SACRAMENTO, Calif. – A 71-year-old woman left with permanent injuries after an alleged assault by a Sacramento County sheriff’s deputy has formally filed a complaint against multiple deputies, according to her attorney.
In April, the Sacramento Bee reported that former Deputy Matthew Gurich forcefully pushed Ourania Thimmhardy after her release from jail in October. On March 14, Gurich was fired, Sgt. Amar Gandhi told the Bee.
Since the Davis Vanguard first reported on this case, new developments have emerged. This week, the Law Office of Mark E. Merin, Thimmhardy’s lawyer, released a formal citizen complaint letter on her behalf to the Office of Inspector General.
The incident video released in February showed Gurich shoving Thimmhardy to the ground. The Bee reported that after being held for two days, Thimmhardy was leaving when she “refused to sign a form without clarification.” Deputies then “physically (escorted) her out the building” and pushed her.
Merin reported in the lawsuit that Thimmhardy is now unable to climb stairs and requires the assistance of care workers due to her injuries, according to the Bee.
The complaint, filed Sept. 10, outlined the events of Thimmhardy’s arrest, the alleged assault, the deputies’ response, and her resulting hospitalization. It lists seven individuals as respondents.
Merin’s office cited California Penal Code § 832.5, which requires public entities to investigate and resolve complaints. The statute mandates resolution within 30 days of the investigation’s completion, with findings classified as sustained, not sustained, exonerated, unfounded, or excused.
The complaint said Thimmhardy has several diagnosed disabilities, including schizoaffective disorder, bipolar disorder, paranoia, and delusional disorders. She had been hospitalized multiple times and prescribed medication. During her October arrest, she was experiencing a mental health crisis after refusing to leave a retail store. She was not placed on a psychiatric hold but was jailed instead.
Two days later, the assault occurred as she was being released, the complaint stated. Deputies Gurich, Scott Walker, Katherine Zumwalt, and Zachary Frizzell were all named.
During the release, the complaint said deputies made statements such as, “We’re having fun, huh?” from Walker, and, “If you want to go home, you’ve got to sign,” from Gurich. Thimmhardy appeared confused.
Walker and Gurich pressured her to sign the form without clear explanation. “Jesus. Just sign the form,” Walker said.
The complaint said Gurich got close, touched Thimmhardy’s shoulder, and waved his hands in her face. She asked him to “watch (his) contact” before considering signing.
“You need to stop f**king talking and just listen to us,” Gurich said, while he and Walker laughed, according to the complaint.
Thimmhardy, taken aback, questioned him as deputies tried to get her to sign. She asked why she was arrested for trespassing as a grocery store customer. She eventually signed several forms.
The complaint said Gurich then asked if she had any complaints. She pointed to police conduct and the arrest. Deputies cursed and made unclear statements, escalating her distress. Zumwalt laughed and commented throughout.
At 11:15 p.m., Gurich escorted Thimmhardy out, allegedly grabbing her left arm, spinning her, and pushing her. She stumbled and asked him not to push her. “Shut the f**k up,” he replied.
Despite her compliance, Walker told her to keep her hands down. Gurich twisted her wrist behind her back and grabbed her shirt, still pushing her forward.
“What are you doing?” she asked, according to the complaint. “You need to keep your hands to yourself,” Walker said, which the complaint described as pretext to exert force. Deputies pulled both arms behind her back as she questioned what was happening.
Merin’s office said Gurich slammed her head into a door while Zumwalt and Frizzell followed.
“We’re escorting you outside because you can’t go without assaulting my partner,” Walker said, according to the complaint.
The complaint said deputies brought Thimmhardy to the jail doors, where security officers Jeffrey Soriano and Jason Pike were stationed.
At 11:16 p.m., Gurich shoved her to the floor, the incident that drew media coverage. Walker, Zumwalt, Frizzell, Soriano, and Pike observed without intervening.
Merin’s office said Thimmhardy suffered “a displaced intertrochanteric fracture of her right femur.”
The complaint said Gurich smirked at Frizzell while Thimmhardy cried out. Deputies and security reentered the jail, leaving her outside.
Zumwalt and Gurich were later told to check on her but laughed, the complaint said. Frizzell joined as they tried to assess her injuries. Gurich smiled and questioned the extent of the damage.
Throughout the video, Thimmhardy asked, “Who pushed me?” and noted missing belongings. She questioned procedure and said she would report staff.
“This is very serious, I think. Oh, my God,” she said of her injuries. “So, I want this to be the last time I see you here at the jail,” Zumwalt replied.
The complaint said Gurich and Frizzell told a responding sheriff that Thimmhardy was unclear and not in severe pain. In fact, she had identified pain in her upper-right thigh.
At 11:40 p.m., she was taken to a hospital, where she remains under medical care. Her mental health has deteriorated since.
The complaint said Thimmhardy’s husband died while she was hospitalized, and she could not see him before his death. His wish to be buried in Romania was not fulfilled because she could not make arrangements from the hospital. Her home was also boarded up, compounding her trauma.
The complaint accuses Gurich, Walker, Zumwalt, and Frizzell of excessive force, denial of medical care, retaliation, and disability discrimination. Pike and Soriano face complaints of excessive force and denial of medical care.
“This hip injury at this age could, for some seniors, be the kiss of death when you lose certain mobility and enjoyment of life,” her son John told the Bee.
“Can they envision their mother being in that position?” her son George asked the Bee.
“There has to be training, there has to be staff accountability and they have to look at people who are in custody as human beings, who need care and help and not mistreatment,” Merin told the Bee.
He also said the case calls for “accountability, potential criminal charges and ‘major changes’ in the jail,” according to the Bee.
Under California Penal Code § 832.5, the public can expect an outcome after a full investigation.
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