Pubdate: Fri, 23 Mar 2001 Source: San Antonio Express-News (TX) Copyright: 2001 San Antonio Express-News Contact: 400 3rd St., San Antonio, TX 78287-2171 Fax: 210-250-3105 Website: http://www.mysanantonio.com/expressnews/ Forum: http://data.express-news.net:2080/eshare/server?action=4 Author: Cindy Tumiel CHIEF SAYS OFFICERS BETRAYED HONOR Federal agents and city police swept through San Antonio in pre-dawn darkness with a grim task Thursday - arresting fellow law officers on charges they used their police power, guns and badges to protect shipments of cocaine traveling through the Alamo City. A San Antonio patrol sergeant, seven San Antonio patrol officers, a Bexar County sheriff's deputy, a former Bexar County reserve deputy constable and two civilians were charged with federal crimes including conspiracy, attempted possession and distribution of cocaine, firearms violations and theft. Four of the San Antonio officers were arrested in uniform as they began or ended work for the day. Early in the afternoon, a somber-faced Police Chief Al Philippus faced a wall of reporters and television news cameras, describing the investigation and arrests as a "kick in the gut" that impugned the integrity of honest officers everywhere. "We are sickened and shocked by the inexcusable actions of these officers," Philippus said as news cameras broadcast his remarks live across the city. "They have betrayed the honor of every San Antonio police officer who wears this uniform, every law enforcement officer in this nation, but mostly the community who they swore to serve and protect." The arrests culminated an FBI investigation that began in 1997 in which undercover agents posed as drug traffickers. Authorities allege the defendants accepted money to protect drug shipments, transport what they believed to be cocaine and, in at least one case, supply the sham drug dealers with inside information. Attorneys for at least two of the accused said their clients are innocent, claiming they will vigorously defend themselves. Arrested on charges of attempting to possess and distribute cocaine were SAPD officers Sgt. Conrad Fragozo Jr., 36; Patrick Bowron, 27; Peter Saenz, 31; Arthur Gutierrez Jr., 38; Lawrence Bustos, 37; Manuel Cedillo Jr., 35; Alfred Valdes, 28; and David Anthony Morales, 39. Also charged were former Bexar County Reserve Deputy Constable Gilbert Andrade Jr., 28, and civilians Edward Fragozo, 37, the uncle of the SAPD sergeant, and Albert Mata, 39. Richard Rowlett Buchanan, 44, a Bexar County sheriff's deputy, was charged with theft of public money. Authorities allege he broke into a vehicle in July 1998 and took $2,000. Conrad and Edward Fragozo, Bowron, Saenz, Gutierrez, Bustos and Cedillo also face conspiracy charges. Conrad Fragozo, Bowron, Gutierrez and Morales also are charged with carrying a firearm during a drug trafficking offense. "We truly do intend to fight these charges, I mean, tooth and nail," said Jimmy Parks, attorney for Gutierrez. While authorities would not detail the evidence against the suspects, Parks said the bulk of it is on video and audiotape. "It's not infallible evidence, and in many cases, it's ambiguous and subject to interpretation," Parks said. Defendants were formally charged Thursday afternoon before U.S. Magistrate Judge John Primomo. The charges carry punishments ranging from 10 years to life in prison. Philippus said the San Antonio officers were being placed on administrative leave without pay. Andrade, who now is an investigator for Our Lady of the Lake College, was placed on unpaid leave, school spokeswoman Susan Schleicher said. Conrad Fragozo and Buchanan worked part-time as security officers for the San Antonio Housing Authority, and face termination from those positions, said Frazier Barnett, SAHA's chief of security. Roderick L. Beverly, special agent in charge of the FBI's San Antonio division, said the investigation began in 1997, based on information the agency obtained during other narcotics cases. Philippus found out in1998. Beverly said undercover federal agents posed as drug dealers and approached the defendants, seeking protection and/or transport help and offering fees ranging from $800 to $6,500. The agents used fake drugs, but the defendants were unaware of that, Beverly said. "We were renting their badges and their guns," he said. Among the specific charges: Valdes is accused of getting $800 for supplying information he had access to as a police officer between Aug. 18, 2000, and March 10 to people he believed were drug dealers. Morales is accused of transporting more than 5 kilos of a substance he believed was cocaine on two occasions - on Jan. 24, 1999, and April 24, 1999 - from one San Antonio hotel to another for a fee of $5,000. Andrade is charged with transporting more than five kilos of what he believed was cocaine from a San Antonio bus station to a local hotel on Aug. 15, 1999 for a fee of $2,000. Mata, authorities charge, twice received $1,000 for transporting an unspecified amount of what he believed was cocaine from the San Antonio International Airport to a nearby hotel, on April 8, 1998, and again three days later. Beverly described Thursday as a "bittersweet day" that culminated a long and important investigation, but also exposed painful human frailties. "It hurts us even deeper because many of the officers are friends and co-workers and because they have families who are also affected," Beverly said. "It is not a time for celebration." The officers ranged in age from 27 to 44 and had put in five to 15 years of service with the local law enforcement agencies. Family members crowded a federal courtroom Thursday afternoon, cried and consoled each other as they listened to the charges for the first time. One woman clutched a green beaded crucifix. Throughout the short hearing, most of the defendants sat glumly in silence. Only David Anthony Morales, a patrol officer who faces 15 years to life in prison, showed emotion. As the group waited for the hearing to begin, Morales stole a quick glance at family members over his shoulder, then faced the front of the courtroom and burst into sobs. At the suggestion of prosecutors, Primomo ordered 11 of the men to be held without bond. Primomo ordered the 12th, sheriff's deputy Buchanan, to be held pending a $250,000 bond, the amount suggested by Assistant U.S. Attorney David Counts. Counts said he made the exception for Buchanan because he is charged with a property crime. But he cited a risk to public safety and the potential of stiff sentences in asking Primomo to hold the remaining defendants without bond. The issue will be revisited on Tuesday during a formal detention hearing. Attorneys for at least four of the defendants said they would seek personal recognizance bonds. "I don't think that any judge would believe that out client is a danger to the community or is a flight risk," said Joel Perez, who represents Conrad Fragozo Jr. "We think he's the one in danger as a police officer being incarcerated." Attorney Roy Barrera Jr., who is representing Bustos, said he was told the defendants would be segregated from other inmates. Philippus said the incident demonstrated his department would not shrink away from dealing with corruption in its ranks. "These indictments and arrests demonstrate that swift action will follow for those who violate the laws, no matter who they are," the chief said during an afternoon news conference. A check of civil service commission records showed that four of the arrested San Antonio police officers have faced disciplinary action in the past. Bowron received a 30-day suspension in 1999 after he was charged with assaulting his girlfriend. He was later found not guilty. Morales received a five-day suspension in 1990 after he fired his weapon at a person who was stealing his car. Gutierrez was suspended for two days in 1991 on a charge that he had a ticket dismissed for someone, and was suspended for one day after he failed to report for special assignment duty at a carnival. Cedillo was suspended for one day in 1992 after he had a wreck while on duty. Staff writers Karisa King, Amy Dorsett, Lisa Sandberg, Manny Gonzales, Linda Prendez, William Pack, Tom Bower, Daryl Bell, and Jeanne Russell. - --- MAP posted-by: Keith Brilhart