Attorney Explains Whistle Blower Lawsuit against the City

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Richard Longoria

May 19, 2008

We're learning more about the lawsuit filed against the City of Corpus Christi by a high ranking Corpus Christi Police Officer.

As we first told you last week, an attorney for Corpus Christi Police Commander David Torres filed the suit late Thursday. In the suit, Torres claims he is a target for being a whistle blower because he raised questions about discrimination, and other reportedly questionable activity with-in the police department.

"He's reported violation of law concerning the police impound lot," said Torres' attorney, Rene Rodriguez. "He's complained about other investigations that have occurred or not occurred at the police department and as a result, they decided to retaliate against him."

In late April, Torres was given a letter of reprimand from the police chief. But, Rodriguez says not before Chief Smith threatened to fire, demote, transfer, or suspend Commander Torres.

According to Rodriguez, Torres first got a Contemplated Disciplinary Action letter on April 23rd.

Chief Smith wrote: "Honesty and integrity are paramount in the law enforcement profession. Untruthfulness in a sworn statement taken in official investigation will not be tolerated by the Corpus Christi Police Department."

The letter had to do with Commander Torres' handling of the police department's impound lot investigation.

Last year, 3 Corpus Christi Police Officers were either fired or reprimanded amid allegations of wrong-doing at the city's impound lot.

"They brought him in on some false charges," said Rodriquez when we asked what kind of retaliation he thought Torres' was subjected to.

Rodriguez tells 3 news that on April 25th, Torres along with the Police Officers' Association President, Domingo Ibarra, met with Chief Smith where Torres was asked what his response was to the allegations made against him.

According to Rodriguez, Torres told the police chief the allegations were false and an obvious set up. Torres reportedly declined something called alternative discipline in which the chief decides your punishment. According to Rodriguez, Torres was given a choice to retire or to be terminated. Rodriguez says Torres refused to retire, and that later the chief pulled out a letter in which Commander Torres would be demoted to a captain's position in patrol, working under Commander J.V. Garcia, and suspending him for 240 hours. But, Rodriguez says that letter never made it back into the hands of his client.   Instead Rodriguez says Chief Smith told Torres and Police Union President Ibarra he first needed to talk to city legal about the letter, and took the document back. Later, Rodriguez says Torres returned receiving just a letter of reprimand, but one that was dated April 23rd, the same day he received the initial Contemplated Disciplinary Action

In a letter of reprimand, Chief Smith wrote: "Actions can only be perceived as a lack of investigative integrity and attempts to make the investigation culminate in a pre-determined conclusion."

"They said you're fired, retire, you're demoted, to captain, you're suspended you're transferred. They did all that, and then they ended up with a letter of reprimand, what I think they were doing was bluffing, hoping that he would quit," said Rodriguez.

Monday, Chief Smith referred all questions about this case to the city's legal department. We spoke to Corpus Christi City Attorney Mary Kay Fischer Monday afternoon by phone, she says the city plans to defend this case strongly.

 

 

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