By Vic Vela
Albuquerque Journal
Four Santa Fe police officers face possible termination, and three others could be suspended stemming from three separate incidents. Two officers could be fired over how they handled an arrest in a Walmart parking lot last year that was captured on police video. Other officers are under scrutiny for drunken driving and for allegedly lying during an internal affairs investigation.
Of the four officers who face firing, three were either previously cleared of wrongdoing through internal affairs investigations, or were originally recommended for other punishment short of being terminated, the Journal has learned.
The contemplated action against the officers has not been finalized, and they will all remain on the force until the city manager’s office makes a determination on their fates. The officers also have a chance to appeal any potential punishment either through the city manager or, afterward, to an arbitrator.
All of the incidents that set off the potential disciplinary actions occurred before interim Chief Ray Rael took over the department in March, succeeding former Chief and current Capt. Aric Wheeler.
In one case, five officers face discipline for how they conducted themselves during a March 16, 2010, take-down of a man on the Walmart parking lot.
The leadership of the Santa Fe police officers union confirmed Thursday that two of the five have been recommended for firing and that three face suspensions. The union objects to the punishments and stresses that the officers were all cleared by an initial internal affairs inquiry.
The two officers from the Walmart incident who face possible termination are Troy Baker and Steve Cosban. Officers Matt Champlin, Daniel Parsons and Joshua Ramirez may be suspended.
Rael said in March of this year that his review “did not support” the conclusion of the original IA investigation of the Walmart arrest that took place before Rael became chief.
On Thursday, Rael would only say that the officers received notices of contemplated action from their supervisory chain of command earlier this week. Rael in March said that he determined that the five officers had violated department policy during the arrest of Michael Schaefer at the Walmart lot on Cerrillos Road.
Police got a call that Schaefer, 38, had created a disturbance at a nearby apartment complex and ended up following a car that he was riding in into the store’s parking lot, according to a police probable cause statement. The police report states that Schaefer had been drinking, was belligerent and had instigated a fight with the cops.
Pol ice dash- cam video recently obtained by the Journal after a public records request shows an exchange of words between Schaefer and the officers before things turn physical. Schaefer was allowed away from the scene and returns, then asks the officers for his wallet and gets it. Schaefer stands among the officers for a moment, and one officer says, “Don’t look at me like you want to fight, because you will not win.” When Schaefer responds with, “I do want to fight,” an officer says, “Oh, you do, really?” and a group of officers surrounds him and takes him down as he shouts for them to stop, the video shows.
Schaefer has since filed a tort claim notice with the city. The potential civil action alleges that Schaefer “was severely assaulted and battered” and sustained “numerous injuries.”
The police report states that Schaefer did suffer a cut on his ear during the take-down, but that while he was in a secure cell at Christus St. Vincent Regional Medical Center, he “voluntarily hit his head on the wall,” which caused more injury to his ear.
Adam Gallegos, vice president of the Santa Fe Police Officer’s Association, criticized the potential discipline of the officers, saying money is motivating the city’s leadership to punish the officers.
“I honestly believe that the city is attempting to hold someone accountable to justify a settlement payout,” Gallegos said. The union has argued before that officers are being disciplined because the city’s legal staff would rather settle claims against the police than defend them.
City Manager Robert Romero said Thursday that the potential civil action brought by Schaefer has not been settled.
Other cases
In a separate case, Officer James Vigil is facing discipline for his DWI arrest. Santa Fe police Capt. Gerald Rivera recently recommended to Rael that Vigil either be suspended or demoted. The Journal has learned that Rael did not agree with the recommendation, so Vigil could end up facing stiffer discipline, including termination.
Vigil was pulled over by a State Police officer in May 2010 on N.M. 599 for failing to maintain his traveling lane, State Police Lt. Eric Garcia said in June. Two breath tests showed that Vigil had a bloodalcohol concentration that was as high as 0.16 percent, which is twice the presumed level of intoxication for a driver in New Mexico.
Vigil was not taken to jail after being pulled over, as is the regular procedure for those arrested for DWI. Instead, he was taken back to State Police headquarters and was released to the care of another Santa Fe officer, who came to pick him up, according to Garcia. Vigil was convicted of DWI in March but has appealed.
The union’s Gallegos said he hoped that Vigil gets treatment equal with that of Lt. Stephen Ryan. Ryan was convicted after a 2009 DWI arrest and lost his police license temporarily, but was later reinstated as the department’s internal affairs investigator when the DWI was dismissed on appeal. Ryan said he failed field sobriety tests because he had a panic attack.
In another case, a crime scene technician faces accusations that he lied during an internal affairs investigation. Both Capt. Rivera and interim Chief Rael have recommended that the officer be terminated.
The disciplinary process for any officer first goes to the chief’s office, where Rael makes his own recommendation to City Manager Romero. Officers have the right to appeal decisions along the way, even after Romero makes a decision, and take the case to an arbitrator.
Romero would not comment on the cases Thursday.
Copyright 2011 Albuquerque Journal