SUMMARY of COMPLAINT:
On March 30th, 2016, Corporal Aguiar brought a situation to light by writing a memorandum to his supervisor, Sergeant O’Malley. The memorandum documented Officer Flores’s recent contact with Martha Vazquez during a call for service on 3-29-16. Corporal Aguiar was concerned with the behavior that Flores had displayed while handling the call for service.
INVESTIGATION:
I was contacted by Deputy Chief Mike Olivieri on April 19th and called to a meeting in regards to a memorandum written by Corporal Aguiar. The memorandum was in regard to the behavior exhibited by Officer Flores and a possible insubordination of an order issued by Corporal Aguiar to Officer Flores. I met with Deputy Chief Olivieri and Captain Guzek and briefed as to the circumstances behind the incident and directed to begin an investigation into the matter. I was given copies of two memorandums, one written by Corporal Aguiar and another written by Corporal Scheppmann. Both of them were in regards to Officer Flores.
SUMMARY OF INTERVIEW WITH MARTHA VAZQUEZ:
I conducted an interview of Martha Vazquez on May 21, 2016 at 1840 hours. The interview took place at 1393 S. Palomares Street. The interview was digitally recorded. and a copy of the interview will be kept in the Internal Affairs office for future reference. The following is a summary of the recorded interview of Martha Vazquez:
Martha Vasquez and I began by discussing the reason the police responded to her residence on 3/29/16. Vasquez stated that her husband and she had been involved in a verbal dispute and that she had been drinking alcohol heavily. Vasquez stated that she vaguely recalls the incident, but that she recalls Officer Flores conducting herself in a professional and caring manner during her encounter with her. When I asked her if she recalled the presence of another officer at the scene, she said possibly but that she couldn’t be sure.
Vasquez additionally stated that she has had numerous encounters with Officer Flores in the past all related to domestic disturbances. During each contact with Officer Flores, Vasquez stated that Officer Flores had professional.
SUMMARY OF INTERVIEW WITH AGUSTIN MOISES:
I conducted an interview of Agustin Moises on May 21, 2016 at 1846 hours. The interview took place at 1393 S. Palomares Street. The interview was digitally recorded and a copy of the interview will be kept in the Internal Affairs office for future reference. The following is a summary of the recorded interview of Agustin Moises:
Agustin Moises and I began by discussing the reason the police responded to his residence on 3/29/16. Moises stated that he wife and him had been involved in a verbal dispute and that his wife had been drinking alcohol heavily. Moises stated that he recalls the incident but that he recalls Officer Flores conducting herself in a professional and caring manner during her encounter with him. When I asked him if he recalled the presence of another officer at the scene, he replied that a male officer was present at the scene.
When I asked him what that officer had done while at the scene and he stated that the male officer did not do much and that to him it appeared that Officer Flores had been in charge.
Moises additionally stated that he has had numerous encounters with Officer Flores in the past all related to domestic disturbances. During each contact with Officer Flores, Moises stated that Officer Flores was always professional.
SUMMARY OF INTERVIEW WITH CORPORAL ROBERT SCHEPPMANN:
I conducted an interview of Corporal Robert Scheppmann on May 29, 2016 at approximately 2235 hours. The interview took place in the Pomona Police Watch Commanders Office. The interview was digitally recorded and a copy of the interview will be kept in the Internal Affairs office for future reference. The following is a summary of the recorded interview of Corporal Robert Scheppmann:
Corporal Scheppmann and I began by discussing, his assignment on 3/29/16. Scheppmann stated that on that date he was working uniformed patrol assigned a supervisory field unit Sam 5. At approximately 2125 hours he responded to assist unit who were at the scene of a domestic disturbance. He stated that while at the location Officer Flores responded to the location and assisted with the investigation. Once Flores was done assisting she asked to speak with him regarding an incident that had taken place at that location with Corporal Aguiar.
Scheppmann stated that Officer Flores told him that Corporal Aguiar and she had responded to the 1393 S. Palomares earlier in the day in regard to a 415 family call for service. Flores additionally told him that it was her intent to place the heavily intoxicated woman under arrest for public intoxication. However, she was prevented from doing so because Corporal Aguiar had advised her not to arrest the lady for public intoxication because it did not meet the criteria. Corporal Aguiar felt that he had observed her coax the female outdoors, which would invalidate the arrest.
Scheppmann stated that Flores told him that because of the continual problem that the location had become that he she felt that officers would continue responding to the location until something was done. This concluded his conversation with Officer Flores.
Scheppmann additionally stated that prior to the above contact with Officer Flores, Corporal Aguiar had contacted him. During this contact Corporal Aguiar mentioned to him that Officer Flores had asked the heavily intoxicated female to step outside and guided her outside of the residence. Once outside of the residence, he observed that the woman was in handcuffs and that he prevented Officer Flores from taking the women to jail for public intoxication by ordering her not to.
SUMMARY OF INTERVIEW WITH CORPORAL RICHARD AGUIAR:
I conducted an interview of Corporal Rick Aguiar on June 6, 2016 at 2135 hours. The interview took place in the Pomona Police Watch Commanders Office with Lieutenant Rilloraza present. The interview was digitally recorded and a copy of the interview will be kept in the Internal Affairs office for future reference. The following is a summary of the recorded interview of Corporal Richard Aguiar:
Corporal Aguiar and I began by discussing how he arrived at 1393 S. Palomares Street on 3/29/16. He told me that on 3/29/16 he was working uniformed patrol assigned to unit A33. During his shift Corporal Aguiar responded to the above listed location after being dispatched to the location along with Officer Ruth Flores who was assigned as unit A54. The comments about the call which he recalled indicated that a female occupant of the residence was intoxicated.
Upon arrival at the location Aguiar, stated that he assumed the role of back-up officer since the call was in Beat 4. Once at the front door to the location they made contact with obviously intoxicated female and sober male subjects. Both subjects spoke only Spanish so Corporal Aguiar stated that Officer Ruth Flores was doing all the communicating due to her ability to speak Spanish fluently.
Corporal Aguiar saw Officer Flores speak with Witness Moises and obtain his statement as to what had taken place. He observed her begin to interview Witness Vasquez, who appeared to be heavily intoxicated. As Officer Flores was speaking with Witness Vasquez he heard Officer Flores ask Witness Vasquez “what was that, you want to talk to me outside”. He then saw Officer Flores guide Witness Vasquez outside of the residence, but still in his line of sight. Corporal Aguiar remained inside the location keeping an eye on Witness Moises. Within seconds of Officer Flores and Witness Vasquez being outside Corporal Aguiar heard the ratcheting of handcuffs outside. Corporal Aguiar looked in the direction of Officer Flores and saw her attempting to double lock the handcuffs which she had placed on Witness Vasquez.
Corporal Aguiar then approached Officer Flores and asked her “What are you doing?” He stated that Officer Flores replied “If I don’t take her you know we will be back later on.” Corporal Aguiar responded by saying “You can’t do that; you need to take those cuffs off.” He told her this because Officer Flores was arresting Witness Vasquez for being drunk in public when she was only in public because Officer Flores coaxed her into going outside. Corporal Aguiar then ordered Officer Flores to remove the handcuffs due to what he believed taking place was an unlawful arrest. He stated that once he told her this, that she appeared visibly angry due to her facial expressions. Corporal Aguiar saw Officer Flores remove the handcuffs and walked Witness Vasquez back into the house.
Corporal Aguiar stated that Officer Flores appeared to be frustrated with the outcome and began walking to her vehicle after completing her investigation. Prior to reaching her police vehicle, Corporal Aguiar stated he caught up to Officer Flores and told her “You can’t do that. You can’t ask someone to step out of their and arrest them for F”. He stated that she replied “I wasn’t taking her for F” and he replied “you double locked the handcuffs”. Corporal Aguiar stated that Officer Flores ten threw her hands in the air in a gesture of frustration and went to her vehicle and drove away. This concluded my interview with Corporal Aguiar.
SUMMARY OF INTERVIEW WITH RUTH FLORES:
On July 12, 2016 at approximately 1910 hours, I conducted an interview of Officer Ruth Flores. The interview took place in the Conference Room located in the basement of the Pomona Police Department. Also present for the interview was Corporal Brad Paulson is acting as a representative for Officer Flores. The interview was digitally recorded and a copy of the interview will be kept in the Internal Affairs office for future reference. The following is a summary of the recorded interview of Officer Ruth Flores:
Officer Flores and I began by discussing how it was that she arrived at the location. She states that on March 29, 2016 she was dispatched to 1393 S. Palomares Street in the City of Pomona in regards to a family dispute. Dispatched to the same call with her was Corporal Rick Aguiar, who was assigned to patrol unit A33 on this day. She arrived at the location before Corporal Aguiar. Once he arrived she informed him that she had been to the location on previous occasions, to which he did not respond. Both of them looked at each but did not speak and began to approach the location. Once both officers arrived at the front door, Officer Flores stated that she began to speak with the Witness Moises and Vazquez in Spanish.
She added that she was familiar with this particular family and had responded to other calls for service at the same location. She states that both subjects kept trying to speak over one another at which time she decided to ask Witness Vazquez to step outside in order to separate her from Witness Moises. Witness Vazquez followed Officer Flores outside where they began to speak. While they were outside speaking Witness Vazquez became agitated and began flailing her arms in the air.
For safety reasons at this time Officer Flores stated she handcuffed Witness Vazquez. Officer stated that once Corporal Aguiar saw that Witness Vazquez had been placed in handcuffs that he approached her and told her to remove the handcuffs. Officer Flores paused briefly and was state she was about to explain to Corporal Aguiar the reason she placed Witness Vazquez in handcuffs. Prior to her having the opportunity to say anything Corporal Aguiar once again told her to remove the handcuffs. Officer Flores stated she found herself trying to hear what Witness Vazquez and Corporal Aguiar were saying to her at the same time.
Corporal Aguiar again told Officer Flores to remove the handcuffs and Officer Flores began to do so. Officer Flores stated she planned on sharing with Corporal Aguiar the reason for handcuffing Witness Vazquez however, she did not have a chance and felt that she was being ordered to do so and complied. Officer Flores stated that she then removed the handcuffs from Witness Vazquez. She state that once Witness Vazquez was uncuffed that Corporal Aguiar walked to his vehicle and left the location. Officer Flores additionally stated that she did not intend to arrest Witness Vazquez and handcuffed her for safety reasons only and never had a chance to explain this to Corporal Aguiar during the call.
FINDINGS OFFICER RUTH FLORES:
ALLEGATION #1: 340.5.1 (c) Laws, Rules and Orders: Violation of federal, state, local or administrative laws, rules or regulations
Based upon the facts discovered during this investigation and a preponderance of the known evidence, I find this allegation; UNFOUNDED.
ALLEGATION #2: 340.5.9 (f) Conduct: Discourteous, disrespectful or discriminatory treatment of any member of this department or the City
Based upon the facts discovered during this investigation and a preponderance of the known evidence, I find this allegation; UNFOUNDED.
Respectfully Submitted,
Manny Ramos, Sergeant