Pubdate: Wed, 15 Jun 2005
Source: Pacific Daily News (US GU)
Copyright: 2005 Pacific Daily News
Contact: http://www.guampdn.com/customerservice/contactus.html
Website: http://www.guampdn.com/
Details: http://www.mapinc.org/media/1122
Author: David V. Crisostomo
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)

POLICE OFFICER CHARGED

Man Faces Criminal Charges for Allegedly Selling 'Ice'

A Guam Police Department officer faces federal criminal charges for
allegedly selling the drug "ice" and carrying his department-issued
firearm while allegedly distributing the drug.

Officer Jason Coburian Ortiola, 25, of Dededo has been placed on
administrative leave with pay and is scheduled to appear in U.S.
District Court of Guam on Aug. 3, according to court documents.
Ortiola, who joined the police force last year, was indicted June 8 on
charges of distribution of methamphetamine hydrochloride, or "ice,"
and carrying a firearm during a drug trafficking offense. Ortiola was
wearing his uniform during the alleged crime, according to the police
department.

The Pacific Daily News reached Ortiola yesterday, but he declined to
comment about the indictment. "No, not at this time. I have no
comment," Ortiola said.

At the time of the indictment, the court had sealed the case, meaning
the public had no access to the proceedings. Yesterday, the Guam
Police Department, the U.S. Attorney's Office, and the Bureau of
Alcohol, Tobacco, Firearms and Explosives held a press conference to
announce that the court had unsealed the case. Officials said the case
is isolated and no other officer has been implicated in the alleged
crime.

U.S. Attorney Leonardo Rapadas said the case is considered federal
because Ortiola allegedly had his department-issued firearm with him
during the alleged crime. Ortiola faces at least five years in federal
prison if convicted, Rapadas said.

Police Chief Frank Ishizaki yesterday called the alleged actions of
Ortiola an "embarrassment."

"We have to apologize to our community," Ishizaki said. "For us to
have an officer traffic ice is totally inappropriate."

Ishizaki said the police department has zero tolerance for drug use
and illegal activities. The police chief said he is working on
starting 100 percent drug testing for GPD personnel on a yearly basis.

Ishizaki said the department has not conducted any random drug testing
of GPD personnel in recent years because of a lack of funds.

Ishizaki said the criminal investigation in the case and an internal
affairs investigation is ongoing.

Earlier this month, the Violent Street Crimes Task Force had received
a tip that a police officer had been seen smoking ice while on duty,
said Sgt. Joe Carbullido, GPD's spokesman.

The police department, together with special agents with the Drug
Enforcement Administration, the ATF and Guam Customs then conducted a
surveillance and sting operation, Carbullido said. Ortiola at the time
was assigned to the Tamuning-Tumon precinct.

"During that operation, investigators discovered Ortiola selling the
drug ice while in uniform prior to going to work sometime in June
2005," Carbullido said.

"Investigators have since determined that the actions of Ortiola were
isolated and no other officers were implicated in this investigation
nor named as conspirators or co-defendants," he said.

According to the indictment, Ortiola was caught on June 3 allegedly
distributing a half-gram of ice. A half-gram of ice has a street value
of $250, according to the DEA. The indictment said that at the time of
the alleged crime, Ortiola was carrying a 9mm Smith & Wesson pistol
"during and in relation to a drug trafficking offense."

This is not the first time that Ortiola has been the focus of an
internal affairs investigation.

Carbullido late yesterday confirmed that Ortiola was under an internal
affairs investigation for a separate incident that happened a couple
of months ago.

Carbullido said he did not know specifically when the incident
occurred, but that Ortiola had been driving a police vehicle and was
involved in a traffic accident.

When government employees are involved in work-related accidents,
GovGuam regulations require that they be immediately tested for drug
use, said Cecilia Martinez, human resources manager for the Department
of Administration, which coordinates all GovGuam employee drug testing.

Carbullido yesterday said he did not immediately know if Ortiola was
ordered to take a drug test following the accident.

The Pacific Daily News was again able to reach Ortiola by phone late
yesterday. Ortiola confirmed he was involved in a traffic accident in
which he was driving a police vehicle.

When asked whether he was under the influence of any substances during
that incident, Ortiola said: "I didn't admit and I didn't deny any of
it."

When asked whether he was sent for drug testing, Ortiola declined to
comment and said that he was no longer going to answer any questions.

Martinez yesterday said the Department of Administration has no record
of the police department ordering a drug test for Ortiola. Martinez
added that the police department had not ordered any drug testing for
GPD personnel in recent years, except for pre-employment testing that
is done when new employees are hired.

The Pacific Daily News made two calls to Ishizaki's office and also
called his cell phone late yesterday, but the calls were not returned.

Carbullido yesterday said he was working on getting more information
about the incident. "I need to consult with the chief before I release
further information," he said.

No Drug Test

In a later interview, Carbullido confirmed that Ortiola, who was with
the Hagatna precinct at the time, had been involved in an accident
while driving a patrol vehicle in early January along Route 16 near
the airport underpass. Ortiola was the only occupant of the vehicle
and the accident did not involve any other vehicle, he said.
Carbullido said he did not know the extent of the damage.

Carbullido said there was no drug testing ordered for Ortiola at the
time because Ortiola's supervisor did not suspect Ortiola was under
the influence.

"It's the supervisor's call," Carbullido said, adding that it is
standard procedure at the police department. Carbullido said he did
not immediately know who was Ortiola's supervisor at the time.

An internal investigation was launched and remains active, Carbullido
said.

"There was no finding back then and there has been no finding in the
present that he was under the influence," Carbullido said.

Martinez earlier yesterday said GovGuam regulations require all
workers who get into work-related accidents to immediately test for
possible drug use. She pointed to the example of school bus drivers
who get into accidents and are required to test.

"We do that with the bus drivers, even if it doesn't involve a lot of
damage to vehicles," Martinez said, adding that drug testing can help
determine whether to remove an employee from duty for the public's
safety.

Martinez said that same procedure should have been followed in
Ortiola's case.

"As soon as he got into an accident, the (police) department at that
point should have asked us to drug test that man," Martinez said.

Cases Jeopardized

Attorney General Douglas Moylan yesterday said while he would have to
research specific GovGuam rules and regulations to determine if the
police department should have tested Ortiola at the time, he believes
Martinez is in the best position to comment on the matter.

Moylan said Ortiola should have been tested immediately to determine
if he is responsible for paying for the damage to the vehicle and to
protect the public safety.

"Law enforcement officials must be held to the highest standard. The
public relies on their top performance for their safety," Moylan said.
"Much is expected of them and procedures have to be meticulously followed."

Moylan said that the attorney general's office was not notified of the
federal charges against Ortiola, and that he believes there are local
offenses that Ortiola could be charged with. Moylan said he only
learned of the federal charges after they were announced during the
press conference.

Ortiola's involvement in the alleged crime also may jeopardize active
local criminal cases in which Ortiola is an officer witness, Moylan
said.

"We've identified a few cases in which he is an officer witness, and
we're in the process of flagging more cases," Moylan said.

"It will make the (local) government's cases a little more difficult
because (Ortiola's) credibility would be put into question."
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