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San Antonio Police Department Releases its April 2022 Suspension Report.

San Antonio Police Department Releases its April 2022 Suspension Report.

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The San Antonio Police Department (SAPD) has issued its monthly suspension report.

DRIVING SUSPENSIONS:

Officer Dario Ledesma was suspended for violation of an applicable fire or police department rule or special order. Essentially, he got into a vehicle accident. The suspension was rendered, based upon “[t]he level of … cumulative point total for this accident and other chargeable accidents within the twenty-four-month period prior to this accident.”

Officer Paul Frencik was suspended for violation of an applicable fire or police department rule or special order. Essentially, he got into a vehicle accident. The suspension was rendered, based upon “[t]he level of … cumulative point total for this accident and other chargeable accidents within the twenty-four-month period prior to this accident.”

Officer Eddie W. Holland was suspended for violation of an applicable fire or police department rule or special order. Essentially, he got into a vehicle accident. The suspension was rendered, based upon “[t]he level of … cumulative point total for this accident and other chargeable accidents within the twenty-four-month period prior to this accident.”

Detective Johnny J. Lopez was suspended for violation of an applicable fire or police department rule or special order. Essentially, he got into a vehicle accident. The suspension was rendered, based upon “[t]he level of … cumulative point total for this accident and other chargeable accidents within the twenty-four-month period prior to this accident.”

Officer Victoria M. Jimenez was suspended for violation of an applicable fire or police department rule or special order. Essentially, she got into a vehicle accident. The suspension was rendered, based upon “[t]he level of … cumulative point total for this accident and other chargeable accidents within the twenty-four-month period prior to this accident.”

SUSPENSION FOR MISUSE OF POSITION:

Detective Royce E. Vasquez was suspended for violation of an applicable fire or police department rule or special order.

The suspension document states, “[on] October 14, 2021, off-duty SAPD Detective Royce E. Vasquez was a victim of family violent at his residence. The offender was arrested for the offense of deadly conduct and assault bodily injury. Detective Vasquez used his position as a sworn officer to enter the City Magistrate’s Detention Center. There, Detective Vasquez contacted the arrested officer and the on-duty assistant district attorney to inform them that he signed a complaint waiver in an attempt to have the criminal charges rejected so that the offender cold be released.” The document also identifies the complaint related to the suspension is filed as SAPD21204503.

TAMPERING WITH GOVERNMENT RECORDS ALLEGATION, RESULTING IN AN INDEFINETE SUSPENSION:

Officer Morgan K. Lucas was suspended for acts showing lack of good moral character, conduct prejudicial to good order, and violations of an applicable fire or police department rule or special order.

The suspension document states, “[o]n November 16, 2021, a post indictment warrant #1780928 (Tampering Government Records) was issued for SAPD Officer Morgan K. Lucas for involvement related to SAPD20019183. On November 18, 2021, at approximately 9:00 a.m., Officer Lucas was arrested after turning himself in to authorities. Officer Lucas’ actions did not conform to the ordinary and reasonable rules of good conduct and behavior and brought reproach and discredit on himself and the department when a warrant was issued in which he was arrested.”

Officer Morgan K. Lucas was issued an indefinite suspension, and the Combined Law Enforcement Association of Texas (CLEAT) appears to be representing the officer.

ASSAULTIVE CONDUCT SUSPENSION:

Officer Sonny M. Kretzer was suspended for discourtesy to the public or to a fellow employee while the fire fighter or police officer is in the line of duty, conduct prejudicial to good order, and violations of an applicable fire or police department rule or special order.

The suspension document states, “On October 31, 2021, at approximately 2006 hours, Bexar County Sheriffs Office (BCSO) Deputies responded to a disturbance in the 5400 Block of Gypsy Way, Bexar County, Texas. BCSO deputies determined off-duty SAPD Officer Sonny M. Kretzer was involved in a physical altercation with Mr. Mason Beetem while investigating a suspicious vehicle parked in his neighborhood. In the 200-OR report submitted by Officer Kretzer, he indicated he was conducting a “welfare check” on the individuals associated with the vehicle who were arguing. There was apparent damage from a collision on the front of the vehicle. Mr. Beetem, the male occupant from the vehicle, demanded Officer Kretzer leave, but Officer Kretzer continued to question Ms. Katelynn Levis, the female occupant, after identifying himself as a San Antonio Police Officer. Based on BCSO interviews recorded by body worn camera, Mr. Beetem and Officer Kretzer squared off chest to chest exchanging words until a physical altercation ensued. …….. BCSO documented the physical altercation between Officer Kretzer and Mr. Beetem as a “mutual combat” incident under 2021-BCSO-020369.

In addition, during the above incident, interviews captured on Body Worn Camera recordings indicated that Officer Kretzer removed a holstered handgun from his person and handed it to his father as the verbal confrontation with Mr. Beetem intensified. In the 200-OR report submitted by Officer Kretzer, he indicated he was “securing” the weapon since his holster didn’t have a locking mechanism.

“The BCSO deputy’s Body Worn Camera recording captured audio during the deputy’s review of a cell phone recording taken by Ms. Katelynn Levis, another vehicle occupant, during the confrontation. Mr. Beetem asked (58:56), “What’s your badge number?” Officer Kretzer replied. “You don’t need to know my badge number.” During a recorded interview with the same deputy (31 :30), Officer Kretzer acknowledged he did not provide his badge number after identifying himself as an officer.

“[T]he recording [also] captured Officer Kretzer tell Mr. Beetem (1 :00:05), “You’re in my [explicit] neighborhood. Get the [explicit] out of here!” During a recorded interview with the same deputy (27:33), Officer Kretzer said he told Mr. Beetem, “You need to get the [explicit] out of here.”

The above incident was documented under 2021-BCSO-020369.

ROAD RAGE SUSPENSION:

Officer Josue G. Vallejo-Martinez was suspended for violation of an applicable fire or police department rule or special order.

The suspension document states, “ On October 20, 2021, at approximately 1545 hours, off-duty SAPD Officer Josue G. Vallejo-Martinez was involved in a road rage incident in the 23300 block of US Hwy 281 N, San Antonio, Texas. Officer Vallejo-Martinez was operating his personal vehicle in the HOV (High-Occupancy Vehicle) lane and was the only occupant in the vehicle he was driving. The HOV lane ends and merges into a two-lane highway and Officer Vallejo Martinez reported the occupant in the vehicle next to him rolled down his window and struck the passenger side mirror with his fist, causing mirror damage. Officer Vallejo-Martinez followed the vehicle for approximately eight miles outside the San Antonio city limits to the 32200 block of US Hwy 281 N, Bulverde, Texas, Comal County. Officer Vallejo-Martinez ordered the driver out of the vehicle while stopped at a traffic light on the highway to identify the occupant of the vehicle. In addition, during the above incident, Officer Vallejo-Martinez misrepresented
himself when he told the party involved in the incident he had a [deleted] in his vehicle to justify driving in the HOV lane.

The [ ] incident is documented under SAPD2 l 209368.

PARTYING SUSPENSION:

Officer Joe Pena, Jr was suspended for drinking intoxicants while on duty or intoxication while off duty, and for a violation of an applicable fire or police department rule or special order.

The suspension document states, “On November 5, 2021, at approximately 0134 hours, the Corpus Christi Police Department (CCPD) responded to a disturbance at The Library bar, located at 5710 S. Alameda Street, Corpus Christi, Texas. The CCPD Officers contacted off-duty SAPD Officer Joe Pena, Jr. #0461 and his cousin at a bus bench in front of a fuel station next to the bar. Officer Pena told the officer he was bleeding because “those guys over there [explicit] us up!” Officer Pena was handcuffed and searched, which revealed he was a San Antonio Police Officer through his police identification. The CCPD investigation determined Officer Pena and his cousin had been in a physical altercation with the bouncer at The Library bar. Officer Pena said they were leaving the bar when they were confronted by the bouncer, and it was a “free for all.” The bouncer said Officer Pena and his cousin were told they couldn’t leave the bar with beer bottles and Officer Pena threw the bottle at him, breaking it on the ground. The bouncer admitted he hit Officer Pena after Officer Pena “swung” at him. The bar personnel did not know Officer Pena was a law enforcement officer at the time of the physical altercation.”

Additionally, during the above incident, CCPD Officers detained off-duty SAPD Officer Joe Pena, Jr. and his cousin while investigating their involvement in a physical altercation at The Library bar. The CCPD Officer’s body worn camera recording captured her telling Officer Pena (0 I :03), “Your fly is down sir, you’re intoxicated, you’re bleeding … Officer Pena provided his statement regarding what happened that led up to the physical altercation and admitted to the CCPD Officer he had been “drinking.” The handling CCPD Officer made a statement to other officers on scene indicating she didn’t want to arrest a police officer for Public Intoxication (04:56). Officer Pena was intoxicated in public view and to an extent which rendered him unfit to report for duty for the San Antonio Police Department.

“This incident is documented under CCPD case #2111050011”

VIDEO FOOTAGE SUSPENSION:

Officer Jason D. Owen was suspended for acts of incompetency, neglect of duty, discourtesy to the public or to a fellow employee while the fire fighter or police officer is in the line of duty, conduct prejudicial to good order, and violations of an applicable fire or police department rule or special order.

The suspension document states, “On November 2, 2021, at 8:05 p.m., on-duty San Antonio Police Officer Jason D. Owen was a passenger and riding as a two-man unit in a marked police vehicle. While the driver was taking the exit ramp of W/B US Hwy 90 West to S. General McMullen, San Antonio, Texas, the marked police vehicle collided with another vehicle and continued without stopping to check on the occupants of the other vehicle or to inspect for damage.”

[A]t approximately 7:58 p.m., on-duty San Antonio Police Officer Jason D. Owen was riding as a two-man unit in a marked police vehicle. While responding to a Code 1 call to cover another officer on a traffic stop in the 1700 block of Romero, San Antonio, Texas, the CO BAN (In-Car Mobile Video Recorder) was turned off four times by Officer Owen.

[A]t approximately 8:07 p.m., on-duty SAPD Officer Jason D. Owen assisted other officers with a traffic stop, in the 1700 block of Romero, San Antonio, Texas. During an administrative investigation of the incident, it was discovered Officer Owen activated his Body Worn Camera (BWC) upon arrival but then turned off his Body Worn Camera while speaking to another officer.”

The [ ] incident is documented under SAPD21219766 & SAPD21219730.

FAILURE TO REPORT ALTERACTION OR DISTURBANCE SUSPENSION:

Detective John E. Saenz was suspended for violation of an applicable fire or police department rule or special order.

The suspension document states, “On November 9, 2021, a Comal County Sheriff’s Office (CCSO) investigations supervisor informed the SAPD Internal Affairs Unit about an officer-involved incident which occurred on November 6, 2021, at 328 Ballad Bluffs, Spring Branch, Texas, and involved off duty SAPD Detective John E. Saenz. A review of Blue Team records revealed no entry was created regarding the incident. The Administration alleges Detective Saenz failed to immediately self-report, verbally and in writing to his immediate supervisor, a disturbance in which he was involved that resulted in a law enforcement response.”

ACCIDENT WHILE RESPONDING TO A CALL FOR SERVICE:

Officer Antony S. Brown was suspended for acts of incompetency, neglect of duty, discourtesy to the public or to a fellow employee while the fire fighter or police officer is in the line of duty, conduct prejudicial to good order, and violations of an applicable fire or police department rule or special order.

The suspension document states, “on November 2, 2021, at approximately 8:00 p.m., on-duty SAPD Officer Anthony S. Brown was assigned to a Code-One cover call for a traffic stop in the 1700 Block of Romero, San Antonio, Texas. While driving to this call, Officer Brown encountered traffic on IH 35 S North Bound and Officer Brown made the decision to go around the traffic while activating his patrol vehicle’s emergency lights and siren.”

[A]t 8:05 p.m., on-duty San Antonio Police Officer Anthony S. Brown was operating a marked police vehicle on the exit ramp of W/B US Hwy 90 West to S. General McMullen, San Antonio, Texas. Officer Brown collided with another vehicle while traveling at the speed of 71 MPH and continued without stopping to check on the occupants of the other vehicle or to inspect for any damage done to the vehicles.”

The collision caused an estimated $2,719.18 property damage to the marked police vehicle Officer Brown was operating.”

While on IH 35 S. North Bound, Officer Brown drove on the left shoulder while passing other vehicles and drove at speeds up to 101 miles per hour in a 60 miles per hour zone.

The [ ] incident is documented under SAPD2 l 2 l 9766 & SAPD2 l 2 l 9730.”

LAST CHANCE AGREEMENT OVER CASE HANDLING PROCEDURES:

Officer Miguel A. Legal was issued a contemplated indefinite suspension for violations of civil service rules and regulations of the SAPD. It was agreed he would be placed on a last change agreement.

The circumstances around the events leading to the last chance agreement, are as follows:

On October 31, 2021, at approximately 0630 hours, on-duty SAPD Officer Miguel Leal responded to 920 E. Chavaneaux Rd., San Antonio, Texas, for a prowler. Officer Leal contacted the property owner, Mr. Norman Goar, who reported a vehicle was stolen from the property next door and the stolen vehicle was driven through his fence. He said the stolen vehicle was stuck in his damaged fence, and Officer Leal used his patrol vehicle to follow Mr. Goar to the stolen vehicle. Officer Leal’s Body Worn Camera recording revealed that he did not exit his patrol vehicle, therefore the stolen vehicle was not searched for a suspect, placing Mr. Goal”s safety at risk. Officer Leal did not identify the stolen vehicle or investigate the method used to steal the vehicle, and he did not run the vehicle TCIC/NCIC for a stolen status or owner information. Officer Leal failed to obtain a repair estimate from Mr. Goar who clearly asked for a report for the damage to his fence.”

“Officer Leal did not report the information pertaining to two criminal offenses until he was directed to do so by a supervisor.”

Officer Leal failed to complete an Offense Report for two known criminal offenses as required by Department
policy.

[A]t approximately 1021 hours, on-duty SAPD Officer Miguel Leal was on scene at 954 E. Chavaneaux Rd., San Antonio, Texas, walking the property with the business manager, Mr. Robert Bateman, to inspect five stolen/recovered vehicles that remained on the business property. Officer Leal’s Body Worn Camera recording captured Officer Leal ask Mr. Bateman, “Has any of these officers come back here?” Mr. Bateman said they had not. Officer Leal responded, “Wow. Okay. I got six [explicit] officers back there and … ” Mr. Bateman said he felt like he had to do their job for them every time they came out (referencing other police officers). Officer Leal described the situation as “frustrating” because he had five officers out there.”

Officer Leal’s Body Worn Camera recording captured his request for a crime scene investigator (CSI) to process the scene. Officer Leal advised radio dispatch the scene was to be processed for “felony criminal mischief.” Officer Leal did not mention the stolen/recovered vehicles. The business manager told Officer Leal there should be “fingerprints” while inspecting vehicles, but Officer Leal told the manager they won’t be able to lift fingerprints because of the “dust.” The CSI questioned Officer Leal if her “portion” was to process for Criminal Mischief. Officer Leal responded, “That’s it. Criminal Mischief.” Officer Leal released five recovered stolen vehicles to the business manager without documentation for chain of custody or Department liability. Officer Leal failed to process the recovered stolen vehicles for fingerprint evidence, and he did not complete properly release forms as required by Department policy. This incident was documented under SAPD212 17777.”

EXAGGERATED CALL FOR SERVICE SUSPENSION:

Officer John W. Maxwell was suspended for violation of an applicable fire or police department rule or special order.

The suspension document states, “On or about February 16, 2022, at approximately 7:12 p.m., Officer John W. Maxwell was dispatched to a disturbance call at 11311 US Highway 281 S. (SAPD 2022-0199643). Officer Maxwell arrived at the location at approximately 7:29 p.m. as the reporting officer and contacted the clerk of the convenience store to further investigate the incident. The clerk advised Officer Maxwell that the suspect had already departed the location. Based on the facts of the incident, it did not require an extensive follow-up investigation or report. Officer Maxwell ended his conversation with the clerk at approximately 7:34 p.m. but did not check back into service immediately as per policy. Instead, Officer Maxwell stayed on the call until he returned to the South Patrol substation at approximately 9:20 p.m. to end his tour of duty.

Officer Braulio M. Aguilar was suspended for violation of an applicable fire or police department rule or special order.

The suspension document states, “On or about February 16, 2022, at approximately 7: 12 p.m., Officer Braulio M. Aguilar was dispatched to a disturbance call at 113 11 US Highway 281 S. (SAPD 2022-0199643). Officer Aguilar arrived at the location at approximately 7:29 p.m. as the cover officer and he stood by while Officer John Maxwell, #1367 contacted the clerk of the convenience store to further investigate the incident. The clerk advised Officer Maxwell that the suspect had already departed the location. Based on the facts of the incident, it did not require an extensive follow-up investigation or report. Officer Maxwell ended his conversation with the clerk at approximately 7:34 p.m., but Officer Aguilar did not check back into service immediately as per policy. Instead, Officer Aguilar stayed on the call until he returned to the South Patrol substation at approximately 9:08 p.m. to end his tour of duty.”

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