Tuesday, September 25, 2012
Quartzsite Town Council puts Police Chief Jeff Gilbert back in!
Despite being under a current investigation by the Arizona Department of Public Safety for drawing a weapon on resident John Jones, all members of the town council except Patricia Workman voted to reinstate scandal plagued Police Chief Jeff Gilbert to his position as acting Police Chief. The move came after an extensive executive session with attorneys for the Town in the Ed Foster special action, and a new conflict attorney hired by the interim town manager.
They also voted (Workman opposed), that Councilwoman Patricia Anderson would be the meeting chair, and Councilman Mike Jewitt would be the vice chair, thus eliminating the possibility that Mayore Ed Foster will run the meeting when he is seated.
Prior to reconvening the meeting, the Town was served wth federal lawsuits by residents Michael Roth, and Jennifer Jones, as well as a new Notice Of Claim for running Jones name through the ACJIS background check without probable cause or related to an investigation. Jones husband John also served the town with a Notice of Claim for the same practice.
It is expected that more lawsuits will follow.
Monday, September 24, 2012
Voter Fraud Investigation results
At 9 am this morning, the Town of Quartzsite posted this to their website
http://www.ci.quartzsite.az.us/Support%20Docs/Voter%20Fraud%20Exe%20Sum%201.html
and at 9:01
http://www.ci.quartzsite.az.us/Support%20Docs/Voter%20Fraud%20Exe%20Sum%202.html
Over 70,000 was spend on this unauthorized investigation, which revealed that there was no prosecutable voter fraud.
http://www.ci.quartzsite.az.us/Support%20Docs/Voter%20Fraud%20Exe%20Sum%201.html
and at 9:01
http://www.ci.quartzsite.az.us/Support%20Docs/Voter%20Fraud%20Exe%20Sum%202.html
Over 70,000 was spend on this unauthorized investigation, which revealed that there was no prosecutable voter fraud.
Saturday, September 22, 2012
DPS report exposes Police Chief Jeff Gilbert
|
2.
Sergeant Fabiola Garcia, #Q42
3.
Sergeant James Schultz, #Q20
4.
Officer Stephen Frakes, #Q21
5.
Officer Michelle Norris, #Q25
6.
Officer Heriberto Dominguez, #Q34
7.
Officer James Kemp, #Q35
8.
Officer Felipe Rodriguez, #Q36
9.
Officer Alejandro Ruvalcaba, #Q40
10.
Reserve Officer Candi Conley, #Q44
11.
Police Assistant Linda Conley
Town of
Quartzsite
465 North Plymouth
Avenue
Quartzsite, Arizona
85346
(928)
927-4333
1.
Town Manager, Alexandra Taft
Investigator
List
Arizona Department
of Public Safety
Special
Investigations Unit
2339 North
20th Avenue
Phoenix, Arizona
85005
(602)
223-2110
1.
Detective Peter White, #4932; Lead Detective
2.
Detective Ron Baroldy, #4767; Assisted with interviews
3.
Detective Jennifer Borquez, #6138; Assisted with interviews
4.
Detective Jeff Brown, #4878; Assisted with interviews
Initial
Conditions
During the first
week of May 2011, Quartzsite Police Department (QPD) Chief Jeffery Gilbert, #Q1,
asked QPD Police Assistant Linda Conley to gather all offense reports pertaining
to Jennifer Jones and John Jones for the Insurance Pool. Linda
Conley discovered there had been numerous Arizona Criminal Justice Information
System (ACJIS) checks on Jennifer Jones and John Jones. Linda
Conley requested an ACJIS Log Scan from January 2008 until May of 2011.
During Linda Conley’s review of the log scan she found out there were 263
ACJIS checks on John Jones in a two year period, 109 ACJIS checks on Jennifer
Jones in a two year period and 58 ACJIS checks on Russell Sias in a 2 year
period.
On May 10, 2011,
members of the Quartzite Police Officers Association (QPOA) composed a letter
with allegations of misconduct by Gilbert.
On May 11, 2011, the
letter was hand delivered to Arizona Peace Officer Standards and Training
(AZPOST) requesting an investigation. The letter outlined some of
the following allegations against Gilbert:
· White-out of the
town manager’s signature on their leave request forms, giving the appearance the
town manager had not previously approved the initial request
· Violating medical
privacy acts under federal law
· Uses his authority
as the Chief to intimidate both officers and members of the community if they
disagree with his methodology and political affiliation
· Gilbert uses, or
orders members of the department to use the National Crime Information Computer
to find dirt on political candidates or citizens supporting candidates the Chief
dislikes
· Friends of the Chief
who have warrants for their arrests are not placed in custody
· Officers are ordered
to make traffic stops and arrest or cite citizens who the Chief believes are
against him
· Disciplines members
of the department he deems are unfit in front of others
· Promotes those who
are loyal/friends of his in violation of department/human resource rules and
policies
On May 20, 2011, QPD
Officer Ruben Villafana, #Q37, had a meeting with Gilbert. Villafana felt
Gilbert threatened him with his job if he did not with draw his statements
against Gilbert.
Around June 2, 2011,
QPD Officer Herlen Yeomans, #Q38, had an administrative interview regarding the
issues alleged in the officers complaints. Yeomans stated prior to
his interview he felt QPD Sergeant Xavier Frausto, #Q15, threatened him in an
attempt to change his testimony before the interviewers.
An undated letter
was composed by Mayor Ed Foster, addressed to Alex Taft, Quartzsite Town
Manager, and was received by the Quartzsite Town Manager’s office
on June 3, 2011. Mayor Foster letter indicated he became aware
Frausto threatened Yeomans prior to Yeomans’s testimony and prior to the
administrative investigation.
Notification
Mayor Foster
composed an undated letter to the Arizona Department of Public Safety (DPS)
requesting DPS to conduct a criminal investigation of Gilbert on the basis of
the allegations of criminal acts on the part of Chief Gilbert by the
QPOA. Foster requested the investigation to center on the criminal
investigation and Quartzsite would handle the administrative aspects.
The letter addressed the documents could be obtained from Sergeant
William Ponce or by John Stairs, Vice President of the Arizona Coalition of
Police and Sheriffs (AZCOPS).
On Tuesday, June 21,
2011, Arizona Department of Public Safety Special Investigations Unit Detective
Peter M. White, #4932, spoke with AZ DPS SIU Sergeant Brian DeSanti,
#5550.
DeSanti advised
White of a request by the Mayor of Quartzsite, Ed Foster, to look into criminal
allegations regarding Gilbert.
Investigative
Actions
On Wednesday, June
22, 2011, White spoke with QPD Sergeant William Ponce, #Q29, via the telephone
and set up a meeting to obtain the paperwork containing the criminal allegations
regarding Chief Gilbert.
On Tuesday, June 28,
2011, at approximately 0805 hours, SIU Detective Jeff Brown, #4878, and White
drove to Quartzsite, Arizona. At approximately 1020 hours White
and Brown met with Ponce at the McDonalds Restaurant, located at 1241 West Main
Street, Quartzsite, Arizona. Ponce provided White with the
following paperwork outlining the allegations regarding Chief Gilbert:
· Undated letter from
Foster to Taft pertaining to an allegation of a threat toward Yeomans by
Frausto
· Memorandum from the
QPOA dated May 10, 2011, requesting and investigation concerning misconduct by
Gilbert with names and signatures from the members of the QPOA, and notes made
during the meeting with Ponce on June 28, 2011
· Undated Memorandum
from the QPOA to Taft, regarding members of the QPOA requesting representation
for their interviews with the town
· Memorandum dated May
26, 2011, to the Mayor, members of the town council and town manager from
members of the QPD regarding a vote of no confidence of Gilbert.
· Memorandum dated
November 16, 2010, from Gilbert to Ponce regarding use of sick leave for
Officers Heriberto Dominguez and Officer James Kemp
· Memorandum dated
April 4, 2011 from Gilbert to patrol personnel regarding a Patrol Sergeant
position
· Memorandum dated
April 4, 2011 from Gilbert to patrol personnel regarding a Task Force
position
· Copy of Kemp’s
request for leave with Ponce’s signature dated November 1, 2010, with an
illegible signature of Taft’s that was allegedly “whited-out”
· Copy of Kemp’s
request for leave signed by Taft on November 2, 2010
· Copy of Kemp’s
request for leave dated December 12, 2010
· Memorandum from Kemp
to Ponce, Gilbert and Taft regarding his leave request.
· Kemp’s time sheets
dated October 30, 2010 and November 13, 2010
· Dominguez’s leave
request signed August 10, 2010
· Dominguez’s time
sheets dated September 4, 2010, September 18, 2010 and October 2, 2010
· Individual letters
from the members of the QPOA containing their criminal and internal misconduct
allegations against Gilbert
· Copy of La Paz
County Narcotics Task Force Report #T2010-072 pertaining to a voter fraud
investigation of Sean Eric Austin; Vito Frederick Austin; Ann Lori Austin; Mark
David Dudley; Karen F. Gay; Chaunce Willis Hamilton; Patricia Ann Mariabella;
Richard Raymond Olson; Dorothy Ann Sherrard; Victor E. Sherrard; and Russell K.
Sias
On Wednesday, June
29, 2011, White was present at a conference call in DPS General Investigations
Unit (GIU) Sergeant Tony Mapp’s, #4381, office. Also present in the office was
DPS SIU Detective Ron Baroldy, #4767. The call was from a male
subject who identified himself to be Dean Taylor and Mayor Ed Foster.
Foster was requesting an additional charge of disorderly conduct be
investigated due to an incident at the Quartzsite Town Meeting that occurred on
Tuesday, June 28, 2011. He said the incident was video
taped. White reviewed the video of the incident on the Qtown news
website. The phone call was digitally recorded shortly after the phone call
started to its conclusion as digital file #DS500019. The digital
recording was downloaded to a compact disc (CD). White was
originally assigned this allegation to expand his investigation.
Later Baroldy was assigned this allegation to be a separate
investigation. This CD was later given to Baroldy.
On Thursday, June
30, 2011, White obtained the terminal operator certification numbers (TOC) of
the QPD personnel from the DPS Access Integrity Unit.
On Wednesday, July
6, 2011, White contacted DPS Intelligence Research Specialist Sonia Limon,
#4977, and requested Arizona Criminal Justice Information System (ACJIS) log
scan starting from 2009 until July 2011. White requested the ACJIS
scan
logs be conducted on
the following individuals: John Jones; Jennifer Jones; Sean
Austin; Lori Austin; Vito Austin; Michael Roth; Richard Oldham; Russell Sias;
and Chaunce Hamilton. These individuals were pointed out in the
letters from the officers as the individuals that were targeted by
Gilbert.
White reviewed the
letters submitted by the officers, and found the following criminal
allegations: Quartzsite Town Manager Alex Taft’s, signature was
“whited-out” on
QPD Officer James
Kemp’s, #Q35, leave request form, misuse of ACJIS, and Frausto threatened
Yeomans prior to Yeomans’s administrative interview.
The letters also
made an allegation that an investigation of the allegation of sexual misconduct
regarding a former QPD Officer, Josh Star, was never conducted.
On Thursday, July 7,
2011, White contacted the Arizona Odbudsmen’s Office, and the Arizona Attorney
Generals (AG’s) Office and inquired into the Open Meeting Laws.
The information was forwarded to Baroldy.
On Tuesday, July 12,
2011, White received the 2010 ACJIS Log Scan dated December 27, 2009 through
August 1, 2010.
On Wednesday, July
13, 2011, White contacted the AG’s office and inquired about the open meeting
law. This information was given to Baroldy.
On Thursday, July
14, 2011, White contacted DPS Computer Forensic Unit Sergeant Brett Farrar,
#3447. White requested a copy of a Youtube video of the June 28,
2011, Quartzsite Town Meeting incident. White obtained the copy of
the video. The copy of the video was later turned over to
Baroldy.
On Wednesday, July
20, 2011, White received the ACJIS Log Scan dated August 1, 2010, through
December 31, 2010.
On Wednesday, July
20, 2011, Mapp and White had a conference call with the AG’s Office Ted
Campagnolo pertaining to the June 28, 2011, Quartzsite Town Meeting and
allegations of disorderly conduct and members of the QPD.
Campagnolo stated he did not see the video of the meeting however others
in the AG’s Office had a discussion and they did not see anything that rose to a
criminal level. This information was forwarded to Baroldy.
On Thursday, July
21, 2011, White received the ACJIS Log Scans dated January 1, 2009, through
November 16, 2009, and November 16, 2009, through December 31, 2009.
On Tuesday, July 26,
2011, White received the ACJIS Log Scans dated January 1, 2011 through July 21,
2011, through December 31, 2009, and January 1, 2011 through July 21,
2011.
White reviewed the
ACJIS Log Scans, highlighted the names ran and entered the data onto a spread
sheet.
There were missing
pages on the 2010 ACJIS Log Scan. On Tuesday, August 2, 2011,
White requested another 2010 ACJIS Log Scan.
On Wednesday, August
3, 2011, White received the 2010 ACJIS Log Scan. White reviewed
the log scan and entered the data into a spread sheet.
On Thursday, August
18, 2011, at approximately 0811 hours, White conducted a voluntary criminal
interview with Ponce. The interview pertained to Ponce’s knowledge of
alleged criminal misconduct by Gilbert. Brown assisted with
the interview. Ponce agreed to the interview. The
audio interview was recorded in two parts as digital files #DS500209, part 1 of
2, and #DS500106, part 2 of 2, and stored on digital video discs
(DVD)(evidence item #PW1).
On Thursday, August
18, 2011, at approximately 0919 hours, White conducted a voluntary criminal
interview with QPD Officer Alejandro Ruvalcaba, #Q40. The interview pertained to
Ruvalcaba’s knowledge of alleged criminal misconduct by Gilbert.
Brown assisted with the interview. Ruvalcaba agreed to the
interview. The audio interview was recorded as digital file
#DS500210 and stored on a DVD (evidence item #PW2).
On Thursday, August
18, 2011, at approximately 1017 hours, White conducted a voluntary criminal
interview with Kemp. The interview pertained to Kemps’s knowledge of alleged
criminal misconduct by Gilbert. Brown assisted with the interview.
Kemp agreed to the interview. The audio interview was recorded as
digital file #DS500211 and stored on a DVD (evidence item #PW3).
On Thursday, August
18, 2011, at approximately 1157 hours, White conducted a voluntary criminal
interview with QPD Officer Stephen Frakes, #Q21. The interview pertained to
Frakes’s knowledge of alleged criminal misconduct by Gilbert.
Brown assisted with the interview. Frakes agreed to the interview.
The audio interview was recorded as digital file #DS500212 and stored on
a DVD (evidence item #PW4).
On Thursday, August
18, 2011, at approximately 1302 hours, White conducted a voluntary criminal
interview with QPD Officer Michelle Norris, #Q25. The interview pertained to
Norris’s knowledge of alleged criminal misconduct by Gilbert.
Brown assisted with the interview. Norris agreed to the interview.
The audio interview was recorded as digital file #DS500213, and stored on
a DVD (evidence item #PW5).
On Thursday, August
18, 2011, at approximately 1422 hours, White conducted a voluntary criminal
interview with Villafana. The interview pertained to Villafana’s knowledge of
alleged criminal misconduct by Gilbert. Brown assisted with the
interview. Villafana agreed to the interview. The audio interview
was recorded as digital file #DS500214 and stored on a DVD (evidence item
#PW6).
On Thursday, August
18, 2011, at approximately 1510 hours, White conducted a voluntary criminal
interview with Taft. The interview pertained to Taft’s knowledge of a Quartzsite
Leave Request Form belonging to Kemp being altered. Brown assisted
with the interview. Taft agreed to the interview. The audio
interview was recorded as digital file #DS500215 and stored on a DVD
(evidence item #PW7).
At approximately
1530 hours, Taft gave White the original Quartzsite Leave Request Form where
Taft’s signature was “whited-out” (evidence item #PW8).
At approximately
1633 hours, Taft contacted White by telephone and left a voice mail.
Taft stated she thought about what was said in her interview.
She believed she was the only one who used the painted white-out, and
that Gilbert used the white-out strips. She now thought she
“whited-out” her own signature, and she wanted to talk more about it.
On Monday, August
22, 2011, at approximately 1303 hours, White digitally recorded the voice mail
Taft left for White as digital file #DS500216, and stored it on a DVD
(evidence item#PW9).
On Wednesday, August
24, 2011, at approximately 1016 hours, White conducted a voluntary criminal
interview with former QPD Police Assistant Linda Conley. The interview pertained
to Conley’s knowledge of alleged criminal misconduct by Gilbert.
Baroldy assisted with the interview. Conley agreed to the
interview. The audio interview was recorded as digital file
#DS500217 and stored on a DVD (evidence item #PW10).
On Wednesday, August
24, 2011, at approximately 1312 hours, White conducted a voluntary criminal
interview with QPD Officer Heriberto Dominguez, #Q34. The interview pertained to
Dominguez’s knowledge of alleged criminal misconduct by Gilbert.
Baroldy assisted with the interview. Dominquez agreed to the
interview. The audio interview was recorded as digital file
#DS500218 and stored on a DVD (evidence item #PW11).
On Thursday, August
25, 2011, at approximately 1410 hours, White secured evidence items PW1-PW11
into the DPS Central Region Property and Evidence Unit (CRPEU), located at 2323
North 22nd Avenue, Phoenix, Arizona 85005.
On Monday, August
29, 2011, at approximately 1420 hours, White contacted Kemp via the telephone
for a follow-up interview. The interview pertained to Kemp’s
statement in his interview on August 18, 2011, Yoemans was a liar.
Kemp stated Yeomans lied about not getting paid for three days of
administrative leave in Yeomans administrative interview with Jackson
Lewis. The phone conversation was digitally recorded as digital
file #DS500219 and stored on a DVD (evidence item #PW12).
At approximately
1544 hours, White was contacted by Kemp via the telephone. Kemp
stated he received the wrong information about Yeomans, Yeomans did not lie
about not getting paid for his three days of administrative leave, that Yeomans
had proof that he did not get paid and that Taft lied. This phone
conversation was not recorded.
On Tuesday, August
30, 2011, at approximately 0816 hours, White conducted a voluntary criminal
interview with Yeomans. The interview pertained to Yeomans’s knowledge of
alleged criminal misconduct by Gilbert. Baroldy assisted with the
interview. Yeomans agreed to the interview. The audio interview
was recorded as digital file #DS500220 and stored on a DVD (evidence item
#PW13).
On Tuesday, August
30, 2011, at approximately 0820 hours, Brown conducted a voluntary criminal
interview with QPD Officer Felipe Rodriguez, #Q36. The interview pertained to
Rodriguez’s knowledge of alleged criminal misconduct by Gilbert.
DPS SIU Detective Jennifer Borquez, #6138, assisted with the interview.
Rodriguez agreed to the interview. The audio interview was
recorded as digital file #DS500107 and stored on a DVD (evidence item
#PW14).
On Tuesday, August
30, 2011, at approximately 0908 hours, White conducted a voluntary criminal
interview with QPD Officer Richard Patterson, #Q43. The interview pertained to
Patterson’s knowledge of alleged criminal misconduct by Gilbert.
Baroldy assisted with the interview. Patterson agreed to the
interview. The audio interview was recorded as digital file
#DS500221 and stored on a DVD (evidence item #PW15).
On Tuesday, August
30, 2011, at approximately 0923 hours, Brown conducted a voluntary criminal
interview with QPD Sergeant James Schultz, #Q20. The interview pertained to
Schultz’s knowledge of alleged criminal misconduct by Gilbert.
Borquez assisted with the interview. Schultz agreed to the
interview. The audio interview was recorded as digital file
#DS500108 and stored on a DVD (evidence item #PW16).
On Tuesday, August
30, 2011, at approximately 1258 hours, White conducted a voluntary criminal
interview with Frausto. The interview pertained to Frausto’s knowledge of
alleged criminal misconduct by Gilbert and to the allegation of threatening
Yeomans. Baroldy assisted with the interview. Frausto agreed to
the interview. The audio interview was recorded as digital file
#DS500222 and stored on a DVD (evidence item #PW17).
On Tuesday, August
30, 2011, at approximately 1512 hours, White conducted a voluntary criminal
interview with former QPD Reserve Officer Candi Conley, #Q44. The interview
pertained to Candi Conley’s knowledge of alleged criminal misconduct by
Gilbert. Baroldy assisted with the interview. Candi Conley agreed
to the interview. The audio interview was recorded as digital file
#DS500223 and stored on a DVD (evidence item #PW18).
On Wednesday, August
31, 2011, at approximately 0130 hours, White received the following QPD Reports
from Brown: 10-00750; 10-00765; 11-00377 along with a digital copy
of a body camera video of the arrest; and 11-00385.
On Wednesday, August
31, 2011, at approximately 0954 hours, White conducted a voluntary criminal
interview with QPD Sergeant Fabiola Garcia, #Q42. The interview pertained to
Garcia’s knowledge of alleged criminal misconduct by Gilbert.
Baroldy assisted with the interview. Garcia agreed to the
interview. The audio interview was recorded as digital file
#DS500224 and stored on a DVD (evidence item #PW19).
On Thursday,
September 1, 2011, at approximately 1340 hours, White contacted Ponce via the
telephone. The phone conversation was a follow-up to Ponce’s
interview to clarify how Kemp’s leave request was presented to him by
Gilbert. Ponce stated Gilbert presented the leave request
paperwork to be corrected and Gilbert told him the leave was not approved by
Taft. Ponce stated the actual form was within the paperwork
Gilbert gave to him but Gilbert did not solely present the leave form and say
Taft did not approve the leave request. The phone conversation was
recorded as digital file #DS500225 and stored on a DVD (evidence item
#PW20).
On Thursday,
September 1, 2011, at approximately 1450 hours, White secured evidence items
PW12-PW20 into the DPS CRPEU.
On Tuesday,
September 6, 2011, at approximately 0803 hours, White conducted a voluntary
follow-up criminal interview with Taft. The interview pertained to Taft changing
her initial statement that Gilbert “whited-out” her signature on Kemp’s leave
request form. Baroldy assisted with the interview. Taft agreed to
the interview. The audio interview was recorded as digital file
#DS500226 and stored on a DVD (evidence item #PW21).
On Tuesday,
September 6, 2011, at approximately 1309 hours, White conducted a voluntary
criminal interview with Gilbert. The interview pertained to criminal allegations
made against Gilbert. Baroldy assisted with the interview. Gilbert
agreed to the interview. The audio interview was recorded as
digital file #DS500227 and stored on a DVD (evidence item #PW22).
On Wednesday,
September 7, 2011, at approximately 1435 hours, White secured evidence items
PW21 and PW22 into the DPS CRPEU.
On Tuesday, October
4, 2011, White contacted Gilbert and requested offense reports regarding
Jennifer Jones, John Jones, Vito Austin, Russell Sias and Michael Roth.
On Thursday, October
6, 2011, White and DPS SIU Sergeant Andy Williams, #2842 drove to the QPD and
obtained the offense reports requested.
On Tuesday, October
18, 2011, at approximately 0922 hours, Jennifer Jones, sent White an electronic
mail (email). The email pertained to a question as to why ACJIS
checks were conducted on her husband (John Jones) and her while they were in
Texas at a dog show in the fall of 2010.
On Wednesday,
October 26, 2011, at approximately 0712 hours, White replied to Jennifer Jones’s
email of October 18, 2011. White requested the dates she was at
the dog show and proof she was there.
On Wednesday,
October 26, 2011, at approximately 1855 hours, Jennifer Jones sent White and
email with an attachment. The email stated Jennifer Jones was not
in Quartzsite from June 2010 until October 2010. The attachment
was the letter Linda Conley wrote and was submitted with the QPD officer’s
letters that were submitted to AZPOST.
At approximately
1902 hours, Jennifer Jones sent White an email correcting the email address of
the person who could verify the dog shows.
On Tuesday November
8, 2011 White received a related supplemental report prepared by Brown.
On Wednesday
December 7, 2011, at approximately 1435 hours, White secured evidence item PW23
into the DPS CRPEU.
Investigative
Summary
The investigation
revealed the following:
Based on interviews
with the members of the QPD, Taft, documents provided by Taft, the QPOA and
Gilbert, and review of the ACJIS Scan Logs January 2009 until July 2011, the
investigation revealed the following concerning the allegations of criminal
misconduct by Gilbert and Frausto:
Tampering with a
Public Document:
In 2010 Officer Kemp
and Dominguez requested family medical leave because their spouses were having
babies. Ponce was responsible for the payroll of the police
department. He stated when a person would request leave the
supervisor would sign the request and the request went to the finance
department. Gilbert did not handle the payroll.
Ponce looked at the
policy and knew in the past people (former Quartzsite Police Sergeant Jason
Perkinson) had split the time taken between sick leave and annual leave.
Ponce checked with
Peggy Ware of the finance department and they did not see anything in policy
that would not allow splitting the time between sick leave and annual
leave. Ponce signed the requests and the town manager Alex Taft
signed the requests.
Ponce told Gilbert,
Dominguez needed to take some time off or he would lose the time. Gilbert
questioned Ponce since Dominquez had used time for family medical leave.
Gilbert sent Ponce a
memo requesting Kemp’s and Dominguez’s leave requests be corrected to be with in
policy. Ponce noticed on Kemp’s leave request, Alex Taft’s
signature had been “whited-out.” Gilbert told Ponce that Taft did
not approve the leave requests. Ponce pointed out Taft had signed it and Gilbert
did not say anything. He told Ponce Taft did not know what she was
signing. Ponce did not know who “whited-out” Taft’s signature.
Gilbert did not ask Ponce to “white out” the signature, and Ponce did not have
anything to do with the removal of Taft’s signature.
Kemp did not know
who “whited-out” Alex Taft’s signature on the leave request.
Gilbert asked Taft
if it was okay to white-out her signature on Kemp’s leave request.
Taft told him, he could white-out her signature. She did
not know why Gilbert wanted to white out her signature.
Alex Taft’s
signature was “whited-out” on Kemp’s leave request, she was not sure why the
signature was “whited-out” or who “whited-out” the signature.
At approximately
1633 hours, Taft contacted White by telephone and left a voice mail.
Taft stated she thought about what was said in her interview, and she
believed she was the only person who used the painted white-out, and that
Gilbert used the white-out strips. She now thought she
“whited-out” her own signature, and she wanted to talk more about it.
Ponce stated Gilbert
presented the leave request paperwork to be corrected and Gilbert told him the
leave was not approved by Taft. Ponce stated the actual form was
within the paperwork Gilbert gave to him but Gilbert did not solely present the
leave form and said Taft did not approve the leave request. Taft said she is the
only one, as far as she knows, that uses the paint white out, and everyone else
uses the white-out strips.
Taft talked with
Gilbert after her interview on August 18, 2011. She stated she
forgot she wrote, “Refer to Chief Gilbert” in her signature block, and she did
not think Gilbert “whited-out” her signature, unless Gilbert was in her office
and “whited-out” her signature. Gilbert told her he did not
remember who “whited-out” the signature.
Taft stated Gilbert
did not change Taft’s mind to say she “whited-out” her signature.
Taft wrote “Refer to
Chief Gilbert” in her signature block over the white out, and she did not
remember when she did, but it predated Gilbert’s memorandum to the
officers. She wrote “Refer to Chief Gilbert” because Gilbert had
questions and she wanted Gilbert to research the issue. She signed
her approval of the leave, because she believed when the officer’s sergeant
signed it, the sergeant used his due diligence.
It was an oversight
on her part and she relied on QPD Sergeant William Ponce’s signature on the
leave request and approved it. Ponce customarily handled the
payroll for the police department.
Taft did not know
why the copy of the leave request given to White by Ponce on June 28, 2011, did
not have “Refer to Chief Gilbert” in her signature block. She was
quite surprised when
she saw that. She wrote “Refer to Chief Gilbert” when she
discussed the issue with Gilbert and the adjustments were made, but reiterated
she wrote it prior to Gilberts memorandums to the officers.
Gilbert went to Alex
Taft’s office and had a discussion with her and she agreed that the leave
requested needed to be corrected. He may have told Sergeant
William Ponce that if Alex Taft signed the leave request, approving the leave
request, she did not know what she was signing. Gilbert said that
from time to time he had to sign paper work amongst doing other things.
He expects that people filling out the paper work had done it properly,
and he signed the paperwork. He did not remember whiting-out Alex Taft’s
signature on the leave request and he did not recall Alex Taft whiting-out the
leave request.
Influencing a
witness:
On May 10, 2011,
members of the QPOA composed letters of no confidence with Gilbert as their
Chief and stated allegations of misconduct of an internal administrative nature
and a criminal nature. Ruvalcaba was one of the members who signed
the memo.
On May 20, 2011, at
approximately 1130 hours Ruvalcaba met with Gilbert because Fruasto told Gilbert
that Ruvalcaba was upset about the sergeant’s process. During this
meeting Ruvalcaba stated he was threatened by Gilbert to choose what side he
would be on or he would lose his job. Ruvalcaba stated Gilbert told him, “I
don’t know what wagon you are going to jump on, I gave you this job when you
asked for the job don’t cut your career short.”
Norris heard Gilbert
threatened Ruvalcaba. Gilbert told Ruvalcaba which wagon he was on
because it could affect him. She was at the office but could not
hear everything said. Ruvalcaba told her what Gilbert said.
Ruvalcaba told Norris he thought he should withdraw his complaints
against Gilbert because he felt he was going to lose his job.
Fruasto did not
recall Gilbert threatening anyone.
Gilbert stated he
did not say it in the context Rubvalcaba had stated. Gilbert stated it was a
positive conversation and encouragement for Ruvalcaba. He told
Ruvalcaba he was a good officer and he would have plenty of opportunity later
on, and he hired him for who he was.
Tampering with a
witness:
On June 2, 2011,
Yeomans had an administrative interview with Jackson Lewis dealing with the
internal issues of the QPD. Prior to Yeomans interview, he had a
conversation with Frausto.
Yeomans stated
Frausto told him “Just to let you know, nothing is going to happen to the chief
and they are going to ask all of you to resign.” He was afraid to
talk because he felt as if he was going to be fired.
Frausto stated he
did not threaten anyone, but people claimed he did. He talked with
Yeomans prior to him going to interview with Jackson Lewis. He
told Yeomans that after this is done some of the citizens will request the
officers to be dismissed for what they are putting the town through.
Yeomans contacted
Ponce on the day of the Jackson Lewis interview. Yeomans was contacted by
Sergeant Xavier Frausto. Frausto told Yeomans to change his
statements because they were going to ask for their resignations for going
against the chief.
Frakes had his
interview with Jackson Lewis after Yeomans. When Yeomans interview ended Frakes
noticed Yeomans appeared to be angry and showing fear. Yeomans
told Frakes that Frausto told him that anyone who came in and made Gilbert look
bad was going to be fired. Frakes took that as a threat to Yeomans
to change his testimony.
No one else was
present during the conversation between Yeomans and Frausto.
Yeomans told Norris,
Frausto confronted him prior to his interview with Jackson Lewis.
Frausto told Yeomans he did not know why they were doing this, he will
lose his job. Yeomans felt Frausto want him to retract his
statements.
Yeomas told
Villafana, Frausto told him everyone that signed the letter was going to be
asked to resign. Yoemans was upset and believed Frausto tried to
persuade him to change his testimony or he would lose his job.
Linda Conely heard
Yeomans spoke to Frausto and Frausto told him to let things go don’t say
anything, everyone is going to get fired, and that Gilbert is the Chief and he
can talk to you any way he wanted to. Yeomans felt he would lose
his job if he testified.
Candi Conley heard
Yeomans was threatened by Frausto by stating that if he cooperated with the
letter of no confidence and Jackson Lewis, Gilbert would be exonerated, and
Yeomans would be fired.
Gilbert heard an
allegation that Frausto threatened Yeomans in some form prior to Yeomans
interview. He did not ask Frausto to talk with Yeomans.
He did not do anything about the allegations. Gilbert
stated Frausto denied he did it and from the results of the investigation
Yeomans credibility came into question from some of Yeomans statements.
Kemp stated Yeomans
was a substandard officer, he was a liar, and he was not trustworthy.
Kemp said Yeomans lied during the administrative investigation with
Jackson Lewis about not getting paid during a three day administrative
leave. Kemp retracted his statement and said he got wrong
information and Yeomans did not lie about not getting paid and Yeomans had
proof.
Unauthorized access
to criminal history:
Review of the ACJIS
Log Scan from January 1, 2009, through December 31, 2009, showed there were two
Arizona Criminal History checks of Vito Austin made by Linda Conley for Gilbert
on August 4, 2009. The ACJIS Log Scan shows a reason for the check
as an investigation. There is no investigation report related to
this investigation. There were three driver’s license checks and
two driver’s license photo checks made by Linda with no corresponding
information on who requested the checks.
Review of the ACJIS
Log Scan from January 1, 2010, through December 31, 2010,
revealed the following related to Gilbert:
· John
Jones
· Gilbert requested a
criminal history made by Linda Conley regarding John Jones
on
November 29, 2010. The ACJIS Log Scan showed the check was related
to QPD Report #2010-00773.
· There were 25 other
driver’s license checks, both regional and individual, state checks and criminal
history checks on John Jones conducted by Linda Conley.
· Linda Conely stated
these checks were mostly requested by Frausto but she was not sure.
Gilbert and Frausto were trying to identify John Jones during this time
because he had no picture identification. John Jones only had
military discharge form (DD214).
· Vito
Austin
· There were three
warrant checks and a driver’s license check for Gilbert on Vito Austin on March
30, 2010. There was no corresponding report or information
provided by Gilbert for the reason for the checks.
· There were 13
driver’s license and wanted checks with no corresponding reason or person who
requested the checks made by Linda Conley.
· Gilbert stated he
didn’t think his department had 50 contacts in 2010 and felt Vito Austin being
checked 50 times was excessive and out of the norm.
· Sean
Austin
· There were two
driver’s license checks made by Linda Conley with no corresponding reason or
information for the checks.
· Russell
Sias
· On April 5, 2010,
Gilbert requested five wanted and five driver’s license checks.
· On April 6, 2010
Gilbert requested five wanted checks and five driver’s license checks.
Gilbert stated he believed the reason for the checks was he had contacted
Russell Sias in a parking lot after a Town Council meeting attempting to get
into a vehicle that had been left in the parking lot.
· On April 13, 2010,
Gilbert requested a driver’s license and wanted check. He could
not recall the reason. There was no corresponding information
provided for the reason of the check.
· Linda Conley
conducted 13 driver’s license checks, both individual states and regional state
checks and wanted checks. There was no corresponding information
for the reason for the checks.
· There was only one
investigative report on Sias in 2010.
· Chaunce
Hamilton
· There were three
driver’s license checks, one individual state and two regional state checks made
by Linda Conley. There was no corresponding information provided
for the checks.
· Michael
Roth
· There were nine
criminal history checks for Gilbert conducted by Linda Conley on January 28,
2010. There was no reason noted on the ACJIS Log Scan and there
was no corresponding information for the reason of the checks.
· There were four
additional checks, driver’s licenses and driver’s license history.
There was no corresponding information for the reason of the
checks.
Review of the ACJIS
Log Scan from January 1, 2011, through July 21, 2010, revealed the following
related to Gilbert:
· John
Jones
· On April 6, 2011,
there was a criminal history check for Gilbert by Linda Conley.
The ACJIS Log Scan stated the reason for the check was an
investigation. There was not investigation report provided.
· On April 6, 2011,
Linda Conley conducted three additional checks, two regional state driver’s
license check and an individual state check. There was no
corresponding information for the reason for the checks.
· Jennifer
Jones
· On February 16,
2011, Linda Conley conducted two driver’s license checks and a driver’s license
photograph check. There was no corresponding reason or information
provided for the check.
· On February 17,
2011, Gilbert requested a criminal history check made by Linda Conley.
The ACJIS Log Scan stated the reason for the check was QPD Report
#2011-00164. That report was not provided by the QPD.
Ponce did not see
Gilbert conduct any ACJIS checks, Gilbert does not know how to conduct those
checks and Gilbert would not be identified as the person conducting the
checks.
Norris stated Linda
Conely would have no reason to conduct ACJIS checks unless she was asked to or,
in her duties as the property custodian, dealt with weapon releases.
Linda Conley stated
she was asked by Gilbert to run individuals to find if they have valid driver’s
licenses, to run them through all 50 states to see what states they had
licenses. She said it was for fact finding. Linda Conley said
since she had numerous duties she did not keep track of when officers would ask
her to run registrations and driver’s licenses. She said they had
a form to request criminal histories
Linda Conley stated
she did not run anyone unless someone requested her to.
Yeomans stated he
was present when Gilbert asked Linda Conley to run Jennifer Jones.
He was not able to hear Gilbert give Linda Conley a reason.
He did not recall what the date was.
Frausto stated he
was present when Gilbert asked Linda Conley to run Jennifer Jones and Jack Jones
through ACJIS. He stated the only time we run someone through
ACJIS is if they were arrested. Russell Sias was arrested in February of 2011
for assaulting Gilbert. There was no reason to run Sias that many
times in 2010. Frausto did not recall Gilbert running Sias 13
times.
Frausto asked Linda
Conley to run Jack Jones through the ACJIS and there was no record found.
The incident that started this was the arrest of Jack Jones.
He believed the arrest was the winter of 2010 or January to February
2011. Frausto said Jack Jones was identified by his finger prints
from the arrest and there was no reason to keep running him since they knew who
he was.
Garcia was not
present when Gilbert asked Linda Conley to conduct ACJIS checks.
She was present when other officers asked Linda to run driver’s license
and registration checks. She also asked Linda to run driver’s
license and registration checks.
Garcia stated Linda
Conley was picky and she did things right the right way. She said
even though Linda was picky and did things right, Linda is the main complainant
against Gilbert in regards to the ACJIS checks, and she had ample opportunity to
run the checks.
As far as Garcia
knew, Russell Sias, Jennifer Jones, John Jones, Vito Austin, Michael Roth were
not the subjects of any long term investigation that would warrant numerous
ACJIS checks being conducted on them and having registrations checks conducted
on vehicles pulling into there residences or places of business.
Garcia heard Vito
Austin was a drug dealer and would leave and come back with a shipment.
Garcia stated there
were complaints that Russell Sias and others were running for city council and
were not residents, and an investigation was conducted. The only
time they were told to check on them was if they ran into them.
Garcia stated it was not Gilbert going after them. She stated Gilbert was
told this was the problem, to go after them, and then it was
investigated. She stated when they received the complaint with
Sias, they were told if they run into him, or he was scene going to elections or
if he was under investigation, to run him and verify the registration if it was
out of state, but they were not directed to do so.
Gilbert stated he
asked others to conduct criminal justice computer checks if it pertained to an
investigation. He would ask for registration plate checks to be
done for vehicles over at Jennifer Jones’s if it pertained to an
investigation. The most recent investigation on Jennifer Jones was
to determine her residency because she was running for office.
Gilbert recalled Linda commenting on her neighbor being run but he did
not recall the particulars.
Gilbert stated John
Jones was a victim and a suspect in investigations and they could not identify
John Jones, they believed he was using an alias.
Gilbert stated Linda
Conley was trained and was the system security officer. Linda may
have run people in a particular way as her protocol. Since Linda
was trained, Gilbert had faith in her that she would do things properly.
Gilbert said Linda never said anything she was asked to do was
wrong.
Gilbert stated any
check he made or asked someone else to make, he believed was for a lawful
reason. His definition for a lawful purpose was for a criminal
investigation or suspicion of criminal activity.
There were no checks
made of Jennifer Jones while she was out of town according to her email, but
John Jones was run during that time. There was an informational
offense report generated, QPD 2010-00581.
“All conclusions
relative to the criminal investigation will be formulated by the Arizona
Attorneys General Office, upon review of the criminal case.” The report
stated. On July 13th, 2012, the Attorney General Tom
Horne’s Office declined the case for prosecution, citing “no reasonable
likelihood of conviction, victim/witness credibility problems, inadequate
evidence of corroboration, and inadequate evidence of intent. “
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