Was it right to fire a San Marcos police sgt for an off-duty wreck?

[TipBledsoe]

… cops are typically held to higher standards for reason - …

^ That sums it up for me.

Irt doesn’t matter to me if there was a fatality or not - he should be disgracefully fired either way.

But there was a fatality - that is a case of manslaughter at the very least… so, along with being disgracefully fired he needs to serve prison time.

 

[Mowingmaniac 24/7]

I have to apply the: How would I (non-LEO) be treated in the same circumstances?

 

[Renegade]

I would have fired him in a New York second, and charged him manslaughter even faster.

I cannot understand how we as a society tolerate folks whose errors kill others.

This has nothing to do with being a cop (I would fire any employee and be thankful it did not occur on the job).

 

[Renegade]

I'm kinda torn on this one - cops are typically held to higher standards for reason

He was not held to a higher standard. He was given a Blue Pass.

Only a year after with enough bad publicity did the Chief change direction and fire him. Still no charges. Just a ticket for running a stop sign.

 

[ZX9RCAM]

I imagine that the deceased family would benefit from him being charged in their suit against the city.

 

[robertc1024]

I imagine that the deceased family would benefit from him being charged in their suit against the city.

Great. I gotta pay for that you know.

 

[Mowingmaniac 24/7]

bbbass,

Just spotted your post.

Yes, tecate blows, but they sponsor fights, so they aint all bad.

Speaking of Mexican beer, Years ago in Monterrey, Mexico, in one of my sojourning international trips to buy line pipe, I spent an evening with the former CEO of Carta Blanca. (who was then in a completely different industry)

Good guy, but I couldn't tell him his one time beer was the Mexican equivalent of Budweiser...blech.

 

[Axxe55]

And just for a hypothetical, take the open container out of the situation, or even the suspicion of being under the influence, his actions IMO were still criminal. Speeding, running a stop sign, hitting another vehicle that resulted in injuries and a death.

I have to wonder if there was some undue influence from the prosecutor with the grand jury as to why they declined to prosecute him on any charges?

 

[ZX9RCAM]

See post #45.

 

[Axxe55]

See post #45.

And he should be charged. And sued for damages he caused.

 

[Axxe55]

I have to apply the: How would I (non-LEO) be treated in the same circumstances?

Harshly!

 

[Moonpie]

Wow are you f&cking kidding me

Some animals are more equal than others.

 

[ArmyDub]

for many emergency workers (like police & fire) having a DL is a condition of employment


refusing the test = losing your license = losing your job

 

[SA_Steve]

My first car was hit by an off duty cop who ran a stop sign. Left me a bloody mess too.
He did not get a ticket (surprise) - but his insurance did pay.

 

[Renegade]

for many emergency workers (like police & fire) having a DL is a condition of employment


refusing the test = losing your license = losing your job

He did not lose his license, he was only charged with running a stop sign.

“Sergeant Hartman’s indefinite suspension came as the result of sustained misconduct related to dereliction of duty and insubordination.”

Seems there was a lot going on behind the scenes. I tend to read that as we could not find a civil service reason to fire him, so we made his job a living hell till we could document a reason to fire him.

 

[Axxe55]

He did not lose his license, he was only charged with running a stop sign.

“Sergeant Hartman’s indefinite suspension came as the result of sustained misconduct related to dereliction of duty and insubordination.”

Seems there was a lot going on behind the scenes. I tend to read that as we could not find a civil service reason to fire him, so we made his job a living hell till we could document a reason to fire him.

I think he is referring to a refusal of the SFST as grounds for mandatory loss of the DL.

Refusing a Breathalyzer Test & Implied Consent Laws in Texas

If you’re pulled over and suspected of drinking while driving, also know as driving while intoxicated (DWI) in Texas, it’s important to know your rights.

www.dwi-texas.com

 

[Renegade]

I think he is referring to a refusal of the SFST as grounds for mandatory loss of the DL.

Refusing a Breathalyzer Test & Implied Consent Laws in Texas

If you’re pulled over and suspected of drinking while driving, also know as driving while intoxicated (DWI) in Texas, it’s important to know your rights.

www.dwi-texas.com

There is no penalty for refusing an FST unless it was a recent change. The penalty is for refusing breath or blood test. His only conviction was for stop sign violation according to article.

 

[cycleguy2300]

I think he is referring to a refusal of the SFST as grounds for mandatory loss of the DL.

Refusing a Breathalyzer Test & Implied Consent Laws in Texas

If you’re pulled over and suspected of drinking while driving, also know as driving while intoxicated (DWI) in Texas, it’s important to know your rights.

www.dwi-texas.com

No, but a refusal (after arrest and DIC-24 warning) to submit to a blood or breath sample IS an automatic suspension and leads to higher penalties if there is a conviction.

Due to the nature of the crash and the open container I HIGHLY doubt there were not more clues, which would lead to probable cause for a INTOXICATED MANSLAUGHTER charge, even without SFSTs (remember Probable Cause is WAY lower than what might suffice for a conviction and simply needs to articulate "probable" not anything near sure or proof [refer to Mrs. Allen West's arrest and subsequent release] and should be pretty easy sell.) If he doesn't want to blow and the affidavit of arrest was good it should be easy to get a search warrant for his blood...

Sent from your mom's house using Tapatalk

 

[Axxe55]

There is no penalty for refusing an FST unless it was a recent change. The penalty is for refusing breath or blood test. His only conviction was for stop sign violation according to article.

I fully understand that. I was merely trying to explain what the other member was referring to.

from reading the article, he did submit to testing later so technically, it can be said he never refused, so I can't see a mandatory suspension of his DL.

 

[Renegade]

Due to the nature of the crash and the open container I HIGHLY doubt there were not more clues, which would lead to probable cause for a INTOXICATED MANSLAUGHTER charge, even without SFSTs (remember Probable Cause is WAY lower than what might suffice for a conviction and simply needs to articulate "probable" not anything near sure or proof [refer to Mrs. Allen West's arrest and subsequent release] and should be pretty easy sell.) If he doesn't want to blow and the affidavit of arrest was good it should be easy to get a search warrant for his blood...

Irony is his BAC was 0% alcohol per blood test.