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News (Media Awareness Project) - US TX: Officer Actions In Drug Raid Probed
Title:US TX: Officer Actions In Drug Raid Probed
Published On:2000-09-30
Source:Laredo Morning Times (TX)
Fetched On:2008-09-03 07:07:03
OFFICER ACTIONS IN DRUG RAID PROBED

A Laredo police officer is under investigation, accused of causing head
injuries to a Veracruz man after he allegedly pistol-whipped the suspect
during a drug raid last April.

Mexican Consul's Alejandro Lopez Bajo, in charge of the Department of
Protection, said the police department's internal affairs division is
investigating the incident.

"We are staying in touch with them every step of the way. We'll see what
they come up with when investigation results are turned over to the
district attorney's office," he said.

Lopez said the victim sustained a two-inch cut to his forehead and other
injuries when the police officer struck him with a gun.

"The victim was handcuffed, lying face down on the ground. That's when this
officer came into the room and began to assault him," Lopez Bajo quoted the
victim as saying.

Lopez Bajo requested that the victim's name not be released because the
officer allegedly threatened him.

The police officer under investigation cannot be identified because formal
charges have not been filed against him.

The Veracruz man illegally crossed from Mexico into Laredo around April 14.
The "coyote" or smuggler left him in a room at a mobile home with the
promise that he would be transported out of Laredo, Lopez Bajo said.

About two to three days later, the Laredo Multi-Agency Task Force raided
the mobile home located in the 1700 block of Gates Street. "Naturally, this
man and several other people were arrested. The officers found drugs at the
place," Lopez Bajo said.

The Multi-Agency Task Force released information on the April drug raid and
the arrest of five suspects.

All were from Mexico and were charged with possession of cocaine, a
second-degree felony.

The news release, however, made no mention that one of the suspects had
sustained injuries during the raid. Mexican officials were not notified.

The 38-year-old victim was provided medical attention and remained at the
Webb County jail for a month before he reported the assault to the Mexican
consul.

Lopez Bajo said the victim was afraid but found the courage to report the
assault while still in jail. He said they found the victim because they
keep an eye on Mexican citizens who are being held in jails. The same
practice takes place all along the border.

"We stay in touch with the inmates to make sure that they are not harmed or
that their court dates are kept, or to see if they are just OK," he said.

Although afraid, the Veracruz inmate filed a criminal complaint against the
officer with the police department, Lopez Bajo said.

"But then things got funny, because suddenly in May we learned that this
man had been released from jail and returned to Mexico," he said. The
Veracruz man and the four other suspects had been jailed under a $200,000 bond.

A check with the Webb County jail indicates that the Veracruz man was
released on bond to Alamo Bail Bonds and then turned over to immigration
officials who deported him.

At Alamo Bail Bonds, a clerk said Thursday afternoon she was going to check
on the Veracruz man's record with the company to see if they could provide
any information. However, the clerk did not call back.

With an ongoing investigation on their hands, the Mexican Consul's office
in Laredo set out to find the victim in Mexico seeking the assistance of
the Departamento de Hacienda.

The Veracruz man was finally found in Mexico City.

"But he did not want to return to Laredo to continue the investigation. We
tried for weeks but he kept saying he was afraid to come back," Lopez said.

The Mexican Consul covered the cost of returning the victim to Laredo.

"(The victim) gave a statement again which was videotaped. He underwent a
lie detector test which he passed and he is ready to testify in court,"
Lopez Bajo said.

While the Mexican consul awaits the completion of the probe, Laredo Police
Dept. Internal Affairs Investigator Cavazos said he is, "putting the
finishing touches on the investigation," but the results will not go to the
DA's office.

"I will turn over the internal affairs investigation to Chief Agustin
Dovalina and Asst. Police Chief Eliodoro Granados. They will decide if it
is taken to the DA's office or it's given to the department's Review
Board," Cavazos said.

The investigator said he could not comment on whether there was also a
criminal investigation underway.

Police internal investigations are normally never turned over to the DA's
office, because it may carry statements the officer made under the Garret
rule, which prohibits the department from using the statements in a
criminal proceeding.

Neither Dovalina nor Granados was available for comment.
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