A suspended San Francisco police officer who faces administrative charges of sending racist text messages has now been criminally charged in federal court with robbing a bank in the city on Nov. 29, according to the U.S. Attorney's Office.
Rain Daugherty, 44, was arrested on Tuesday, according to U.S. Attorney's Office spokesman Abraham Simmons. Daugherty was charged in a criminal complaint in federal court in San Francisco today with one count of bank robbery.
Daugherty made an initial appearance before U.S. Magistrate Sallie Kim today and is due to return to Kim's court on Friday for a hearing on whether he should be granted bail while awaiting trial. He is currently being held in custody.
In an affidavit filed with the complaint, FBI Agent Gary Grzymala alleges that a man matching Daugherty's description approached a teller at an East West Bank branch in the Sunset District on Nov. 29 with a note demanding $50 and $100 bills. The robber allegedly told the teller to "calm down, just do it," and was given $9,050.
Daugherty was later identified as the suspect by another teller and by two San Francisco police officers who viewed a surveillance tape, the affidavit said.
The bank robbery charge carries a possible maximum sentence of 20 years in prison if Daugherty is convicted.
Daugherty is one of nine present and former officers who were accused in administrative disciplinary charges in 2015 of sending racist, sexist, homophobic and anti-Semitic text messages in 2011 and 2012.
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The messages came to light during the federal prosecution of former Sgt. Ian Furminger on charges related to the theft of money and property from drug suspects.
The disciplinary proceedings against Daugherty and the eight others were delayed when they claimed in a lawsuit that the charges were filed after a one-year deadline.
The proceedings were put back on track this year after a state appeals court ruled in May that the deadline wasn't violated and the California Supreme Court turned down the officers' appeal in September.
At the time the disciplinary charges were filed, San Francisco police said Daugherty and the other officers were placed in positions in which they had no contact with the public.
Grzymala said in the affidavit that Daugherty is currently suspended without pay because of an unrelated ongoing criminal investigation in San Mateo County.
San Francisco police spokesman Officer Robert Rueca confirmed that Daugherty is on "unpaid status with the department."
The San Francisco Police Officer Association released a statement saying that the union is "disgusted by the alleged criminal actions of one of our former members and a currently suspended member of the SFPD."
"We are sworn to uphold the law and are dedicated to honorably serving all San Franciscans. This individual should be held accountable for this shameful act he is accused of and if found guilty, through due process, he should face the appropriate consequences. We appreciate those SFPD members who assisted the FBI in this investigation," SFPOA's statement read.
