SAN MARCOS, Texas – A San Marcos police officer who was placed on administrative leave last month after two arrests has been issued a 24-hour suspension and mandatory retraining, the city said in a statement.
On Tuesday, the city said San Marcos Police Chief Stan Standridge concluded his review of the March 14 arrests, and officer Jaciel Cortina will be required to complete retraining on “de-escalation and investigative practices” as a result.
Just before 4 a.m. on March 14, officers were notified of a 15-year-old girl attempting to leave her mother’s house and get into a red pickup truck outside. The girl’s mother told police she believed an older man, whom she did not know, was trying to leave with her daughter, the city said.
Before officers were dispatched, it was unclear whether the girl was still at the house or whether she had left in the truck, according to the city.
The city said officers found a truck that matched the mother’s description, but the driver — later identified as Esteban Reyes, 17 — did not respond after he was asked to exit the vehicle multiple times.
According to the city, officers called for backup and approached the driver’s seat, including Cortina.
The city said Esteban Reyes’ father, Gerardo Gonzalez Reyes, 44, who was in the passenger seat, “held onto (his son’s) arm and attempted to keep the driver inside the truck.” Esteban Reyes was physically removed from the truck, but the city did not specify which officers opened the door and removed him.
Cortina was placed on administrative leave the following month.
The 15-year-old girl was not in the red pickup truck that was described to officers, police said. After an investigation, officers confirmed the 15-year-old girl never left the mother’s house, according to a City of San Marcos spokesperson, and no crime had occurred.
Both Esteban Reyes and Gerardo Gonzalez Reyes were booked into the Hays County Law Enforcement Center for interfering with public duties.
The city said Cortina, the arresting officer, discovered Gerardo Gonzalez Reyes had an immigration detainer issued by U.S. Immigration and Customs Enforcement (ICE) after he was booked.
An immigration detainer is a request sent from ICE to law enforcement agencies, including jails, to notify the immigration agency before releasing an immigrant and hold them for up to 48 hours.
“The arresting officer was not aware of the detainer while on the scene of the traffic stop,” the city said in April.
On Tuesday, the city said an internal investigation of the arrests found three San Marcos Police Department policy violations:
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Policy 5.1: Departmental records related to an inaccurate statement on the probable cause affidavit
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Policy 6.1: Response to resistance and aggression related to a failure to articulate the basis for detention
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Policy 7.40: Investigations related to a failure to verify the juvenile subject’s location and investigative questioning prior to making arrests
Standridge also provided recommendations that will be implemented by the department, the city said, including:
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Establishment of mandatory supervisory and command protocols for significant incidents
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Adoption of a policy governing departmental protocols for Immigration and Customs Enforcement administrative warrants and detainers
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Amendments to existing departmental policies to require articulation of the basis for detention and arrests and clarify requirements for report accuracy
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Requirements for use of a standard translation application
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Creation of a public-facing dashboard for use of force, de-escalation, and dignity in policing metrics
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Establishment of a formal San Marcos Police Department Leadership Academy
“The City of San Marcos acknowledges the concerns expressed by the family and members of the public related to this case and expects officers to act to the highest professional standards at all times,” the city said Tuesday.
In another statement Tuesday, the Combined Law Enforcement Associations of Texas (CLEAT) said the accusations were “unfounded and unsubstantiated” and said CLEAT attorneys are representing Cortina.
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