Pubdate: Sat, 30 Sep 2000 Source: Laredo Morning Times (TX) Copyright: 2000 Laredo Morning Times Contact: P.O. Box 2129, Laredo TX 78044 Fax: 956-724-3036 Website: http://www.lmtonline.com/ Author: Robert Garcia OFFICER ACTIONS IN DRUG RAID PROBED A Laredo police officer is under investigation, accused of causing head injuries to a Veracruz man after he allegedly pistol-whipped the suspect during a drug raid last April. Mexican Consul's Alejandro Lopez Bajo, in charge of the Department of Protection, said the police department's internal affairs division is investigating the incident. "We are staying in touch with them every step of the way. We'll see what they come up with when investigation results are turned over to the district attorney's office," he said. Lopez said the victim sustained a two-inch cut to his forehead and other injuries when the police officer struck him with a gun. "The victim was handcuffed, lying face down on the ground. That's when this officer came into the room and began to assault him," Lopez Bajo quoted the victim as saying. Lopez Bajo requested that the victim's name not be released because the officer allegedly threatened him. The police officer under investigation cannot be identified because formal charges have not been filed against him. The Veracruz man illegally crossed from Mexico into Laredo around April 14. The "coyote" or smuggler left him in a room at a mobile home with the promise that he would be transported out of Laredo, Lopez Bajo said. About two to three days later, the Laredo Multi-Agency Task Force raided the mobile home located in the 1700 block of Gates Street. "Naturally, this man and several other people were arrested. The officers found drugs at the place," Lopez Bajo said. The Multi-Agency Task Force released information on the April drug raid and the arrest of five suspects. All were from Mexico and were charged with possession of cocaine, a second-degree felony. The news release, however, made no mention that one of the suspects had sustained injuries during the raid. Mexican officials were not notified. The 38-year-old victim was provided medical attention and remained at the Webb County jail for a month before he reported the assault to the Mexican consul. Lopez Bajo said the victim was afraid but found the courage to report the assault while still in jail. He said they found the victim because they keep an eye on Mexican citizens who are being held in jails. The same practice takes place all along the border. "We stay in touch with the inmates to make sure that they are not harmed or that their court dates are kept, or to see if they are just OK," he said. Although afraid, the Veracruz inmate filed a criminal complaint against the officer with the police department, Lopez Bajo said. "But then things got funny, because suddenly in May we learned that this man had been released from jail and returned to Mexico," he said. The Veracruz man and the four other suspects had been jailed under a $200,000 bond. A check with the Webb County jail indicates that the Veracruz man was released on bond to Alamo Bail Bonds and then turned over to immigration officials who deported him. At Alamo Bail Bonds, a clerk said Thursday afternoon she was going to check on the Veracruz man's record with the company to see if they could provide any information. However, the clerk did not call back. With an ongoing investigation on their hands, the Mexican Consul's office in Laredo set out to find the victim in Mexico seeking the assistance of the Departamento de Hacienda. The Veracruz man was finally found in Mexico City. "But he did not want to return to Laredo to continue the investigation. We tried for weeks but he kept saying he was afraid to come back," Lopez said. The Mexican Consul covered the cost of returning the victim to Laredo. "(The victim) gave a statement again which was videotaped. He underwent a lie detector test which he passed and he is ready to testify in court," Lopez Bajo said. While the Mexican consul awaits the completion of the probe, Laredo Police Dept. Internal Affairs Investigator Cavazos said he is, "putting the finishing touches on the investigation," but the results will not go to the DA's office. "I will turn over the internal affairs investigation to Chief Agustin Dovalina and Asst. Police Chief Eliodoro Granados. They will decide if it is taken to the DA's office or it's given to the department's Review Board," Cavazos said. The investigator said he could not comment on whether there was also a criminal investigation underway. Police internal investigations are normally never turned over to the DA's office, because it may carry statements the officer made under the Garret rule, which prohibits the department from using the statements in a criminal proceeding. Neither Dovalina nor Granados was available for comment. - --- MAP posted-by: Keith Brilhart