Complaint

Santo Porto, Lieutenant, Badge #
1343
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complain
employee ofh - C.ty of Brea
Page 3
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DISTRICT ATTORNEY'S OFFICE,
SPECIAL PROSECUTION UNIT
COMPLAINT REFUSAL
DATE :SUBMITTED: '1 u23-0B
Defendant
CUSrODY: [] IN [Xl our
ALCARAZ, MANUEL VICTOR JR,
Arresting Agency, BREA PD
12"23-07
_~_".".N=O,,-,-N=E,--_~_~
Victims Name
l
DR # 07-,12340
Chqrges Requested 240/242 Violation Date
Charges Filed
DOI3:~_, ..,
L
DaB:
_
II
Complaint Refused {detail below):
......L InsuffiCient Evidence
DAN HESS,
'(Deputy District Attorney)
EOl/et 'd
llSS 'oN
INdLS:S 600l 'S 'unr
MEMORANDUM OF INTERVI
OR ACTIVITY
Type of ActiVity:
Personal Interview
Telephone Interview
Records Review
Other
Date and Time:
Activity or Interview of:
Conducted by:
Shawn J. •
Special Agents Luis M. Velasquez and
Ronald D. Young
September 12, 2008
location of Interview/Activity:
Wendy's Restaurant,
City of Orange, CA
0UUj"'v'
Matter/Remarks
On September 12, 2008, Shawn J. • was interviewed reference his knowledge and involvement in
an alieged assault and battery involving Federal Air Marshal (FAM) Manuel Alcaraz and alleged
victim Roxana _
at the Brea Mall, in Brea, CA on December 22, 2007 .
•
recalled that he had been Christmas shopping with his mother and niece at the Brea Mal! on the
date in question and that as he exited the mall and walked in the parking lot toward his vehicle, he
observed a vehicle backing out of a parking space from the same parking row he was in.
stated
that the parking lot was very congested with both vehicle and pedestrian traffic at the time and that he
1---0bser-veEl-a-IFHek,wi1:FJ.-.a-male-eFiver--(Alc8F8z.),cQme:,amuRd-tl:te-cot:l:ler...:fr:ot:r-l-ar.lotl:ler-par:king-r:ow-and
cut off several vehicles in front of him and take the vacating parking space. • recalled that there
was another vehicle, with a lady driver _
waiting to make a left turn into the same parking
space and was "cut off by the truck". According t o . the lady driver then pulled her vehicle directly
behind the truck, which was not properly aligned in the space and "laid on the horn" yell~ at the
driver of the truck that he had cut her off and to get out as the parking space was hers. • said that
the yelling went on for a while, with the male driver yelling expletives at the woman to back up her
vehicle and the woman refusing to do so. • stated that he then observed the male driver exit his
vehicle, still yelling at the woman,to back up, and saw the male driver push on the woman's arm,
"
which was hanging by the driver's side window, in an effort to get her to move the vehicle. • added
that he heard the woman yell at the man not to touch her and that she was calling the police.
According t o . the male driver then produced a law enforcement type badge and said something to
II
II,
FOR OFFICIAL USE ONLY
PUBLIC DISCLOSURE TO BE DETERMINED UNDER 5 U.S,C, 552
_
MEMORANDUM OF INTERVIEW OR ACTIVITY (continuation sheet)
the effect "I am the police." The male driver then walked back to his vehicle and locked the doors
before walking away toward the mall.
•
stated that he was "so taken back" by the guy's actions that "I thOught'the guy was a security
guard atthe mall and was late for work or $omething." •
added that the male driver's actions were
so out of character and unprofessional for a real police officer and was the reason he stood by for the
police to arrive. • said it was later, when asked to view a line up by the Brea Police Department,
that he found out the male driver was a FAM.
. In concluding the interview,. stated there was no doubt in his mind that Alcaraz made physical
as they argued (when asked to demonstrate the contact on the interviewer's arm,
contact with _
the contact was more of a slap then a push). • provided an affidavit reference his statements made
during the interview,
A copy of the affidavit is ·included as an attachment to this memorandum.
FOR OFFICIAL USE ONLY
PUBLIC DiSCLOSURE TO BE DETERMINED UNDER 5 U.s,c, 552
STATEMENT
;:,<i?
Transportation
Security
Administration
, ha,1ng been duly SlYOm, hereby make the following statement to
~~~.,"---=:"'='=':'-';;;;;;"'=---=--:=-----J
who lIDs been identified to me as a federal law enforcement officer and special
agent ,,·ith the TrmlSportatioll Security AdmiIristration" Office of Inspection. I am making this statement of my OWll free will,
+INA
a
~Jz ey.,fhd h/:f ~ t(~d ?ff?tndttd :llJe 04,"~y _. 4
AlJ
-hi her do k,ry/L-Uj2. ~
Page 1 of d-.
Form INVD·S (Rev. 4/1/2007)
/rMA-b
04--/
t!
~
01/18/2008 08:5l11:AX
ITY OIF
~@~01J005
BREA PO~ICE RECORDS .
114SB07~41'
--,------~
REA
FACSIMll'E
COVER SH'EET'
BRr:A POlicE DEPJiJlTMIiNT
.
'I CIVIC. CENTER OIROLE.
NO. OF PAG:ES:.~..-.,....-~~~
(INCLfJIJINO COVER)
BReA, CALlFOIlNrA 9282.1-51a2
(714) 990-76,25
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lOCAT~ON:, pouce RECORD.S
LOCATION: ISA
~~I'::'(71~~D-1[q~---~-P~HO-N~E:(PCS(j~~3~l/()~~-'FAX: (114) 990 ..7641
FAX: 060'- Lf 3-- g131
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01/18/2008 10:00 FAX
7149907'641
BR£A POLICE REGOROS
IjJ004/005
On 12/22/07 at a~proximate]y 1'65S'hrs, 1 was diaplltched to 361 Brea Mall Rd. in referenoe t~ \l parking altl;lrca.tion
and possible battery investigdion. '
Ul,on my,an1vs.l, I met with the victim, Roxana _
who told me the following. ..gh~ and her Bon, Galo '.
~
".
0 the Brfla Mall to do some Chr~plng. They were in the'parking lot in her ve~J(}Je (graY-Lexus SAUG734) waiting f9r a driver to ptl 01.1 a parkin$; Sp?t. KINKAID said that immediately after that driver
pullod out of the at she was waitin r for a
.
II j to the li ot. She pulled in behind
the truck and honked at the driver to g.et out.
said she told the driver that she wa~ waiting on that spot,
~riv~r yelled ·;It her Md t~ kr'iEhr
, I
•.
erel" ~-le then whited his vehiole ansl
ut f1 badge, and sai III' a 1"c
. . • • ,. He walk~d over to KlNKAJ:D aiid
ve.
said that her window was down mid her foreaxm was
on,
' e WU$ unsure how :l1umy times he bit her and h~~Q 'liBil;l&<4~
FJNKAfD was nor desirous of any medical ~Uenl;jon at the time. _
said she bOOAlnB very frightcntld by his
""IJoo' and backed ho, ..Mol. a~ fTom h;~ (mok. Th' driver goibiiOkliiiO ttl. volrlcle pulled hi' . k.
out .
sli l)tly
und real igned biB Duck into the parking :jpot. He exited the vtlhiclc and waI,k~d towards JC pOI1nI;lY.
tlaid
that she YSlll~d at bim and (laid that she was calli.. g the poHoa llrJd was taking down his license plate.
.suId
that he told her) "Go ahead 1 don't care!" He ontered Ie PelU1ey and did not return to his vehicle. KINKA1D said she
W~\S deSirous of criminal prosecution and coUld id'~lltify the subject if 1~0en again.
V
I then spoke fa SANJTNBZ who told me the following, He ~aid he was in the fhmt pl1s50n~r 8~at with his mother
waiting for Q driver to pull out of a parking spot W'hCll another vehicle took their parking spot. _
snid tOflr
ill mother pulled j':I behind the vehicle and allked him to pull out of thnt spOt because thl::Y had been' waitillg lbr it. '
said that the driver began yelling at hi:; mother and told her liP "Back the C4Q& Bl?!", He saidhi9f\1oFhet did
.
$
exited the
wed them a bad tJ a "
olice officer
~ SAN
e subject slappl:ld hIS mot
ft forearm lind continued to yell at her to back up,
_
~ajd his mother complied and !:la-eked her vehiole up. The subjeot got haok into }lia truck and rea.l ignt:.d his
. /:tuck into the parkng spot. The drivel' then ex.ltid the truck and outered JC Pelll'ley. SANJINBZ said he could
identifY th/;o ddverif seen again.
.
{tilel;" 8'p~'k~' 't~"~'~t~~~"'~it~'~~'~: Sh~~~'_ ~h(l ;;;'l~ "~h; ;~~ici~~'l~~"~~ci'~~b~'~'~'~'d"lli~"~~t\~;';~~~~~~';' t~k~";l~o~,'
B.~ said he s a w _ parked and. waiting 1'01 another driver to pl1I1 out of the "rk{ng spot. l1li aaid tht1t· the
driver pulled out aud immediately after lmother '/emole pulled into the spot that
.
. .
. '
"
.
haJ""b';ii waiting for.
et
that wa~ her
ILL said tha.t barh drivers began to yeU at eaoh other, but he was unsure wb.at thc:y
. e t en sf:1W tho driver ofthe truok
out and walk over to
~Std her a badgo of SQme ,.
~e!.hen begaII to ~lap K:IN~s left foremn and telling her to back away from his truck. •
said that he
I3~W
back her vohicle up and that the driv~r got into his truck and realigned .himself pl'operly into
parking spot.
said the driver got out of his v"hicle and entered Je Penney. HXLL said he could t!lso identify. the
driver if fio¢n agaiu.
ll':an the t'egistered ;rWl1eT of the gra.y Toyota tJ:ue,k, 'which waS GeiU at'the soene and it was registered to a MauUl$l.
Victor ALCARf:\Z. T~e yt}hicle's registration a.dd'"ess was listed to a US Transportation Security Administration out
of 11'V1Lle. I.rqu the registered owner and was able to locate him in the ~AL Photo databaso (s~e attached). J did not
show the CAL In photl;l to the victim, so it is unknown whctUi:lr the RIO is the susj:leot. During the investigation I and
other units waited to 966 if the driver returned 'to his 'Vehiole, but never did. We did not go into JC Penney to look foJ' .
the suspect.
.
,
£0 l/Ol 'd
ll~g 'ON
01/19/2008 '10:0'1 HI(
7148901841
BREA POLICE REGORDS
(~
V I ,. I
~.J'tO
On 1-4-08, at apprQxlmately 0945 MOurs, thad Yictlm . . . . R.oxana, come to the Brea Police
Department in order to do a photographic lineup. Prior to ~ng her the Iln$Op, I had her read the
photographic lineup ,admonItion. She told ms that she understood and 'slgnect the bottom. I $howed ,
het the Hne'Jp of 'six malee, NO.5 being tlla male in quast/on, ALCARAZ, Manuel. _
looked at
the photo lineup for el couple minutes and advised rrra that she oOlJld nat be sure wh1~ale was.
I also 6pok~1 with her son, _
Gala. I also had him read the photographIc lineup admonition,
and he l!ldvlsad me that he~d and sIgned the bottom: 'show~d hIm the lineup of six males z
and Within seconds he picked out NO. 5 In the linaup, being ALCARAZ, Manuel. I her;! him clrcla No. Q
, on the photclcoPY and attached It to my report.
I contacted 'rSA and spoke With a male by,tM name of Ken, whO' advised rne that he could not help m~
wIth the situation, although,he would caU his boss that would call me b~9k.
A while later I spoke With ALCARAZ' qoss, _~. with the phone number of
She advl$~d me that she would gel in contact"Wlth"'ALC~ and haye him call me.
,
,
liOn this $l;lmH'day, ALCARAZ contacted mEl at the Brea Police Department. 'I questioned hlm'about this
'\ sUuatlgn, and he told me that the femalewhlch he, had a verb'ill altercatIon with was "crazy.n He told me
,. ~hat he was w~iting fo puHintl:l a:1'W'~ft1ltih(riJffla'-Mall.:.-=FlnarQ1~\tmrpa~s~n]llr~~Cl~~~
\
In th~ S
EI
ace ou I n Ie p l . . ,porrnnmv!SeO me1l4af1rtetl Rrl'1l\ArD1J'leolo pilll
. \
i0to th 5 ot at the same tIme J;;iS him. He iRlVlsea me tnanh(fsta~~oreaml~g-afhlmtfj€lnrwa6 her
,-sPOt
nelildacUo
ouf. .. Sfie tola him thlittdne
~ .ooJ:-S
6! than a<lvlsed her, "[ am ~ ponce 6f1icef;wpmrrngOilt ,his badge. H~lFien told he~tahe
\.'!C:{ neoded to bOld< up e've 10 e. • ag~m iOIOfiffifll1Ot >he·",,,,, goiii91o call lhe POI.lcer and hClil said,
~
."Le~etrl do S1n investigation.'"
,
~
~
f
~d ~ba't, he
b.~~
rn
Y'~~9~J2!~J~wafJ
" .'~\~rq~;~'ti~~~d"A'~CA'RA£;;"t;"th~"'f~~t'"th~t"h~'~~'ii~d"h'iS 'b~d~~"~~I,~,~~,o'~~~';~~~",~'~~t"h'~'~~~'-~-~~;;~"" '
offloor, why tIe dId not contact his ~mployr1ent after Ihe fact. He advlBsd me that he walked away In
'order to dlffusa the,situation. I alSo asked him why he did not stick around to talk to the police if he
believed she was going to c~J1 the police, and he advised again that he walked away to diffuse the'
. situation. He also told rna that hewent to t,e Brea Mall Seourity, whom wall very nearby, and advised
thsm ,of the s·tuatlon. I also asked ALOARJlIl why he did not call the police himself. due to the facUh~t
he pulled his badge Dut and advised the 'vIctim that he was the police, l;l.nd he told me he walked awr,JY
insteaQ. I asked ALCARAZ if he aSs8ultecl_ anq he told me he did not. I advised him th~~
there are twCl other witnesses that saw th·= assaLilt, arid he continued to tell ,me he did not 'ElSMult
-----------
".
OFFIGER
FED l:)Y
HCRT/179,
01/18/2~08
10;00 FAX
BREA
714SD07B41
141 003/006
POLIG~ R~CORDS
r
(.
"
M.O. FACTORS· FOA ALL THE:l=TS 8UAGLAI11ES ASSAULTS
~~ - whsre Incident ~CQU~d (residenoe, supermarket, ,construction 8lt~, etc.)' If report is El
theft fram vehiole, Indioate where vehlole. was located,(cfriveway, street, plArl<lng lot atc.)
p~ 1-</1-1 G $ rf2.u c-TVl~
, '
, ' "
TI::Im TVPI;, - 'fot' theft and 6hopllfting cal!l~f:I
o Auto Eu::cessorieB (tires, aJrbags, platEll:l, etc.)
o Bicycle
o PurM snatch
o Shop 11ft
o All others.
D,Knife/CutUng Instrument
D Other weapon:
o Pick Ppo/(st
o Coin-operated machlnG (vending machine, elc.)
Cl From buildlti9 :Jnc/uding resldenoes)
o From auto (personal,property, not part~)
YimQN USE[~ for QB'b'Aults and robbart;,~
H
tlFtrearm,
It Physical/Strong ,Arm
"
M5IHO.Q..,OF E1~rRY - for burglaries
o Unlof:}ked
0 Gut hQle
Pried
[I aody force
D Broka glass
0 Kick door
o
lJ Look punch
D Channal ]oQkS
0 6olH)utters
o Unknown
o Saw·drlll
o AMrnpt only
o Explosive
o Vehicle
o Slim-Jim
o Wall
'0 pass key
o Hid in bllHding
o Cut glass
0 Aamoved
0 Out padlock
o Common ceiling
o Cut 3Or~en
0 Doggie door
0 Lock box ~
D Srick-rook-oement
f.Q.lliI.QE'§H!HY: for burglaries
o Door ·single ewing
0 Door-garage
o WIndow· crank
o Ba.sement
o Floor
o 'Poor ·doubl$ swing
0 Window· sliding
.D Unknown
o Roof
o Door "6l1dlng
0 Window - non-hloveable
o Already on premises D Other
o Door .6ver.heao garage 0 Window ·Iouvered/scresn
il)iTRY LOCAT~m - for burglaries
o 'unknown
o Other
o Front
[I Hfl61r
0 Side
<-<
EI~~IAL CF,U!~r;S
COIVlP~OMIS~D
INFQ"AMATION- resulting from burglf\ry or theft
INFORMATION;
,
"B~E~i3s·'·'·'··" "~'-""'''''''B~~,~~~S~~~~~;N~u~;;;'-'"': -B"~:~i~~~~~~~~~~~~~~:~f.'
Cl Data of Birth
oriLiZ~D
'
0 Mothe'rs Maldan,Name
FOA:
tJ In·Store'lnst~nt Credit
[J Credit Oard Appllc8.tion
o Automobile Purqhase
0
Credit Card Number
o Fraudulent Bank'Account
8
Store/Retail PUrchlHJe
IntemeVMaii Order'Purcha$e
"",,"'"'~'2~~t'g:::~~;:6~"":"'
0
Other:
,0 Gell Phone,Account D Drivel'6 Llqense Fraud
Mortgage Loan
0 Utilities
B
Employment
0
Other:
NO DY~6
put a fraud alert all their aCCQUnts?
No DYes
Haa vlotlm contacted any of the lhree major credit-re.porting companies?
No 0 Yes
Has victim obtained copies of theIr oredit reports?
No 0 Yes
Additional fraud aceD mlallated on credit report(s)?
DNo 0 Yes
Old victim give anyon e permission to lise their persona I bankIng, Or credit intormtttlon?
Atnountof JOBS from fraudulent purchass(s), loan(s), credH, ato. 10 date'?
$-~~Howwas the fraud accompli$hed? (check, orooll card, jebl! card, phone, internet, etc.)? _~~
---:---~ __~~
Where werelndlvidupl acts of fraUd commItted? (pJaCS,address,etC)
~~~..,.;,...' _ _----::::;;;j_ _,=-:-_~
.
' - - . . . Add~ional Localiona Described Further in Report
No 0 Yes
Who ~c(jepted checl<i~ntg? . ,
"_ _ 16 Ihelr wltrlQSS information listed on from?
No 0 Yes
~art of document fill~(j oLlt In presence of witness?
:.._ Can p@rson Id61ntlfy suspect?
No
WaB vlde,o of incident taken? '
.
No
Yes
If YEl~l was videQ booked in wIth repOrl, along with copies of other evidence doouments?
0 No 0 Yos
. Copy of credit report(tf), documents (i.e.-check, oreditlbank stat&m~F1tg), and reoelpte attached to rflj'Jort7
No
Yea
Iden\ityTheft intorme.t1on flyer given to vJcllm?
"
No
Yea
~~s victim ,s~g~~ Fraudulent A~co~t Information Fleqll~~t FCllm1 _~
, . . ' 0 ~g
Ye~
~
Has vlotlr'rl
B
B
BYes
8§
~o
I
/77'~
77~~ 'O~I
,.
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Phone
Cell
October, 16 2010
Subject: Official Declaration Letter - Statement of facts.
To whom it may concern:
My name is
I am a Federal Agent with the Department of Homeland
Security. I have known Manuel Alcaraz for 9 years. We work together at the Federal Air
Marshal Service Los Angles Field Office. I am writing to inform you that I have engaged
in multiple discussions with Manuel Alcaraz regarding his involvement with a parking
confrontation at the Brea Mall. As I said we have discussed the case in its entirety on
numerous occasions that is to say that I am familiar with his accounts of the incident. I
would like to specifically mention that Manuel Alcaraz informed me of the incident
within a few days and has openly discussed the ongoing investigation until the present
time.
During his initial account of the incident and consistently thereafter, Manuel Alcaraz has
always maintained that the incident involved a middle aged Hispanic woman, and him
self. He also specified that the only other person present in the vehicle of the middle
aged woman was a small child (boy) approximately 8 or 9 years of age. No other persons
were present at the scene or in the vehicle.
I believe Manuel Alcaraz to be truthful and sincere with his accounts of the incident. He
is my friend and has absolutely no reason, or would gain no advantage being less than
truthful with me in regards to this incident.
I am more than willing to swear under oath to the facts of this document and any
discussions I have had with Manuel Alcaraz regarding this incident. I have provided my
contact information above. Please contact me with any questions or concerns. Thank
you.
Respectfully,
.
OLE/FAM
Los Angeles Field Office
PDA
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Page 1 of 1
October
13,
2010
TO:
Whom
it
May
Concern
FROM:
Subject:
Incident
involving
Manny
Alcaraz,
Brea
Mall,
December
2008
I
received
a
phone
call
from
Manny
Alcaraz
shortly
after
the
incident
that
took
place
in
the
parking
lot
of
the
Brea
Mall
in
December
2008.
To
the
best
of
my
knowledge,
I
recall
Manny
Alcaraz
telling
me
how
he
was
just
involved
in
a
situation
where
he
was
almost
hit
by
a
female
driving
a
vehicle
over
a
parking
spot
in
the
parking
lot
at
the
mall.
He
then
told
me
that
he
spoke
to
the
female
who
had
a
younger
child,
presumed
to
be
her
son
in
the
car
with
her.
He
said
that
he
told
a
security
guard
that
was
standing
at
the
entrance
to
the
mall
about
the
situation
that
had
just
happened.
Manny
Alcaraz
then
said
that
he
was
in
the
mall
for
only
a
few
minutes,
came
back
out
to
his
vehicle,
did
not
see
anyone
in
the
parking
lot
including
the
security
guard,
and
drove
home.
From
what
I
remember,
approximately
a
week
later,
I
saw
Manny
Alcaraz
and
he
then
told
me
that
he
was
under
investigation
by
the
Brea
Police
Department
regarding
the
incident
over
the
parking
spot
at
the
Brea
Mall.
He
then
said
that
he
was
told
that
there
was
a
third
party
who
saw
the
incident
and
the
third
party
claimed
that
he
(Manny
Alcaraz)
hit
the
female
driver
of
the
vehicle.
To
the
best
of
my
knowledge,
I
remember
discussing
with
Manny
Alcaraz
how
he
had
said
a
week
earlier,
that
he
only
saw
the
younger
child
who
appeared
to
be
the
female’s
son
in
the
car
with
her.
We
then
discussed
how
when
he
went
to
speak
with
the
security
guard,
the
female
had
already
driven
away
and
there
were
not
any
additional
people
around
the
area
where
his
vehicle
was
parked.
From
what
I
remember,
we
then
talked
about
how
the
only
other
person
who
was
present
at
the
time
of
the
incident
was
the
young
child
in
the
vehicle
with
the
female
driver.
October 1, 2010
Robert J. MacLean
310-218-6176
[email protected]
The first time Manuel V. Alcaraz approach me about this case was through an
email he sent me on December 15, 2009. (See attached) The email had an MS
Word file attached to it. (See attached)
A few days later we subsequently met several times and went over all of the
paperwork associated with his ongoing suspension.
I distinctly remember Alcaraz telling me that a little boy about 6 to 7 years old
was the only person in the car with her. He also stated that a black man walking
with a woman pushing a stroller watched the entire incident.
I will paraphrase what else he told me, "Why would I ID myself as a cop and hit
someone in front of so many witnesses? I would never hit someone right in front
of their already scared little kid."
I declare under penalty of perjury and the laws of the State of California that the
foregoing is true and correct and that this declaration is executed on October 1,
2010.
Robert MacLean
Gmail - Need your assistance
https://mail.google.com/mail/?ui=2&ik=cf1be3ffc8&view=p...
Robert MacLean <[email protected]>
Need your assistance
manuel alcaraz <[email protected]>
To: [email protected]
Tue, Dec 15, 2009 at 9:47 AM
Robert,
I need your assistance in my case. I went to POGo.org but they refused to take it. I am forwarding you an
attachment give me a call anytime. I hope yor case is going well. Thanks
Manuel Alcaraz
pogo letter.doc
37K
1 of 1
10/1/10 4:29 PM
December 15, 2009
My name is Manuel Alcaraz and I am a Federal Air Marshal employed by the
Department of Homeland Security (DHS), Transportation Security Administration
(TSA), Federal Air Marshal Service (FAMS), Los Angeles Field Office. I was involved
in an off duty related incident involving a dispute over a parking lot stall on December
22, 2007 at a local shopping mall. A woman, known to me as Roxann
is alleging
that I assaulted her by slapping her arm and claiming to have a witness to the incident.
There was no assault; it was a verbal dispute and nothing more. I was not charged
criminally or civilly. On April 24, 2008 I had a shoulder surgery (non-work related
injury) and on December 11, 2008, I had a second surgery on the same shoulder. I
exhausted all my sick and annual leave and was placed on (LWOP) leave without pay
from July 24, 2008 until May 27, 2009. I have supplemented my income through a
disability policy I purchased.
In August 2007, I was scheduled to rotate into a Training position within my field office.
Shortly after completion of the Firearms Instructor Training Program, I was told by the
Assistant to the Special Agent in Charge (ATSAC) Kevin Adams (soon to be my new
supervisor), that I needed to “cover up” the tattoos on my body that were visible.
Supposedly, a phone call was made and a complaint was made in regards to the nature of
my tattoos. Having working for the FAMS for a few years already, developed solid
relationships with my co-workers to include the Administrative staff, I was confused as to
who would file a complaint about my tattoos considering I had not acquired any new
ones since I began working. Shortly after this conversation, I was told that ATSAC Jon
Poisso would be rotating in to be the new ATSAC of Training and that he was the
individual that had an issue with a particular tattoo on my calf. I was hired with this
particular tattoo that is clearly visible and had never had a complaint or a problem with its
visibility. Once I was told where the complaint originated, I confronted ATSAC Poisso
in order to resolve the issue and to ensure that we were both comfortable working with
each other and that it was not going to develop into a personal issue that he had with me.
There are several other FAMs that have tattoos that are clearly visible. I was not sure as
to why I was being singled out. After my conversation with ATSAC Poisso, I felt as
though the issue had been resolved and looked forward to my time as an instructor in
Training.
Several days later, I was told that FAMS Headquarters had heard about the complaint in
regards to my tattoo and that I was to cover all of them if I wanted to be an instructor in
Training. Having thought that the issue had been resolved and that nobody was offended
by the tattoo, I was confused as to why my position in Training was going to be
jeopardized. I had another conversation with ATSAC Kevin Adams and decided that I
was not going to take a rotational position as an instructor in Training due to the nature of
this incident and the fact that I was being singled out. Because ATSAC Adams was no
longer going to be my supervisor and the tattoo incident had obviously not been resolved
as I had previously thought, I felt it was better to continue to be a flying FAM. However,
I asked to meet with SAC Jim McMurray, my current ATSAC Tami Greene, ATSAC
Kevin Adams and to ensure that everyone had the same understanding in regards to this
particular incident. I told SAC McMurray that I felt I was being singled out, it had now
become a personal issue with ATSAC Poisso, and that I would like to be removed from
the Training rotational position. After explaining my side of the story and relaying the
conversations I had with the above mentioned individuals on separate occasions, SAC
McMurray agreed to let me continue flying and not rotate into Training. Although the
issue had now been completely resolved through my entire chain of command, I still felt
as though I was singled out by ATSAC Poisso but did not have an idea as to what the
purpose of it was. Shortly after he rotated into Training, he was also assigned to the
position of Administrative ATSAC. The Administrative ATSAC oversees all
disciplinary issues and actions for the entire field office. Four months later, the parking
stall incident occurred, I was immediately under investigation and all letters regarding
this incident were signed and dated by ATSAC Poisso. As the process began, I still felt
as though the incident with my tattoo had prompted the expedited investigation of the
parking stall incident along with the misinformation I was being given and the unusual
treatment I was being dealt from my field office. The personal issue that ATSAC Poisso
developed with me now had propelled itself into this particular incident, as he was now
the signing official on almost all disciplinary letters I was receiving in regards to the
investigation. He was now a participant in this new investigation and I truly feel that had
the tattoo incident not happened, I would have been and would currently be treated
differently.
In the midst of my recovery, I was notified in July 2008 by the Office of Inspection that I
was being placed under investigation for the above incident and I needed to come in for
questioning. I agreed to meet with them and went to my Field Office, located on 2
Wrigley Irvine CA. I was questioned about the incident and asked to write a statement in
which I complied. In order to expedite the investigation, I was asked to take a polygraph
test. While under the medication necessary for my recovery, but with the hopes to
expedite the process, I agreed to take the polygraph test at a later date. I have been in
Law Enforcement for approximately twelve years; nine of the twelve years having been
with the Federal Government. I have never had any disciplinary issues or write ups. In
fact, you will find my record is filled with acclamations, in position increases and awards.
During the time of the investigation, I was under my doctor’s care and taking the
prescribed drug Vicodin. I was under this medication for over a year, prior to the
surgeries and then during the recovery process. I received a phone call in approximately
November 2008 from Arthur Ayala from the Office Of Inspection who was the assigned
agent to conduct my first interview. He stated that I needed to come in and answer a few
more questions to “wrap up the investigation.” I replied that I was under the impression
that we took care of all the questions at our last meeting, but he insisted that I needed to
come in to the Field Office. Again, I cooperated and upon my arrival to my Field Office,
I was escorted into a vacant office with Inspector Ayala and a polygraph examiner. I felt I
was being deceived simply because Inspector Ayala informed me that we were going to
be “wrapping up the investigation”, not taking a polygraph examination. Although I was
upset and felt I had been lied to, I cooperated and took the examination.
Prior to the start of the exam, I notified the examiner how upset I was at Mr. Ayala and
that I was taking a prescribed narcotic. The examiner proceeded to administer the exam. I
regret taking the exam not because “deception” was shown and I did not pass, but
because of the deceitful circumstances of the situation; Mr. Ayala gave the impression
that the investigation had been concluded and he never mentioned a polygraph
examination would be administered. Under the circumstances, I feel I should have never
taken the exam. I was interrogated for approximately 15 minutes by the examiner in
which I never admitted in assaulting the un- identified women. I told him “I can’t tell you
something I did not do.” During this investigation, I was informed that I was due for my
5 year background check renewal. I returned the questionnaire to the Office of Personnel
Management (OPM) on May 4, 2008; I was not aware I was under investigation for the
above mentioned incident until June 2008.
On Feb 20, 2009 I received a letter stating I was being placed on suspension with the
intent to revoke security clearance due to personal conduct. My (ATSAC) Kevin Adams,
came to my house in order to let me know that I was on suspension and he would need to
collect all work related items. I contacted Federal Law Enforcement Association
(FLEOA) and advised them I would need representation in this matter. I had attorney
Lawrence Berger representing me throughout this entire process. I responded/appealed
the suspension via certified mail, dated on March 9, 2009, April 7, 2009 and also in
another letter sent by my union attorney in May 2009, requesting a 30 day extension as
well as have all investigation material sent to both myself and my attorney to appeal the
decision to the TSA Chief Security Officer, Roderick Allison in Washington D.C. I have
yet to receive a response to my letters as well as a response to my attorney. I was
released to full duty by my medical doctor to return to work with no restrictions. I turned
in the necessary paperwork to my Field Office on May 27, 2009. I was contacted by my
(ATSAC) Greg Olgin at approximately 1050 hours on May 29, 2009 that I needed to
speak with my Deputy Special Agent in Charge (DSAC) Frank Donzanti, about my
employment status. I questioned him as to why I needed to come in and he stated that I
was now being placed on “suspension without pay” status. I told him I needed to consult
with my union attorney and I would get back to him. I never received a call back from
my attorney and advised ATSAC Olgin that I would not be coming in to sign the
paperwork. At this time, ATSAC Olgin stated that I was being placed on Administrative
leave, effective May 27, 2009, and that he needed my signature in order to change my
pay status from Leave Without Pay (LWOP) to Administrative leave with pay. I agreed
to come in the office in order to sign the necessary paperwork and met with them.
Upon my arrival to the Field Office, I was issued a letter stating I was being placed on
suspension for an indefinite period effective May 29, 2009. I felt I was deceived by
upper management to come in and sign these forms. I immediately contacted my union
attorney and advised him of the situation. I am technically still employed by TSA/OLEFAMS but I have not returned to full duty or full pay status. I have been advised by my
attorney Lawrence Berger that my rights have been violated in regards to due process to
appeal my case. If you feel that you can assist in appealing my case, please contact me
via email or telephone. My case is nothing more than an internal “witch hunt” from upper
management and I have been portrayed as untrustworthy person to hold a “Top Secret”
clearance. These accusations are false and I find them to be very offensive. I love my
country and was called upon after 9/11 to fight against terrorism and defend the safety of
this nation as well as the safety of its citizens. Along with my attorney, I have requested
an in person appeal to the Department of Homeland Security but was denied an appeal on
November 24, 2009. In the letter I received on November 24, 2009, it stated that the
decision to revoke my security clearance was therefore final and that I have had all the
rights and privileges to all information in order to prepare a proper appeal. Clearly, I
have not. On November 21, 2009, I wrote a letter to United States Secretary of
Homeland Security, Janet Napolitano, stating that my rights have been violated under the
14th amendment due process and that I have been deprived of all investigation paperwork
regarding to my case. I have yet to receive a response from her. Thank you for your time
and careful consideration.
Respectfully,
Manuel Alcaraz
Email: [email protected]
Phone: