Fire Captain Loses Job After Drunken Hit-Run

The Long Beach Fire captain who admitted to a DUI hit-and-run in the severe injury of a cyclist, has been "released from city service," a Long Beach official said Wednesday.

John David Hines, 38, was "released from city service June 23," said Ken Walker, manager of personnel operations for the City of Long Beach. Although Walker could not comment more on a personnel matter, when asked whether a felony conviction would be grounds for termination, he cited the civil service code. It states that suspension to firing are allowed for even misdemeanors, depending on circumstances, including the "moral turpitude" involved.

Hines' defense attorney, Vincent Tucci, a DUI specialist in Irvine, did not return Patch calls for comment.

As part of a court-offered deal Tuesday, Hines pleaded guilty to one felony count each of driving under the influence of alcohol causing bodily injury, driving with a blood alcohol level of 0.08 percent or more causing injury, hit and run with injury, and sentencing enhancements and allegations for causing great bodily injury and having a blood alcohol level over 0.20 percent. The charges could bring a maximum of six years, eight months, but the prosecutor in the case said he suspects Hines may only get probation.

According to prosecutor Andrew Katz, Hines got drunk the morning of April 1 at a waterfront Long Beach restaurant called Schooner or Later. At about 1:30p.m., he drove his truck down Westminster Avenue in Seal Beach, where he swerved off the road and struck bicyclist Jeffrey Gordon of Long Beach.

Under a plea deal offered by the judge, Hines will return to court Dec. 2, after spending 90 days in state prison undergoing a "diagnostic evaluation" to "determine his suitability" for a longer stay behind bars, officials said.

Though not rare, a court offer differs from a plea agreement negotiated between the district attorney’s office and a defense attorney. In a court offer, the deal is reached between the judge and the defense without the prosecutor’s agreement. The prosecutor can object to the deal at the time of sentencing, but the judge can move forward with it anyway.

Katz vowed after the hearing to argue for a prison sentence, but noted that generally speaking, "courts make better offers than district attorneys.”

The arrangement was struck by Orange County Superior Court Judge Erick Larsh, who could not be reached for comment, a court spokesperson said Wednesday.

A 90-day prison psychological evaluation is a tool that the court can use to obtain an in-depth determination of a defendant’s suitability for a prison or jail sentence. The judge will use this report in determining whether Hines will be sentenced to prison.

Meanwhile, Patch emailed Gordon and received a response from him Tuesday after Hines' conviction. Gordon started by noting that his attorney advised against commenting on the conviction. However, in his first public statement since the accident, he thanked those who saved his life that April day and hunted down Hines to make sure he didn’t escape.

“I do want to share a few thoughts with you about the real heroes who have helped me. First, I understand that there were at least two witnesses who followed Mr. Hines home while reporting the crime to the authorities, without whom he would not have been brought to justice,” he wrote via email.

“There is no adequate way for me to thank those Good Samaritans. Next, the Seal Beach Police Department and other first responders who attended to me at the site. Their quick action and skill has certainly been
one of the reasons for the success of my recovery. Additional thanks must be given to the investigators and the Orange County District Attorney's office who have spent many hours pursuing justice on my behalf. Not least of all, I would like to express my gratitude to the many very experienced doctors, nurses and therapists who have helped me along in my recovery. I continue to have significant pain and can only hope that over time I will be return to "normal" in my work and personal activities. Without HERO'S such as these wonderful caring people, I may not have been the only victim. These fantastic people are the real story, not myself.”

Gordon was hospitalized for two weeks with head, spine and other injuries and has had an arduous recovery, the prosecutor has said. His attorney filed a claim for damages with the City of Long Beach, May 23rd, the City Clerk's office said. Such claims are routinely denied first by the City Council, and then referred to the City Attorney's office for review.

Deputy City Attorney Monte Muchit, who oversees attorneys handling litigation, said the claim was investigated and denied July 13 on grounds that Hines was not working nor in the scope of his job with the city, thus the city was not liable.

However, Gordon's attorney, Ted B. Wacker, doesn't see it that way. At this point, the civil lawsuit has not yet been filed, but a claim, a precursor to a lawsuit, holds the the city responsible for the recklessness of its employee.

“Obviously, there is no amount of money that will ever replace the lifetime of injuries including pain and suffering and emotional trauma that Mr. Gordon suffered as a result of this horrible event,” added Wacker. “However, Mr. Gordon is a resilient man who is looking forward to the rest of his life with his fiancée and family.  He is a very positive person and hopes that he will return to "normal" to the extent that is possible.”