A former Orange County sheriff’s deputy fired in 2018 for discarding meth and other evidence in an office trash can must be rehired without back pay, according to a confidential arbitration decision.
Arbitrator Catherine Harris ruled Dec. 3 that termination was too severe for ex-Deputy Randolph Torres, who threw out a gram of methamphetamine in a Ziploc bag, syringes, a replica gun and other criminal evidence out of fear he would be caught by an internal audit into whether evidence was being properly booked, said the document obtained by Southern California News Group.
In an interview with sheriff’s investigators, Torres said “he threw away the items because he did not know how he was going to explain holding on to methamphetamine.”
The items were discovered by inmate-workers screening the trash from a Lake Forest sheriff’s station. Torres also failed to book a cellphone taken from a suspect in a firearms case, saying he planned to show an investigator the phone’s contact list. No criminal charges have been filed against Torres, a 14-year veteran hired in 2004.
Torres’ behavior was “unjustified and egregious misconduct that warrants severe disciplinary action but termination is an excessive penalty,” Harris wrote. She cited Torres’ truthfulness and contriteness during an internal investigation as well as his past commendations as a “competent, hard-working and resourceful deputy.” He will lose an estimated $480,000 in salary and benefits for the two years since his firing in December 2019.
Harris also noted that other offenders were accused of severe misconduct, but not terminated. The Southern California News Group has reported on one offender who was promoted to sergeant after he was caught mishandling evidence.
Firing defended
Sheriff’s spokeswoman Carrie Braun said the department stands by its decision to fire Torres and was not party to the agreement made by Orange County to go into binding arbitration
However, Braun added, “In review of the arbitration award, it was clear the arbitrator agreed with our assessment that the misconduct was extremely serious, however, she inexplicably ordered reinstatement. We respect the due process rights of employees and will begin the necessary steps to transition Deputy Torres back into the department. The transition period will include review of all department policies and emphasis on the importance of evidence booking procedures.”
Torres’ case was part of three audits initiated in 2018 by Sheriff Don Barnes and later by District Attorney Todd Spitzer that showed deputies were systemically failing to book evidence in a timely manner, if at all. The sheriff’s main audit shows that nearly one-third of the evidence collected by deputies in the study period from February 2016 to February 2018 was booked late or not at all. The study showed that 300 items were booked 30 days or more late.
Further investigation found that dozens of official police reports were falsified to make it appear evidence was filed when it was not. Prosecutors ended up dropping or reducing charges in 67 criminal cases because of the evidence problems. The investigation is continuing.
3 deputies convicted
Three deputies have been convicted of falsifying their reports in the evidence scandal, but none was given jail time or even community service by the judges.
Arbitration documents show Torres admitted to investigators that he jettisoned the methamphetamine and other evidence in a panic after he learned about the department audit. He was busted when the items — including envelopes emblazoned with the case number — landed in the hands of inmates, who turned them over to deputies.
Investigators later found the cellphone in a manila envelope at the bottom of Torres’ “war bag” in the trunk of his personal car.
Torres’ official report falsely indicates he booked a meth pipe and drugs into evidence. There is no mention of the replica gun or other items in the report. The ruling says the mishandling of evidence did not “negatively affect the prosecution” in the main case, which was primarily auto theft. The mishandling of the cellphone had no effect on the prosecution in a firearm case, the ruling said.
In Torres’ situation, sheriff’s officials said in a December 2019 termination letter that he could no longer be trusted and “OCSD could not tolerate the legal risks.”
Disparate treatment
But the ruling noted disparate treatment in at least two cases, one in which a deputy received sexual text messages and photos from an informant, illegally recorded prosecutors and failed to book 67 recordings from informants and witnesses. He received a 120-day suspension, not termination, the ruling noted.
Another deputy had a sexual relationship with a citizen he met on duty and used the department computers to gather information on her. He also was considered untruthful with investigators. He received a 160-hour suspension, and wasn’t fired.
The Southern California News Group found one former deputy, Phillip Avalos — one of the worst offenders in the evidence scandal — was promoted to sergeant and assigned to the Stanton substation.
More than 90 percent of the drugs, weapons and other property seized by Avalos in 51 cases for the gang enforcement team was booked late or not at all, according to court documents filed in March 2020 by Assistant Public Defender Scott Sanders.
Source: Orange County Register
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