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Thursday, May 23, 2013 | 7:44 a.m.

Updated: 3:29 p.m. Friday, Nov. 9, 2012 | Posted: 9:48 p.m. Thursday, Nov. 8, 2012

City of Socorro plans to sue El Paso County sheriff, deputies for harassment, violating civil rights

By Jesse Martinez and Ruben Veloz

SOCORRO, Texas —

The city of Socorro is looking to take legal action against El Paso County Sheriff Richard Wiles for harassment and unlawful search and seizure among other charges, officials said.

Socorro spokesman Dave Garcia told KFOX14 city council made the decision after an executive session around 9:30 p.m. Thursday.

The city is also looking to recover original financial records and property of the city and expenses incurred by the city of Socorro.

"There are so many investigations and information with no result, and I think this is city council's way of getting back the computers that they've seized, and getting back the original records," said Socorro Public Information Officer Dave Garcia.

The city is looking to sue the sheriff and three deputies, Sgt. Jose Kluge, Oscar Martinez and Tim Cook, for harassment, official oppression, abuse of process, unlawful search and seizure and violation of civil rights.

Garcia said the ongoing investigations have led to frustration, and distrust for the residents.

"I think it's a culmination of frustration and fatigue," said Garcia. "There are so many investigations. There are so many things that are mentioned with no result."

The city passed a resolution to authorize the city manager to submit a complaint to the American Civil Liberties Union, and to ask for a complete investigation by the Texas Attorney General for the aforementioned charges.

"Obviously, this council wants to remedy the wrongs that have been inflicted on the city of Socorro employees and have directed their city manager to search and employ council to pursue these very serious claims that could range in the hundreds of thousands, if not millions of dollars," said Jerry Wallace, Socorro city attorney.

On Oct. 30, five Socorro police officials were arrested by Texas Rangers at a police substation.

Lt. Joe Alvarez, Sgt.Refugio Orta, and officers Israel Delgado and Javier Varela were arrested on charges of official oppression or abusing their power.

Raul Huerta, a dispatcher with Socorro police, was also arrested on a charge of transporting marijuana.
Garcia said tax payer money isn't going towards their legal fees.

"The association of law enforcement officers in Texas have already employed attorneys for these officers." Said Garcia, "I don't see any more sharing as far as with the officers."

El Paso County Sheriff's officials released the following statement in regards to the city's claims:

In view of the legally and factually baseless threat of civil action by the City of Socorro against the El Paso County Sheriff’s Office and certain of its dedicated employees, I wish to assure the good citizens of Socorro that all investigative actions and/or arrests by the El Paso County Sheriff’s Office are executed in accordance with sound law enforcement and constitutional processes.

In the various investigations, completed or underway, search warrants and arrest warrants were reviewed by impartial magistrates after review of sworn affidavits setting forth factual information leading each magistrate to believe it more likely than not the allegations presented in the affidavits were true.

Respecting indictments issued by the Grand Jury, comprised of citizens of El Paso County, each indictment is a finding of probable cause by those neutral citizens that the crimes alleged were committed. Naturally, all individuals arrested are presumed innocent until their guilt is established beyond a reasonable doubt in a court of law.

The El Paso County Sheriff’s Office is committed to investigating and taking appropriate action respecting allegations of a criminal nature. We take our responsibilities seriously and will continue to move forward without regard to baseless threats of frivolous civil action constituting a further waste of taxpayer money.

 

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