Content warning: This article contains graphic descriptions of sexual content. Reader discretion is advised.

Dalfiery Toruno, a police sergeant with the El Camino College Police Department, was found to be in “violation of District policy when he sent multiple, unwelcomed, pornographic, racist and homophobic text messages and videos” to an 18-year-old ECC police cadet, according to a document filed with the Los Angeles Superior Court.

In a letter written by Jaynie Ishikawa, Director of Staff and Student Diversity, stated that ECC determined “upon thorough investigation and based on a preponderance of available evidence,” that Toruno violated El Camino College (ECC) Board policies 3410, nondiscrimination and 3540, sexual and gender-based misconduct.

When the Union spoke with Toruno Dec. 2, he confirmed that he was fired by El Camino College. Kerri Webb, ECC Director of Public Information and Government Relations told the Union on Dec. 13, that ECC could not confirm whether or not Toruno was fired or comment on the case.

Ishikawa’s letter is part of a civil complaint filed by a former police cadet on Sept. 11, 2019 with the Superior Court of California, County of Los Angeles, Stanley Mosk Courthouse in downtown L.A – John Doe vs. El Camino Community College, et al. – suing ECC District, ECC Police Department, and Toruno for damages.

The letter from Ishikawa to Doe is part of the larger complaint filed at Stanley Mosk Courthouse.

Doe – the ECC cadet’s name was withheld in all the documents filed with the court in order to protect his identity – reported on Toruno’s actions in a complaint submitted to the ECC Office of Staff and Student Diversity on or about March 5, 2019.

In the court complaint, Doe said that, “commencing on or about January 26, 2018, and continuing through January 3, 2019, while utilizing employer-issued equipment, Defendant Toruno sent graphic video and text messages to Plaintiff (including sexual images and videos of the following acts: individual defecating during sexual intercourse; bondage, discipline, dominance, and submission a/k/a/ BDSM violent sexual images including possible rape; gay imagery; anti-Semitic texts and videos including Nazi or Alt-Right propaganda; homophobic texts and videos; racist imagery and language, and, other disturbing photographs of vile- and possible criminal – acts).”

Ishikawa’s letter also notified Doe that the District conducted an investigation from May 14 – July 29, 2019, and agreed that the allegations the former cadet outlined in his complaint were true.

At a court hearing on Dec. 2, Toruno told The Union that he can not speak about the details of the case, that he is out of money and no longer represented by counsel. Toruno was visibly shaken and tearing up. “This has been devastating,” he said.

When asked how he was treated by the college, Toruno said he could not comment, but added, “I still love the college and everyone there.”

John Doe’s complaint filed with the court also said that, he suffered a mental breakdown as a result of the experience and was admitted to a facility for treatment. The plaintiff is suing for payment of his medical bills.

Toruno filed several documents with the court, including a written objection on Oct. 15, 2020, stating that the claim by Doe that he suffered a psychotic breakdown lacked medical proof.

Not long after, the court made a determination that Toruno and his counsel had received all relevant medical records from Doe.

Toruno also stated in a declaration filed with the court on Sept. 20, 2020 that he was Doe’s supervisor during his participation as a cadet with the ECCPD from January 2018 – January 2019, that Doe was an employee, that at all times during the alleged incident, Doe was 18, and therefore not a part of a youth program. Toruno argues in court documents that, as an adult employee, Doe was not a victim of sexual misconduct.

John Doe requested access to Toruno’s personnel records, citing Pitchess v. Superior Court (1974) and Senate Bill 1421, (State Senator Skinner).

Both Toruno and the ECC District filed opposition with the court, stating that SB 1421 gave public access to law enforcement records with sustained allegations of sexual assault, but that Toruno engaged in sexual/gender based misconduct and discrimination.

The California Supreme Court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531 held that a criminal defendant could discover information regarding a peace officer’s personnel record requested by filing a written motion (known as a “Pitchess motion”). If a court determines that the motion shows “good cause,” it will conduct an inspection of the requested records and “disclose any relevant information to the requesting party.”

The court ruled in favor of the plaintiff, Doe, and authorized an in camera review – which according to Law Insider’s website is a hearing or review in a courtroom, hearing room, or chambers which the general public is not admitted – of Toruno’s records. Unless a settlement is reached, the results of that review deemed relevant to the case by the judge will be disclosed in a future court date.

In court documents, Doe also alleges that he was not the only victim, and that the ECC Police Department had a pattern of verbal, phone and email abuse and harassment that impacted other cadets.

Several cadet programs in L.A. County, across the country and in Europe – including the Los Angeles Police Department (LAPD), L.A. County Sheriffs, Irwindale Police Department, Trumbull Police Department, Fairfax County Police Department, Metropolitan Police of London, Greater Manchester Police Department and several U.S. military cadet programs to name a few – have been exposed for sexual abuse of cadets by older officers.

ECC has not commented, and has not reported on Doe’s complaint, the district findings, any firing or other discipline of Toruno or the pending lawsuit to ECC faculty, staff, students or the larger community.

The Union reached out to Toruno’s former attorney on the case, Paymon Z. Bidari, who declined to comment due to attorney-client privilege. Robert Orozco, attorney for John Doe, on behalf of the law firm Leech, Tishman, Fiscaldo & Lampl located in El Segundo; Chief Michael Trevis of ECC Police Dept.; Chief Jeffrey Baumunk, ECC Director of Public Safety; ECC’s Human Resources Dept.; and Meagan Poulos, Legislative Liaison/Public Information Officer for the California State Commission on Police Officers Standards and Training – POST – all declined to comment on the case and refused opportunities for an interview.

The Union left a voicemail with Dennis J. Walsh, attorney for ECC, from the law firm Walsh from Walsh & Associates, APC, who did not respond.

It is not clear as to why ECC has stayed silent on the matter, as other police departments have had open investigations on similar events.

For example when LAPD officer and cadet supervisor Robert Cain was found to have sexually abused a 15-year-old cadet, he was quickly and publicly arrested by then LAPD Chief Charlie Beck, and a full and transparent investigation was conducted by the LAPD of its cadet program including a series of public hearings held by the L.A. Police Commission and the issuing of a report – LAPD Cadet Program, Top to Bottom Review – summarizing findings and recommendations.

In court on Dec. 2, Judge David Sotelo conducted a proceeding on the status of the case by phone due to COVID restrictions. Also on the phone, was Orozco, counsel for Doe. Toruno appeared in person. Walsh, the attorney for ECC, was not present.

Orozco informed the court that a mediation hearing included discussion of a possible settlement of the case.

However, the judge also confirmed during the hearing that Toruno has filed for bankruptcy. Toruno and Orozco disagreed as to the status of the bankruptcy claim. Sotelo said that the outcome of that case could impact a settlement for damages, and therefore said he would hold the trial dates previously scheduled on the court calendar in case either of the parties reject the settlement.

The next court date is Feb. 4 before Sotelo in Dept. 414, Stanley Mosk Courthouse.

The Union submitted a public records act request to ECC Police Chief Michael Trevis for Toruno’s resume, personnel records, contract, emails, texts, names of current and former cadets and other documents on Nov. 24. Webb responded by email on Dec. 3 to The Union’s public records request to ask for a 14-day extension, as permitted under California Government Code.

On Dec. 13, Webb contacted The Union by phone to explain that some of the documents requested would be provided and that ECC would submit a written explanation for the reason some records would not be shared. In accordance with state law, Webb said the college will send The Union “an official determination” regarding the requests on or before Dec. 17. The Union has currently not received these documents.

Editor’s Note: Story updated to correct spelling of courthouse name on Dec. 15, 2:03 a.m.