Internal Affairs Report
Location:
Española, New Mexico, USA
Subject of Investigation:
Report Date:
December 30, 2015
Client:
Española Police DepartmentIncident Date:
September 28, 2015Investigator:
Kevin BrunoInvestigator Employer:
Española Police DepartmentYou have intentionally made false accusations, verbally and in writing (falsification of documents), in an attempt to discredit, provoke, demean, defame, intimidate and/or harass your coworkers and superior officers. You have engaged in aggressive and threatening behavior against your coworkers and superior officers by written statements which you engaged in spreading false accusations against them.
The purpose of this letter is to inform you that your employment at the City of Española is terminated for misconduct (violations of department directives and City policies and procedures).
1.4-B Harassment
Officer Sammy Marquez intentionally raised his voice to garner attention regarding Sergeant Espinoza's alleged propensity for drawing his weapon when in a confrontation. Specifically stating, "look man I know you got a problem with snapping on people and you've got issues, and I don't want those issues to surface now because I can see you are clearly agitated and I just don't want stuff to happen. So you know if we could just keep our gun in our holster" and "whoa, whoa, whoa, hands up don't shoot, keep your gun in the holster, make my copies so I can get out of here." Officer Marquez admitted to Sally Baxter that Sergeant Espinoza never reached, handled or touched his weapon. He explained he made the remarks to warn the Sergeant he was aware of an alleged past. The remarks were unjust, unwarranted, disrespectful, and unprofessional.
City of Española Personnell Policy 8.1-B General Policy
Officer Sammy Marquez intentionally raised his voice to garner attention regarding Sergeant Espinoza's alleged propensity for drawing his weapon when in a confrontation. Specifically stating, "look man I know you got a problem with snapping on people and you've got issues, and I don't want those issues to surface now because I can see you are clearly agitated and I just don't want stuff to happen. So you know if we could just keep our gun in our holster" and "whoa, whoa, whoa, hands up don't shoot, keep your gun in the holster, make my copies so I can get out of here." Officer Marquez admitted to Sally Baxter that Sergeant Espinoza never reached, handled or touched his weapon. He explained he made the remarks to warn the Sergeant he was aware of an alleged past. The remarks were unjust, unwarranted, disrespectful, and unprofessional.
Oath and Canon of Ethics 23.l.13-A2 Insubordination
Officer Sammy Marquez intentionally raised his voice to garner attention regarding Sergeant Espinoza's alleged propensity for drawing his weapon when in a confrontation. Specifically stating, "look man I know you got a problem with snapping on people and you've got issues, and I don't want those issues to surface now because I can see you are clearly agitated and I just don't want stuff to happen. So you know if we could just keep our gun in our holster" and "whoa, whoa, whoa, hands up don't shoot, keep your gun in the holster, make my copies so I can get out of here." Officer Marquez admitted to Sally Baxter that Sergeant Espinoza never reached, handled or touched his weapon. He explained he made the remarks to warn the Sergeant he was aware of an alleged past. The remarks were unjust, unwarranted, disrespectful, and unprofessional.