Internal affairs records lengthy for some candidates in race for El Paso County sheriff
Two Democratic candidates for El Paso County sheriff received reprimands for using county stationery to buy rifle suppressors for personal use in a way that allowed them to evade federal waiting periods and taxes.
One of them also was reprimanded for having sex with the partner of a co-worker and falsifying pay records. Another faced multiple accusations of inappropriate conversations and touching with women co-workers.
El Paso Matters used public records laws to obtain the disciplinary records for each of the five Democratic candidates from their work at local law enforcement agencies. Three of the candidates with the longest law-enforcement careers – Robert “Bobby” Flores, Ryan Urrutia and Michael Gonzales – had the most extensive disciplinary records.
Democrats Flores, Gonzales, Urrutia, Raul Mendiola and Oscar Ugarte are seeking to replace Sheriff Richard Wiles, who is not seeking reelection and is retiring after 15 years on the job.
More: Big name endorsements shape El Paso County sheriff race in 2024 election
The primary election is March 5, and early voting runs through Friday, March 1. If no candidate garners more than 50% of the votes, the two with the most votes will head to a runoff election in May. The winner will face Republican Minerva Torres Shelton in November.
Two of the candidates – Flores and Gonzales – had more complaints on their personnel records than their rivals while working at the El Paso County Sheriff’s Office, records obtained through the Texas Public Information Act show.
Robert “Bobby” Flores
More: El Paso County Sheriff candidate: Robert 'Bobby' Flores
The disciplinary records show Flores had nine internal affairs complaints dating back to the 1990s, with four of them resulting in disciplinary action. Flores, 53, is a retired assistant chief who spent 33 years with the Sheriff’s Office.
In 2015, Flores was reprimanded for fraternization resulting from a sexual relationship with a co-worker’s partner, internal affairs documents show.
Wiles reprimanded Flores for violating the department’s code of conduct, improper on/off duty conduct, public confidence and fraternization.
“You engaged in misconduct by having a sexual relationship with another person who was in a committed relationship with another employee. This conduct is detrimental to and has an adverse effect at the workplace,” the disciplinary letter said.
Flores said that before the complaint was filed, he started dating a woman who previously dated another sheriff’s deputy. He didn’t think anything of it.
“We all have exes. This was a dating relationship,” Flores told El Paso Matters Tuesday. He said that after a few months, the deputy reached out to him and told him he and the woman were trying to work things out.
Flores said he was not initially aware of the circumstance and ended the relationship after the deputy reached out to him. Flores said the complaint stated they were still dating, however.
“I was kind of caught in the middle because he had his own story, she had her side of the story,” he said, adding he took accountability for the relationship.
In 2001, Flores was reprimanded by then-Sheriff Leo Samaniego for allowing two deputies to work a part-time security job while they were supposed to be on active duty. The documents show he also instructed them to falsify their time cards to show they were working at a department substation when they were actually working security at the Adobe Hacienda restaurant.
Flores also allowed the two deputies to arrive late to their shifts and leave early in order to work at the restaurant, but were paid for a full eight-hour shift, documents show. Flores was reprimanded for tampering with government records, violating professional conduct rules and civil service rules, among others.
The reprimand noted that Flores’ actions violated criminal law, though he was not charged.
Flores said the complaint was filed during a time when the department was in a pinch for overtime hours.
“The commander told us, ‘Look, if you can work with your people, and if they want time off in lieu of overtime, let them do that’ and I said, ‘OK, no problem,’” Flores said.
He said deputies would work security at football games or other assignments and then come into work. He said supervisors would give them credit for the eight hours in lieu of the three hours of overtime that were owed.
“When the issue came up, I said, ‘Yeah, that’s absolutely what I did,’” Flores said. “I mean, we were trying to cut back on the overtime.”
Flores said he ultimately took responsibility for the actions and did not repeat the mistake.
The most recent complaint on record occurred in 2020, when Flores was issued a letter of reprimand by Wiles for purchasing a firearm suppressor, or silencer, from a local company. The reprimand said he and other Sheriff’s Office employees – including Urrutia – used the department’s letterhead even though the suppressors were purchased by individual employees. The Sheriff’s Office does not use suppressors, documents state.
The purchases violated Bureau of Alcohol, Tobacco, Firearms regulations. By making the purchases look like they were for law enforcement purposes, the sheriff employees avoided federally mandated waiting periods and a $200 tax, the reprimand said.
Flores was reprimanded for violating the code of conduct, neglect of duty and professional image and appearance, among others.
Disciplinary records show Urrutia and Flores each received a letter of reprimand for the same internal affairs case involving the purchase of the suppressors.
“This may have been done to avoid the federal tax and long waiting period. In addition, Commander Flores may have obtained the suppressor for free in exchange for offering the company a vendor table at a law enforcement conference,” the disciplinary summary shows.
Flores said when he was communicating with the company, they were told there was no issue purchasing the suppressor since they worked for the Sheriff’s Office but would have to apply for a license and pay a $200 tax stamp if they were to leave.
“I thought, OK, no problem. I mean, I’m still gonna keep working so I said, ‘Here’s your money,’” Flores said, adding that the ATF later said the proper steps were not taken.
Flores said he turned in the suppressor then paid the $200 to purchase it properly.
“I was not doing this to circumvent any part of the law,” Flores said. “If there was anything that needed to be done, I was going to do what I needed to do to make it right.”
Ryan Urrutia
More: El Paso County Sheriff candidate: Ryan Urrutia
Urrutia, a commander in the Sheriff’s Office who has been with the department since 1996, also received a letter of reprimand for purchasing a suppressor and for not notifying the department that other employees had also purchased them.
“Your conduct constitutes neglect of duty in a violation of Office policy,” Urrutia’s letter of reprimand states.
Urrutia, 50, said that when the purchase was made, he was under the impression that the company was giving them the correct information on how to file the paperwork.
“I was really relying on their direction, (then we) come to find out we were not in compliance so I immediately surrendered the item purchased,” Urrutia said. “It was my wrongdoing in internal affairs and I took accountability for my actions and the sheriff issued me a letter of reprimand.”
Records show Urrutia has had five internal affairs complaints filed against him over the course of his career with the department. Three of the complaints resulted in letters of reprimand.
In May 2003, Urrutia received a letter of reprimand from Samaniego for neglect of duty when he didn’t turn in 12 traffic citations.
“Your behavior in this incident will not be tolerated,” the reprimand stated.
Urrutia, in a phone interview with El Paso Matters Tuesday, said he was a young patrol deputy at the time and misplaced the paper citations.
“It was an oversight on my part (and) I went in there and took responsibility for my actions,” he said.
In September 2012, Urrutia received another letter of reprimand for violating the vehicle pursuit driving policy when he let an unmarked vehicle participate in a pursuit. The unmarked car did not have sirens, identifying markings or emergency lights.
“As a supervisor you should have never allowed the unmarked unit in the pursuit,” the reprimand letter states.
Urrutia said at the time of the investigation, he realized he made a mistake and took responsibility for it.
“Ultimately, as the supervisor, that fell on me to lead that division and the sheriff understood and appreciated the fact that I took the responsibility for it,” he said. “I received a letter of reprimand, which I was fine with because I understand what I could have done better.”
Michael P. Gonzales
More: El Paso County Sheriff candidate: Michael P. Gonzales
Gonzales’ disciplinary records show he had 20 internal affairs complaints filed against him over the course of his 22-year career with the department. Gonzales, 48, retired as a sergeant in 2018 while under internal investigation. He is currently an El Paso Independent School District police officer.
Half of the complaints he received while at the Sheriff’s Office resulted in disciplinary action, including six instances where he was suspended from duty.
His final internal affairs complaint in 2018 was for a civil rights violation, internal affairs documents show.
The El Paso County Attorney’s Office said there is no disciplinary letter on file because Gonzales retired before the investigation was officially concluded. Gonzales also retired without giving a statement to internal affairs investigators, documents show.
Gonzales told El Paso Matters that he could not immediately respond to a full interview, but briefly said he was a young officer and made mistakes. He said he has learned from them.
“I’ve always taken responsibility for all my actions, so the most important thing is that everything I’ve done, I’ve learned and made sure that they’ve never happened again,” Gonzales said.
The case summary for the incident shows Gonzales was being investigated for arresting the owner of a bar in Canutillo for public intoxication despite other deputies testifying that the owner was not intoxicated to the degree of being a danger to herself or others. Gonzales also ordered deputies on the scene to turn off their body worn cameras during the investigation, documents show.
In 2017, Gonzales was given a two-day suspension without pay for using his personal social media account to criticize the combined Search and Rescue Team. In the report, Gonzales said the post was an attempt to show pride in a search and rescue team he led and his comments were not directed at any one individual or disparaging to the office.
In 2012, Gonzales was suspended for 15 days without pay after a series of events that started when he twice hugged and shook a woman deputy. He then criticized the deputy for telling him that she did not want to be hugged by him.
The disciplinary letter shows the deputy told Gonzales, after he hugged her the second time in one day, “‘Hey (sarge) don’t be F… hugging me,” or words to that effect and said she did not like people invading her personal space. Gonzales then asked her if she was ‘bitter’ and referred to her as a ‘grinch.’ He also told her that they would get along because he likes ‘invading people’s personal space,” the reprimand said.
A week later, Gonzales pressured the deputy to attend his Christmas party. Gonzales also cornered her about filing an internal affairs complaint and subsequently asked another subordinate deputy what it was like to sleep with her.
“It is difficult to imagine a more inappropriate dialog with a subordinate, especially when it is apparent your interest was strictly prurient,” the disciplinary letter stated.
In 2008, Gonzales was suspended by former Sheriff Jimmy Apodaca for three days without pay for insubordination after he disobeyed an order from an internal affairs investigator to not discuss the nature or details of a pending investigation.
He was also suspended in 2008 for 10 days without pay by Apodaca for harassment involving a female deputy he made feel uncomfortable. The disciplinary letter states Gonzales left a post-it note on a music CD after borrowing her key card that read, “The reason I took so long at headquarters, I was looking for a hiding place for us to hide and no one to find us,” documents show.
The deputy stated, “When I read this note it made me feel like I was cheating on my husband. I felt belittled. I felt like if I had done something wrong.”
Gonzales also used the department’s data system to send her multiple unwanted messages, documents show.
“You have engaged in conduct on-or off duty which has a tendency to destroy public respect for you and/or the office and/or destroyed confidence in the operation of the office, and you have engaged in conduct and communication that are detrimental and/or has an adverse effect at the workplace,” the disciplinary letter states.
In 2002, Gonzales was suspended by Samaniego for four days without pay for speeding and causing a traffic accident for a call he was not dispatched to respond to.
Raul Mendiola
Mendiola’s internal affairs records show he was disciplined twice during his seven years on the El Paso police force. Mendiola, 73, retired from EPPD and now works with the Ysleta Independent School District police department.
One complaint was due to a department-wide email he sent to sell his bedroom furniture; the other was for refusing to work with a partner on a day he said he was sick.
He was issued two letters of reprimand, one in August 2013 for dereliction of duty and violating the city’s email policy, the other in October 2013 for dereliction of duty and insubordination.
Mendiola said he did not recall getting a letter of reprimand for sending the email.
“It was a long time ago,” Mendiola said in a phone interview with El Paso Matters Tuesday, adding he recalled receiving an email about the issue, but he did not remember signing a letter of reprimand.
The letter of reprimand issued to Mendiola on file is not signed by him, although it is a part of his personnel record.
Mendiola submitted a rebuttal letter in November 2013 for the reprimand regarding the second charge, stating he did not violate policy, nor was he disrespectful to senior officers
Mendiola signed the letter of reprimand, but also said he submitted a doctor’s note to show he was sick.
“I did provide proof that I was sick,” Mendiola said during the phone interview.
He resigned in February 2014, documents show.
Oscar Ugarte
More: El Paso County Sheriff candidate: Oscar Ugarte
Ugarte, 40, did not have any complaints on his personnel file from his time working for the City of Socorro Police Department, internal affairs records show.
He was an officer for the department from 2005 to 2007. In 2007, he became a court bailiff for the El Paso County Council of Judges. His human resources file shows no complaints filed against him while serving as a court bailiff, according to the County Attorney’s Office in response to El Paso Matters’ open records request.
Ugarte was elected as constable for Precinct 1 in 2016 and re-elected in 2020. Constables don’t have an internal affairs unit or similar internal investigation function used by other, larger law enforcement agencies.
Ugarte said he goes to work and tries to do his best and follow policies and procedures.
“I’m proud of the 20 years that I served this community,” he said in a phone interview with El Paso Matters. “I go and work and I’m happy and then try to do my best and serve every person here to the best of my ability.”
This article originally appeared on El Paso Times: Sheriff race: Internal affairs records lengthy for some candidates
