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Carlsbad Current Argus - Carls
05 January 2007

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Former police chief sues Villa

LOVING Former Loving Police Chief Harvey Rodriguez says he is the victim of a conspiracy and his rights were violated when the Loving Village Council fired him two years ago.
The former police chief has filed a civil lawsuit in District Court seeking a court order that would enable him to work in law enforcement without fear of retaliation, and seeking an unspecified amount of money for damages he incurred after the Village of Loving fired him in 2005.

The suit, filed on Dec. 20 in District Court, names as defendants the Village of Loving, the Loving Village Council, Richard A. Campos, Miranda Darcy, Pedro H. Estrada, Arturo L. Munoz and James H. Rodriguez, individually and in their official capacities as Loving village councilors.

Rodriguez was hired as a police officer for the Village of Loving on Feb. 2, 1998. On Sept. 20, 2000, he was promoted to police chief. From May 2004 until his employment was terminated on May 9, 2005, he was not performing all his work duties due to an injury and a worker's compensation claim. On May 9, 2005, he received a letter from the Village of Loving terminating his employment. Rodriguez claims that he was deprived of his right to appeal the decision.

Before he was fired, Rodriguez was arrested in December 2004 and charged with driving while intoxicated. His driver's license was later revoked due to the DWI charge, making it impossible for him to perform his duties as police chief.
The termination letter sent by the Village stated that Rodriguez's employment was terminated, due in part to the revocation of his license and to the violation of the Loving law enforcement code of ethics. The DWI charge was deferred and later dismissed after Rodriguez completed a number of requirements, including DWI school and counseling.

According to the civil lawsuit, Rodriguez claims the village counselors conspired together to have him arrested on the DWI charge and to terminate his employment because he spoke out about an alleged cover-up of a drinking and driving crash involving Arturo Munoz Jr., 20, the son of village councilor Arturo L. Munoz Sr.

The single vehicle rollover crash occurred on Sept. 25, 2004, on Bounds Road near Loving. New Mexico State Police officer Pedro Estrada Jr., who is a cousin of the Munozes, did the official investigation of the crash something Rodriguez says was part of the conspiracy.

"Officer Pete Estrada suspiciously concluded that alcohol was not a contributing factor in Arturo Munoz Jr.'s accident. Plaintiff alleges that Pete Estrada Jr.'s investigation was part of a cover-up of the Munoz Jr. accident," the civil complaint states.

Rodriguez states in the lawsuit that he instructed former police officer Rachael Lassiter to prepare a report about the crash. That report was turned over to state police, but was not included as a part of the investigation of the crash, he states. Rodriguez called the state police district commander and complained, then continued to investigate the accident and refused to drop the investigation, the civil complaint states.

Rodriguez says the defendants then began conspiring to terminate his employment in retaliation for speaking out about the alleged cover-up.

"The defendants conspired to set up Plaintiff for termination by watching him when he was on his own time at any establishment where alcohol was served," the civil complaint states.

"On Dec. 10, 2004, Pedro Estrada Jr., acting once again as a New Mexico State Police officer, knowing that the Plaintiff and his wife, on Plaintiff's off duty hours, were celebrating her graduation from college, waited for Plaintiff at the intersection of Greene and Halagueno streets in Carlsbad, New Mexico," the civil complaint states.

"Pete Estrada Jr., as planned with the defendants herein, stopped Plaintiff's vehicle and despite Plaintiff passing a field sobriety test, insisted that Plaintiff had not passed the field sobriety test and charged Plaintiff with driving while intoxicated," the civil complaint states.

Rodriguez claims the actions of the defendants have caused him loss of wages, loss of earning capacity, loss of his ability to obtain work, mental anguish and emotional distress. He is seeking compensatory and punitive damages in the suit.

A similar lawsuit was filed in November by Lassiter, who claims she was fired after speaking out about the crash and the alleged cover-up. In that lawsuit, Lassiter stated that then police chief Rodriguez instructed her to write the police report about the crash, including the statements made by the Munozes and the actions of state police officer Pete Estrada. She was later terminated with little or no explanation, an action she claims was due to her honesty and refusal to participate in the cover-up.

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Article sourced from

Carlsbad Current Argus - Carls05 January 2007

Former police chief sues Villa

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Carlsbad Current Argus - Carls
05 January 2007