The Harlingen Police Department (HPD) is once again at the center of controversy following the release of a 80-page investigative file detailing the actions of Officer Steven Benitez in a 2021 incident. The documents, withheld for about six months and released only after intervention by the Cameron County District Attorney’s Office, provide an unvarnished look at the misconduct that led to Benitez’s 21-day suspension in January 2022. This revelation comes as Benitez also faces allegations of excessive force in a federal lawsuit, raising questions about systemic issues within HPD and its ability to hold officers accountable.
The newly released file exposes alarming details about the August 16, 2021, traffic stop that spiraled into a controversial use of force incident, coupled with failures to follow proper procedure. This marks the second known disciplinary action against Benitez, who had previously received a one-day suspension for another incident of misconduct. These records, combined with the federal allegations, suggest a troubling pattern of behavior and oversight lapses within the department.
The 2021 Incident: Misconduct Unveiled
According to the investigative file, Officer Steven Benitez and Detective Andres Flores were working as a two-man unit under “Operation Border Star,” a local initiative aimed at combating drug-related crime. On the day of the incident, the officers conducted a traffic stop on a vehicle suspected of leaving a known drug house, per reports. Benitez made contact with the passenger, Griselda Olmeda, and discovered she had seven active municipal warrants.
In his statement to investigators, Benitez admitted to placing Olmeda under arrest for the outstanding warrants but failed to read her Miranda Rights. Instead, he continued to interrogate her, eventually coercing her into admitting possession of narcotics. The failure to inform Olmeda of her rights violated both constitutional protections and HPD policy.
Benitez acknowledged that after handcuffing Olmeda, he failed to maintain control of her, allowing her to escape custody. As Olmeda fled across traffic and into a parking lot, Benitez deployed his department-issued Taser to subdue her. He stated that the use of the Taser was not because she was attempting to escape but to prevent her from running back into the street and being struck by a vehicle. This explanation, however, did not align with HPD’s policies or the findings of the Internal Affairs investigation, which determined that deploying the Taser on a restrained individual violated departmental rules and professional standards.
The incident resulted in significant injuries to Olmeda, who fell face-first onto asphalt after being tased, sustaining a severe laceration on her forehead. Body camera footage and witness statements detailed her disoriented and injured state, with one officer noting that she had urinated on herself and appeared confused after the fall.
Prior Discipline: A Troubling Pattern
This was not the first time Benitez faced disciplinary action for misconduct. Just months earlier, in December 2021, he had received a one-day suspension for unspecified violations. An inter-departmental memorandum from Civil Service Director Efren Fernandez notified Benitez that the suspension would be placed in his personnel file and gave him 15 days to provide a written response if he wished to contest the action. He did not.
While the specific details of the earlier suspension remain unclear, its existence underscores a troubling pattern of repeated disciplinary issues. Critics argue that HPD’s handling of these incidents reflects a failure to enforce accountability effectively, allowing problematic behaviors to persist without meaningful intervention.
Investigation Findings: Policy Violations and Inconsistencies
The 80-page investigation into the August 2021 incident revealed a series of policy violations and lapses in judgment by Benitez. Internal Affairs determined that he had violated multiple provisions of the HPD Rules, Regulations, and Policy Manual, including:
• Failing to maintain proper control of a prisoner.
• Improperly using a Taser on a restrained individual.
• Coercing a detainee into self-incrimination without issuing Miranda Rights.
• Misclassifying Olmeda’s escape as “evading arrest,” a less serious charge.
Witness statements from other officers further highlighted the unnecessary nature of the force used. Detective Andres Flores stated that he could have apprehended Olmeda without deploying a Taser and criticized Benitez’s decision as unwarranted. Officer Humberto Herrera, who arrived shortly after the incident, described Olmeda as visibly injured and disoriented, emphasizing that the use of force had escalated an already tenuous situation unnecessarily.
Benitez’s own admissions during the investigation corroborated these findings. He conceded that his actions were in direct violation of departmental policy, acknowledging that he had failed to read Olmeda her rights and that he should not have deployed the Taser.
Delayed Transparency: The Role of the DA’s Office
The release of the investigation file came only after repeated public information requests were resisted by HPD. The Cameron County District Attorney’s Office ultimately intervened, compelling the department to disclose the documents under the Texas Public Information Act. The delay in transparency has fueled public distrust, with many questioning how many other cases remain hidden from scrutiny.
The Hawk’s Eye – Consulting and News had previously reported on Benitez’s suspension in early 2022 but was unable to obtain detailed records at the time due to HPD’s refusal to release the file. The new documents now provide a fuller picture of the incident and raise serious concerns about the department’s commitment to accountability.
The Federal Lawsuit: Broader Implications
The timing of these revelations is significant, as Benitez is also a defendant in a federal lawsuit alleging excessive force in a separate incident. The lawsuit, previously reported by The Hawk’s Eye, accuses Benitez and other HPD officers of engaging in unconstitutional practices, including physical aggression against detainees. Despite the seriousness of these allegations, Benitez has not faced disciplinary action related to the federal claims.
Civil rights advocates argue that the parallels between the 2021 incident and the allegations in the lawsuit highlight systemic issues within HPD. Both cases involve excessive force, procedural violations, and questionable judgment, raising concerns about the department’s ability to address misconduct effectively.
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