Sheriff: Not firing deputy ‘biggest’ mistake

EDINBURG — He now calls it the biggest mistake of his law enforcement career.

Two months after Hidalgo County Sheriff Lupe Treviño decided not to fire a deputy who tested positive for marijuana use, he says he knows when to admit an error in judgment and has taken steps to make sure it never happens again.

“In my 35-year career, I have never made such a big mistake — the biggest mistake, the grand-daddy of mistakes,” he said.

“I will never, never, never make that mistake again.”

A complete revision of the rules that govern deputy conduct, finalized May 30, now includes a zero-tolerance policy of “automatic and mandatory termination” for positive results on drug screenings.

“Now, they have a guidebook that can be easily understood,” he said. “We have to do this to maintain the public’s trust.”

Treviño’s decision to temporarily suspend rather than fire Deputy Jeff Contreras after an April 6 drug test ignited the fury of a small group of current and former deputies.

Even after Contreras’ termination a month later, the sheriff’s detractors continued to accuse him of playing favorites with political allies and ushering in an era of “moral decline” within the sheriff’s office.

They cited examples such as former deputy Rene Fuentes Jr., who was arrested on April 27 by federal agents for allegedly buying weapons under false pretenses. They also pointed out E. Manuel Sanchez, who resigned from the office in January after Georgia State Police discovered nearly $1 million in his car during a routine traffic stop.

Posting anonymous message board comments at www.themonitor.com, the deputies called on the sheriff to weed out several “bad apples” who had attained prominent positions within the department.

Almost immediately, the sheriff snapped back, saying he had been consistent in his disciplinary policy and accusing the dissenting deputies of spreading rumors and even outright lies.

Even now, Treviño predicts the stricter drug policy will draw cries of victory from the disgruntled group.

“I’ll bet that they’re going to accuse me of caving,” he said.

“But I still believe most of the county believes in the job that I’m doing.”

‘I should have fired him’

Since Treviño took office in January 2005, nine deputies and five detention officers have been fired or resigned in the course of investigations into possible criminal activity.

Seven of them have come in the last 11 months, according to sheriff’s office records.

But several more have been given second chances after arrests for lesser offenses such as driving while intoxicated or minor assault. In each instance, the deputies admitted their mistake and offered promises to never mess up again, Treviño said.

“I consider myself a really strict disciplinarian — but one with compassion,” he said in a May interview.

In Deputy Contreras’ case, though, that compassion got the better of him.

On April 6, the deputy hit another car while on duty near Edcouch, according to an incident report filed with the sheriff’s office.

An investigation into the wreck determined Contreras was not at fault, but he voluntarily submitted to a drug test required after all on-duty accidents.

The results indicated the deputy had smoked marijuana in the recent past, but did not show he was intoxicated during the collision.

The sheriff decided to suspend Contreras for three weeks without pay and ordered him to undergo substance abuse counseling, according to records contained in the deputy’s public civil service file.

That file also includes several prior infractions during two separate tenures with the sheriff’s office.

Among them incidents under the command of former Sheriff Enrique “Henry” Escalon, including:

- A separate on-duty wreck in March 1999 that killed a passenger in another vehicle. The Texas Department of Public Safety faulted Contreras for failing to yield the right of way and inattentive driving, but he was not indicted on any charges.

- A 2000 confrontation between the deputy and a sergeant who accused him of showing up to work drunk. Escalon fired Contreras after he refused to take an alcohol test.

Contreras rejoined the sheriff’s office in 2005 and until the positive drug test had been a model employee, Treviño said.

But the sheriff ended up firing Contreras more than a month ago, after he allegedly threatened fellow deputies during an argument over his suspension.

Treviño now blames his initial leniency on respect for the deputy’s past achievements and concern for his family.

“I should have fired him as soon as he tested positive,” Treviño said.

“But I lost sight because of Jeff’s four daughters. He loses his job, he loses everything.”

Phone calls this week to a number listed in Contreras’ civil service file were not returned.

25 years behind

Although the debacle inspired the new zero-tolerance drug policy, an overhaul of the deputy handbook has been underway for years, the sheriff said.

“In order to professionalize an organization, you have to set a standard,” he said. “And the old book was about 25 years behind industry standards.”

There is no state-wide consensus among law enforcement agencies on whether zero-tolerance policies work in the best interest of the state’s sheriff’s offices, said Steve Westbrook, head of the Sheriff’s Association of Texas.

“The sheriff is elected by the citizens and it’s really his office,” he said. “He can handle it any way he wants.”

Escalon instituted a zero-tolerance policy on positive drug and alcohol tests during his tenure as sheriff, but Treviño said he overturned both upon taking office.

Even so, the sheriff says he’s not quite ready to give up on compassionate discipline for other offences.

“There’s no book in the world that’s able to cover everything that could possibly happen,” he said.

“That’s why God gave us discretion.”

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Jeremy Roebuck covers law enforcement and general assignments for The Monitor. You can reach him at (956) 683-4437.