FOLSOM (CBS13) – A security guard claims Folsom’s vice mayor pretended to be a police officer, then assaulted him.

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Vice Mayor Jeff Starsky calls the allegations a complete fabrication.

CBS13’s Nick Janes went to Folsom to see why prosecutors decided not to file charges.

There’s not much middle ground here. You’re about to hear two versions of the same incident with each person insisting the other is flat-out making things up.

“This is a guy looking for 15 minutes of fame,” said Starsky.

The war of words continues.

“The guy comes off as, ‘I’m better than everybody else and that’s how he walked up,’” said Rudy Dizon, a security guard who claims he was assaulted by Starsky.

Back in September, Rudy Dizon was working security at Folsom Live, an outdoor music event. He claims Starsky pretended to be a cop to get past a security barrier.

“I go, ‘Uh, you can’t come through here. You don’t have the right credentials. He goes, yes I can, flashes me a badge and says Folsom P.D.,’” said Dizon.

When Dizon wouldn’t let him through, Starsky assaulted him, says Dizon.

“He goes, ‘You’re done, you’re done’ and starts coming back at me again and pokes me in the chest again,” said Dizon.

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“Oh my gosh, this guy is a total fabrication,” said Starsky, referring to Dizon.

Starsky vehemently denies the whole thing, saying he never touched the security guard.

“Absolutely not. Absolutely no. It’s ridiculous,” he said. “I’m a lawyer, I know the difference. You think I’m gonna poke a guy?”

“He’s 100 percent lying and that’s all there is to it,” said Dizon.

The case ended up with the Sacramento County DA’s office. In a memo sent to the sheriff’s department obtained by CBS13, they say “independent witness statements establish Mr. Starsky identified himself as a police officer.”

But because it wasn’t clear if he flashed a police or city council badge, they say, “it is unlikely a jury would unanimously agree such evidence is sufficient ‘beyond a reasonable doubt.”

While witness statements indicate Starsky committed battery, “the described conduct does not reach the level generally required for the filing of a battery charge by this office.”

Rudy insists Starsky got special treatment because of who he is.

“If I had done that to him or another official or the mayor on that same night, I’d be in jail right now; they’d prosecute,” said Dizon.

“That’s why the D.A. did their investigation. They’re not prosecuting anything because none of it’s true,” said Starsky.

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So in the end the D.A.’s office decided not to file charges. Was it the right call? Well, that depends on who you ask.
Folsom officials declined to comment on the incident, calling it a private matter.