KIIITV News
May 16, 2008
3 News has learned that a high-ranking Corpus Christi Police officer has filed a whistle blower lawsuit against the city.
An attorney for Corpus Christi Police Commander David Torres' filed the suit late Thursday in County Court at Law #4 pointing an accusing finger at Corpus Christi Police Chief Bryan Smith.
From the impound lot scandal, to the Mauricio Celis Affair, to allegations of discrimination, this lawsuit involves a lot of key players at the Corpus Christi Police Department.
David Torres, in charge of the department's Criminal Investigation Division, is a long time veteran of the Corpus Christi Police Department.
The editor of 'We The People', John Kelly, first tipped us off to this story.
The 9 page lawsuit includes mentions of the impound lot scandal in which three Corpus Christi Police Officers were either fired or reprimanded last year amid allegations of wrong-doing at the city's impound lot.
In the suit, Commander Torres claims he became a suspect in April of this year after he underwent what Torres calls a blatantly inconsistent polygraph test connected to the case.
Here is some of what's written in the lawsuit:
"On April 22, 2008 Senior Officer Larry Serna conducted a polygraph examination of Plaintiff. According to Senior Officer Larry Serna, the polygraph examination of Plaintiff allegedly resulted in a finding of "deception Indicated" regarding three (3) areas of inquiry-(1) Did Plaintiff have knowledge that police officers were purchasing vehicles through the police impound lot prior to May 16, 2007; (2) Was Plaintiff being truthful to Internal Affairs during Plaintiff's two interviews and (3) Did Plaintiff have knowledge that Captain Jay Vesely had purchased a vehicle through the police impound lot prior to May 16, 2007. Plaintiff demanded a second polygraph from Chief of Police Bryan P. Smith, especially since the examination revealed "no Deception Indicated" regarding Plaintiff's assertion that he initially received the police vehicle impound information from Assistant District Attorney Jack Pulcher. Although the findings were blatantly inconsistent, Chief of Police Bryan P. Smith nevertheless denied Plaintiff's request and refused to allow a second polygraph examination.
"On April 23, 2008, Chief of Police Bryan P. Smith issued Plaintiff a letter of Contemplated Disciplinary Action in the form of Termination of Employment, stating in part that "honesty and integrity are paramount in the law enforcement profession." This contemplated Letter of Termination was essentially based on statements made by persons who committed criminal acts and on polygraph examinations allegedly revealing inconsistent findings. In addition, the Internal Affairs' file did not contain any interviews of vital witnesses that would prove that Assistant District Attorney Jack Pulcher, Captain Jay Vesely, Lieutenant Weldon L. Weber and Senior Officer Martin Jasso were not being truthful. It was patently obvious that the investigation by Chief of Police Bryan P. Smith and Internal Affairs was specifically intended to culminate in a predetermined conclusion-Plaintiff's guilt."
The second part of this lawsuit, involves embattled businessman Mauricio Celis.
The suit reads:
"On or about January 18, 2007, Detective Jason T. Smith and Plaintiff, who were investigating a sexual assault case, were ordered to meet with Assistant Chief Ken Bung and Chief of Police Bryan P. Smith. Detective Jason T. Smith and Plaintiff were told that a "high powered" attorney was going to handle the sexual assault case civilly and that they should terminated the criminal investigation. Plaintiff inquired as to the name of the "high powered" attorney. Although the Chief of Police Bryan P. Smith refused to identify the "high powered" attorney, the sexual assault victim later identified her lawyer as Mauricio Celis. At a later time, Plaintiff called Chief of Police Bryan P. Smith about his concerns about this meeting."
Another incident involving Mauricio Celis is mentioned in the suit, where Celis is alleged to have impersonated a sheriff's deputy in September of 2007.
"On or about September 17, 2007, Captain Paul Rivera from the Nueces County Sheriff's office contacted Plaintiff inquiring why only a contact report (verses a police report) was made regarding an incident involving someone that may have been impersonating a Nueces County Sheriff's deputy. The individuals involved were Damon Bentley and Mauricio Celis. Not knowing what Captain Rivera was referring to , made inquiries and determined that Lieutenant Michael Markle was the supervisor involved in the incident. Plaintiff ordered Lieutenant Michael Markle to write a report of the incident. Plaintiff then called Chief of Police Bryan P. Smith to inform him of the situation. Chief of Police Bryan P. Smith became agitated and asked Plaintiff why the Police Department had to be involved in the matter. Plaintiff told the Chief that since the Nueces County Sheriff's Department was investigating the matter and Corpus Christi Police Officers were involved in the incident a few nights before, a report was mandatory."
Torres also questions why no investigation was initiated in a 2004 incident, involving Mauricio Celis for allegedly impersonating a police officer.
"On or about October 2007, Lieutenant Jason Brady informed Captain Robert Bridge that in 2004 he initiated an investigation of a person named Mauricio Celis for allegedly impersonating a police officer. He informed Captain Bridge that he notified Captain John Moseley (now a Commander) of his investigation of Mauricio Celis. On at least two different occasions Plaintiff reported to Chief of Police Bryan P. Smith that an investigation should be commenced to determine why the then supervisors, Captain (now Commander) John Moseley and Commander Mike Walsh failed to pursue the investigation involving Mauricio Celis. In fact, Plaintiff, who was on Absent Leave, ordered Captain Robert Bridge to inquire of Chief of Police Bryan P. Smith as to the status of the investigation of Commanders John Moseley and Mike Walsh regarding this matter. No investigation was initiated."
As 3 News reported, a possible piece of evidence connected to that case, a January 2004 recording of Celis, made by Corpus Christi Police, in which he reportedly claimed he was a licensed reserve deputy sheriff, was destroyed September 28Th 2007. That's the same day when Thomas J. Henry first appeared on our airwaves in a commercial denouncing Celis as a fraud.
The next issues Torres raises is the promotion of officers. Torres raises questions of favoritism, and discrimination.
"On or about November, 2006, there were three (3) openings for lieutenant in the Criminal Investigation Division. Plaintiff, as Commander of the Criminal Investigation Division, was responsible for filling these positions. Assistant Chief of Police Ken Bung gave Plaintiff a list of four (4) lieutenants, stating that these individuals should be the ones considered for the positions. It was apparent that these individuals were friends of Assistant Chief Ken Bung. Plaintiff reported to Chief of Police Bryan P. Smith that the list provided by Assistant Chief Ken Bung consisted of only Anglo officers and was discriminatory. Plaintiff told Chief of Police Bryan P. Smith that he could not accept the recommendations."
"On or about September of 2007, there was as opening for a temporary detective position in the Criminal Investigation Division. Commander Brian Uhler gave Plaintiff a list of six (6) "deserving" individuals for consideration to the position of detective. When asked by Plaintiff why he could not find at least one non-Anglo "deserving" individual for consideration, Commander Brian Uhler immediately contacted Chief of Police Bryan P. Smith to complain about Plaintiff's position regarding his recommendation. Plaintiff complained to Chief of Police Bryan P. Smith about the recommendations submitted by Brian Ulher. Thereafter, Plaintiff was subjected to a hostile working environment for not acquiescing to Assistant chief Ken Bung and Commander Brian Uhler's recommendations.
We tried to contact all the parties involved,including Chief Smith, but as of news time they had not returned our calls.
