internal investigation of Goodwin was expected to complete last week, but the entire employee review process will take more time, Chief Dale Webb said in a telephone interview Sept. 22.

"We do the (internal) investigation, I review it and determine whether any disciplinary action will take place," Chief Dale Webb said.

If disciplined, the employee has the right to a Skelly hearing — a right to appeal it before imposing discipline, Webb said.

Steve Carlton, the incoming district attorney who will take office Jan. 3, 2011, concurred with Benito's reasoning in a separate interview on Sept. 21.

While Carlton stressed that he had not investigated the case himself, he said Goodwin was not legally obligated to report the alleged admission to authorities.

Goodwin has been an Anderson officer for four years and was named Peace Officer of the Year in 2007.