VIA Metropolitan Transit Authority Police Department’s recent disciplinary actions show varied infractions, raising concerns about fairness and consistency. Lawsuit involving Marcos Rios continues to garner attention and scrutiny.
VIA Transit Police Department Facing Scrutiny Amid Lawsuit
Previously, we published the disciplinary records of the VIA Metropolitan Transit Authority Police Department covering the period from 2021 through July 23, 2023. We have now obtained their disciplinary actions from July 24, 2023, through August 3, 2024.
Notably, the VIA Metropolitan Transit Authority is currently involved in a lawsuit they are attempting to have dismissed. We have previously reported on this case, which arose from an encounter between VIA police and Marcos Rios, who is known for recording First Amendment audits that he uploads to platforms like YouTube and Facebook.
Interestingly, we could not locate any disciplinary actions from 2021 to August 3, 2024, involving the officers named in Rios’s complaint: Corporal Christopher Perez, Officer Amanda Lara, Security Officer Joe Flores, or Officer Thomas Sarinana. However, we did report on discipline given to Officer Joann Gutierrez, who was ultimately terminated from VIA after multiple instances of documented discipline—none of which, it appears, involved Marcos Rios.
It is evident that VIA takes citizen complaints, as demonstrated by the written reprimand issued to Officer Clyde Bankston. Bankston was the subject of a complaint by Jeffrey Wilson (Case #23-01591) concerning an incident on December 18, 2023, at approximately 8:05 A.M. at Randolph Park & Ride. The complaint alleges that Bankston “unintentionally damaged” Wilson’s camera when he grabbed it from Wilson’s hand while Wilson was recording Bankston’s vehicle and an open, unsecured MDT computer screen. We are currently working to obtain footage of this encounter.
Further illustrating the department’s disciplinary practices, on April 9, 2024, Officer Joseph McGarity received a direct written order from VIA’s Police Department, instructing him to cease all future contact with a North East Independent School District (NEISD) officer, who was a former romantic partner. This order was issued after it was revealed that Officer McGarity and the NEISD officer had been involved in a romantic relationship that had ended poorly. The relationship, which had apparently become contentious, led to complaints that their interactions were no longer professional but instead heated and disruptive.
The written order explicitly defined “contact” to include any form of verbal, written, telephonic, or electronic communication, both during on-duty and off-duty hours. The directive was clear: any contact initiated by the NEISD officer, whether in a professional setting or by chance during off-duty hours, was to be reported immediately to McGarity’s supervisor. The order also emphasized that the cessation of contact was not only a professional necessity but was also mutually agreed upon, given the nature of their past interactions.
The seriousness of this situation was underscored when, just two days later, on April 11, 2024, Officer McGarity was formally reprimanded for violating the VIA Transit Police Standard Operating Procedures. The reprimand detailed how, during his patrol shift on April 4, 2024, McGarity drove off-route in a VIA-marked patrol vehicle specifically to engage in a personal conversation with the NEISD officer. The conversation, which focused on issues from their previous relationship, was entirely unrelated to his official duties and, as such, was a breach of the department’s policies on professional conduct.
Yet, despite enforcement of policies shown above, VIA seems to assert that no policy violations occurred in the case involving Marcos Rios, implying that their handling of the situation was entirely above board. This contrast raises questions about the consistency of disciplinary measures within the department, particularly in cases that escalate to legal challenges.
Further examination of recent disciplinary actions taken by the VIA Metropolitan Transit Authority Police Department reveals additional instances where officers were held accountable for various infractions:
- Officer Christopher Perez: On March 19, 2024, Officer Perez was involved in a preventable vehicle accident at the intersection of San Pedro and Elmira. During the incident, Perez failed to apply the Smith System Keys #3 (“Keep Your Eyes Moving”) and #4 (“Leave Yourself an Out”), leading to a collision with a stationary vehicle. As a result, Perez was issued a documented verbal reminder, reinforcing the need for extra caution while operating a VIA vehicle, and was reminded of the VIA Transit Police Department Standard Operating Procedures—specifically Section 306 regarding Vehicle Operations.
- Probationary Officer Isabella Lopez: On September 15, 2022, Officer Lopez reported losing her VIA Transit Police credentials, a violation of policy 403, which governs Line and Equipment Inspections. The incident, which also involved the loss of her driver’s license, led to a memo requiring Lopez to report to the VIA Transit Police Admin for a replacement and scheduled a reinspection. This incident underscores the importance of officers maintaining possession and security of their credentials at all times.
- Officer Brandon Tamayo: On February 24, 2024, Officer Tamayo failed to issue a citation or written warning during a bicycle traffic stop he initiated, a clear violation of Section 610 of the VIA Transit Police Standard Operating Procedures. The failure to enforce traffic laws as required led to a formal written reprimand. Tamayo was cautioned that any further infractions could result in more severe disciplinary actions, including probation, suspension, or termination under VIA’s Positive Discipline Program.
- Officer Jonathan Bernal: Officer Bernal received a written reprimand for failing to activate his body-worn camera on multiple occasions, as required by Section 410 of the VIA Transit Police Standard Operating Procedures. On three separate incidents—February 17, February 18, and March 15, 2024—Bernal did not have his body-worn camera powered on or failed to activate it during critical moments, including during an arrest and a use-of-force incident. This repeated failure to comply with body-worn camera protocols resulted in a formal written reprimand, with the warning that further violations could lead to probation, suspension, or termination.
These cases highlight a pattern of discipline within the VIA Metropolitan Transit Authority Police Department, where officers are reprimanded for a range of infractions, from procedural lapses to more serious violations of operational policies. Yet, the department’s insistence that no policy violations occurred in the Marcos Rios case, despite the scrutiny surrounding it, raises concerns about the uniformity and fairness of their disciplinary practices. The handling of these cases will continue to be closely monitored, particularly as the lawsuit involving Marcos Rios progresses.
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