Deseret Morning News
TOOELE, Utah — Two married Tooele police officers were fired for driving while drunk, playing Twister in uniform while drunk and sexually harassing another couple, according to allegations released this week.
Two letters from Tooele Police Chief Ron Kirby to Lt. Jorge Cholico and his wife, detective Jamie Gutierrez, outline the findings of the police department’s investigation into the couple’s conduct, listing the various policies and codes they allegedly violated.
The heavily redacted letters, obtained by the Deseret News through an open-records request, also accuse the couple of supplying alcohol to and drinking with a minor, and socializing while on duty.
Most of the incidents stem from the couple’s involvement with another couple whom Gutierrez met while responding to a property dispute call, according to the department’s investigation.
Though she was on duty, she stayed at the home for four-and-a-half hours that first night, which the letter states “began a pattern of spending time at the home” while on duty. It was at this same couple’s home where Gutierrez was photographed while allegedly playing Twister drunk, though Gutierrez initially told police investigators that she had never played Twister at the home.
This led to Gutierrez being accused of making false statements during an investigation. Both Gutierrez and Cholico admitted to sexually harassing and making sexually suggestive statements to the couple “because it was funny to watch (name omitted) squirm,” Gutierrez said.
The documents also state that Gutierrez supplied alcohol to a minor, drank while in uniform, threw her beer bottles into the street and also drank while driving. Gutierrez didn’t appeal the decision to fire her, but Cholico did. He allegedly participated in sexual teasing, failed to discipline Gutierrez when she was driving and in public while intoxicated and provided a ride to a woman from a bar in his police car in violation of department policy.
Following his appeal, he was allowed to resign. Both were also accused of engaging in unprofessional conduct involving inappropriate activity with a married couple that has “created a disruption within the community and within the department,” the chief’s letter states. The pair was first notified of the termination in June, following an investigation that was concluded in March.
Tooele city attorney Roger Baker said the involvement between the two couples took place “over a period of years.” While this case is unique, Baker said it wasn’t the only one he’s ever dealt with. “The allegations were quite serious, but I’ve dealt with serious allegations for a very long time,” he said. “It’s always disappointing and sometimes heart-wrenching.” Baker said no further action will be taken in Tooele regarding the case.
He said there are no plans for any criminal action or to forward to the case to the Tooele County attorney. The police department’s investigation didn’t produce “sufficient evidence” to warrant criminal charges, he said. Calls to Tooele Police Lt. Paul Wimmer, who was involved in the investigation, were not returned Thursday and attempts by the Deseret News to locate either Cholico or Gutierrez were unsuccessful.
Peace Officer Standards and Training spokesman Cameron Roden said the group has completed an investigation into the incidents that led to the termination of Cholico and Gutierrez and is not planning to pursue the issue further. “They have issued a letter of warning, but that’s not considered taking action,” Roden said.
Copyright 2009 Deseret Morning News