One police officer gave photographs of undercover narcotics agents to drug dealers. Another defrauded his department of gas money by filling up containers at the pump. And another abandoned his post to buy weapons from a concerned citizen wishing to get them off the street.
The disciplinary cases of 24 law enforcement officers came before the Law Enforcement Academy Board during a two-and-a-half hour portion of a meeting March 26 in Santa Fe. Some of the officers appeared before the Board to plead their case and in some instances to offer improbable explanations for their questionable and at times criminal behavior. The 10-member Board meets monthly to discuss matters pertaining to law enforcement administration in the state and hold administrative hearings on officers who have been reported for poor conduct.
Local law enforcement officers facing sanctions at the meeting were Española Police officer Eugene Rodella, who has been on administrative duty since March 2008 after allegations surfaced that he beat his wife, and former Rio Arriba County Sheriff’s deputy Kenneth Martinez, who was fired after multiple excessive-force violations and allegations of fraud were leveled against him.
Rodella, 39, allegedly kicked his wife and punched her in the eye Feb. 23, 2008, in front of their 4-year-old daughter, according to State Police reports. Attorney General’s office prosecutor Matt Jackson explained at the hearing that the turbulent relationship between Rodella and his wife made it difficult to establish evidence in the case. In a meeting with Law Enforcement Academy Board Director Arthur Ortiz, Rodella’s wife admitted that she made false statements, Jackson said.
Rodella did not appear at the hearing, and when the Board asked whether anyone present wished to speak on his behalf, Española Public Safety Chief Julian Gonzales sat silent. Gonzales only approached the podium to speak when asked if he knew why Rodella was previously discharged from the Santa Fe County Sheriff’s Department. He did not.
Jackson also asked Gonzales whether Española Police was conducting an internal investigation into Rodella. He replied that instead of conducting its own investigation, the Department is awaiting a decision from the District Attorney’s office on whether the case will be prosecuted. Assistant District Attorney Jason Montclare did not return calls seeking information on the case.
The Board voted to revoke Rodella’s law enforcement certification for 30 days — much less than he has already been out of the field. Additionally, Rodella will have to serve one year of probation and is required to take anger management and ethics courses, complete an alcohol screening and perform eight hours of community service.
Rodella declined to comment when reached by phone, and threatened to file a report against a reporter for telephone harassment after being called one time. Gonzales refused to discuss Rodella’s status or to speak with a reporter before her deadline.
Acting City Manager Veronica Albin said Rodella will serve a 30-day suspension to coincide with the loss of his certification, and then a decision will be made on his employment status.
Martinez was fired from the Rio Arriba County Sheriff’s Department in 1999 after the County paid a $32,250 settlement for human rights violations because he used excessive force during a traffic stop, according to court documents and his personnel file. Nevertheless, he was re-hired by the same agency in 2007, and fired in January 2008 after excessive force and fraud allegations surfaced from his stint as a Santa Fe Police officer, according to personnel documents.
Martinez never responded to the Board’s notice of contemplated action against him issued in October 2008, nor its January notice of final decision, Jackson said. Martinez’s certification was therefore revoked, and he can never again serve as a state-certified law enforcement officer in New Mexico.
A new quarterly misconduct report drafted by the Board was presented at the meeting, in the interest of preventing the problem of “gypsy cops” such as Martinez who jump from agency to agency without their misconduct being reported. Every quarter, state law enforcement agencies would be required to sign an affidavit stating all officer misconduct at their agency had been reported.
Ortiz cited a case of one officer who worked at over 20 law enforcement agencies, and left each amid allegations of misconduct that were never reported by the agencies.
Ortiz said the Board decided in its executive session to present the draft form to the Sheriff’s Association and Chief’s Association for critique before implementing it. He also said he wouldn’t consider former Española Police officer Emily Montoya, whom the Board also investigated, to be a gypsy cop. In an informal meeting with Ortiz, Montoya satisfactorily explained allegations of threatening behavior against her co-workers at Española Police and her career history — two stints at Española Police and one each at Santa Fe Police Department and Los Alamos Police Department.
Ortiz said Montoya explained she switched departments in pursuit of higher pay, although according to her personnel file, Montoya resigned from the Los Alamos Police Department while disciplinary action was pending against her. Instead of having her certification suspended or revoked, Montoya was merely issued a cautionary letter, Ortiz said.
Meanwhile, uncertified Rio Arriba County Sheriff’s deputy Billy Merrifield has been denied admission to the Law Enforcement Academy, but has appealed to the Attorney General’s office, Ortiz said. Until the formal hearing expected to be held in April is finished, Ortiz cannot comment on the reason for the decision, he said. As a juvenile, Merrifield was charged with numerous crimes including rape, but the court documents are sealed under state law. State Children Youth and Families Department also mandated Merrifield have only supervised visitation with his 7-year-old daughter after he allegedly physically abused her, according to court documents.
Meanwhile, the Board sent a notice of contemplated action March 21 to Española Police officer Jeff B. Martinez has been administrative leave since August 2008 after State Police raided his house and allegedly found naked pictures of juvenile boys.
Martinez has 10 days to respond to the action before the Board will send out a notice of final decision to revoke his certification, Ortiz said. Thirty days after Martinez receives that notice, if he fails to respond, his certification would be revoked.