By Kirsten Crow
Corpus Christi Caller-Times
CORPUS CHRISTI, Texas — A former detention officer fired after officials accused him of using excessive force when he slapped an intoxicated homeless man at the City Detention Center shouldn’t get his job back, the Civil Service Board ruled Friday.
The three-member commission was unanimous in its decision to uphold the termination of Jesus Gomez, a 49-year-old former detention officer who had worked for the city of Corpus Christi for about six years before his firing May 16.
Gomez’s employment was terminated after an investigation into a reported incident April 20, at the City Detention Center in which city authorities accused Gomez of violating city policy and using excessive force against then-50-year-old Albert Rodriguez.
Albert Rodriguez, who was brought to the CDC after he was arrested on suspicion of public intoxication, could not be located to appear at the hearing, officials said.
Janet Kellogg, assistant city attorney, described the incident in her opening remarks as Gomez slapping Albert Rodriguez on the head after he complied with orders about removing his belt and shoes in a non-aggressive manner, as part of the intake process.
Gomez’s attorney, Eric Perkins, said Gomez has been injured by inmates at least six times while working at the detention center, and asked the board to take into account that officers frequently encounter hostile and dangerous inmates. He argued that Albert Rodriguez was behaving aggressively, and Gomez responded in the way he felt was warranted.
In turns, witnesses at the scene and watching the video interpreted the sequence of events differently. Variances included descriptions of Albert Rodriguez kicking off his shoe, flicking his shoe off, sliding the shoe toward Gomez and throwing the shoe.
In his testimony, Gomez said he felt the force was reasonable against what he considered a threat. His hand has been broken twice by a kicking inmate, including one man who pretended to untie his shoes before kicking him, he said.
Although Gomez received use of force training through a previous employer, the Texas Department of Criminal Justice, he contended that he never received training through the city on use of force policies.
The incident was witnessed and reported by Corpus Christi Police Officer Bernardino Rodriguez, who had brought Albert Rodriguez to the CDC in for booking.
“I felt uncomfortable about it and it was not proper how the prisoner was treated,” he said about making the report.
In testimony for the hearing, Ernest Garza, a supervisor at the detention center, described Gomez’s use of force as a “compliance strike.” Garza described Gomez as a good employee, but said he would have handled the situation by putting Rodriguez against the wall and handcuffing him.
Kimberly Jozwiak, Municipal Court administrator, said she was unaware of what kind of training detention officers received prior to her arrival in November 2012, but added that employees are given a standard operations protocol manual that includes the city’s use of force policies. Officers have taken defensive tactic training since that incident, she said.
Gomez has 10 days to appeal the ruling by the board to the City Council.