Our Sheriff Should Concentrate on the Sheriff's Office

My intense study of DASO, including interviews with most everyone I could talk to, leaves me with further questions. 

One is whether Sheriff Enrique Vigil is violating NMSA Section 29-7-6.1 requiring new sheriffs without “a certificate attesting to completion of a basic law enforcement training program” to “complete an administrative law enforcement training program” within twelve months. Vigil apparently looked into taking a course, but there's no record he completed an appropriate law-enforcement course. He may now be contending that his training as a U.S. Marshal many years ago exempts him. Is he right? Or breaking the law? I've asked the appropriate state agency for its interpretation of the statute. No answer yet.

Are the people unhappy with Vigil and Undersheriff Ken Roberts a small group of malcontents, as management suggests, or a departmental majority, as the “malcontents” assert? I can't say, but I've had exactly one person contact me to speak up for management, and quite a few on the other side. There are a lot of complaints by a lot of good current or former employees. Still, being numerous doesn't make them right.

In any case, the existence of large numbers of angry people, inside DASO, ex-DASO, or dealing with DASO, isn't a good sign. Vigil and Roberts have rightly fought for higher pay for deputies. (I applaud them for this.) It seems significant that, despite that advocacy, they are not nearly so popular as Vigil appeared to be less than a year ago seems significant.

Should Vigil (as some friends have advised him) jettison Roberts as undersheriff? Could he then turn his remaining two years as sheriff into a success? We'll see. One knowledgeable source told me recently, “the complaints I'm hearing now are mostly concerning the Undersheriff.”

Most all the top law-enforcement people are gone and/or unhappy. Vigil-Roberts has stripped DASO of experienced command staff, exposing the county to potential lawsuits and citizens to less certain protection. (See my columns January 29 and February 5 (SWAT incident), Sheriff Vigil's on February 5, and my comment on his column.)

Meanwhile, Sheriff Vigil is said to have aspirations to run more than DASO.

Vigil said that in January 2017, with a new county commission, County Manager Julia Brown would be gone quickly. (Brown says that shortly after a conversation with Vigil, she received an unsigned note warning her she'd be gone soon.)

Vigil then did a lot of politicking. He contributed to the defeats of former commissioners Wayne Hancock and Dr. David Garcia. People tell me he was of major assistance in new Commissioner Ramon Gonzalez's victory over Garcia. Vigil clearly campaigned against Hancock, whom Isabella Solis beat in the Democratic Primary. John Vasquez ran successfully for the seat vacated by Commissioner Letitia Benavidez. I don't know Solis, but she doesn't strike me as a pawn of Sheriff Vigil. Vasquez certainly strikes me as an independent person, a war veteran and a political progressive who has a strict sense of right-and-wrong and is likely to act on it. 

The holdovers are Billy Garrett (another bete noir of Vigil's) and Ben Rawson. They don't agree with each other much; but I believe they both know that the County ought to be run by the commissioners.

I've criticized Ms. Brown sometimes. More often, I've been quite impressed with her. She should stand or fall on her merits, not because Sheriff Vigil finds her presence inconvenient. (Note Vigil's winless record in lawsuits against the County.) The Commissioners should take the necessary time to figure this out themselves.

As for Sheriff Vigil, he'd do well to concentrate on the job to which we elected him.

                                                       -30-

[The above column appeared this morning in the Las Cruces Sun-News this morning, Sunday, 12 February, as well as on the newspaper's website and the KRWG-TV website.  I've since learned that at Tuesday' County Commission meeting Ms. Brown's contract will be reviewed.]

[After writing the column, I learned something further that had me shaking my head again.  I'd omitted statements that Vigil and Roberts planned to fill the higher positions within DASO with cronies from elsewhere.  It was a prediction that could prove inaccurate.  

Then a couple of days ago, someone from DASO called me.  A memo had been circulated saying that, by the way, openings for promotion to captain and major had been posted -- about ten days earlier, the previous Monday -- and would close in about ten days -- the following Friday.  They were also advertised externally.  It'll be interesting to see how that goes.]

[Undersheriff Roberts responded in today's (Sunday's) newspaper to my column last week on the SWAT incident.  (I haven't found his column on-line yet, or I'd include a link to it.)  It's well-written, and sounds good, and I wish he'd deigned to respond to me in person.  However, there are points in it I don't understand.  Several sources said eight people were on the scene.  Roberts says there were "23 available DASO staff members on the shift."  That's different.  He proclaims: "It is always easy to be a Monday morning quarterback, but those who are at the scene aren't afforded the same clarity when making critical decisions that are matters of life and death."  

I agree; but it's precisely the folks on-scene, in their written reports, who criticized Roberts (who was not on the scene).  Other current or former DASO personnel and a national expert seconded those criticisms.  I'm just sharing them with the community, after checking everything out as best I could.

Interestingly, too, the official story seemed to change a little after my first of these three DASO-related columns appeared. 

I remain, as Mr. Roberts suggests, "an ardent advocate for civil rights protections, [and] against excessive use of force or a militarized police force."  However, I am also for reasonable protection of the public and the police themselves.  A lot of people who know more than I about this subject felt that DASO didn't provide that as well as it should have on this occasion.]

[On  purely trivial note: In their responses, both Kiki and Ken start with my full name, "Peter Powers Goodman," as if they find it significant in some way, or amusing.  Which is fine.  It does sound a little funny.  My mother chose my middle name to honor one of her twin brothers, Perrin and Powers.  Powie was the more mischievous and adventurous of the two.  Soon after their service in Europe during World War II, Powie died in a car accident.  I arrived a year or two later, or maybe just a few months.  Powers himself was so named because a dozen generations earlier, 14-year-old Walter Powers had come to this country from Scotland.  In 1648, I think.  Generations with the last name Powers followed, mostly farming but also teaching, and serving in wars, down to my great-grandfather Clarence Powers, in Fort Fairfield, Maine.  Powers was my maternal grandmother's maiden name.  If any of that amuses the Sheriff and the Undersheriff, or seems relevant in rebutting my columns, they're welcome to use it as they like.  It's public information.  As to me, I don't often think about that stuff, but if I do think about it, I wear that name proudly.]

More on the Doña Ana County Sheriff's Office

I'd urge folks to read Sheriff's Vigil's "response to Peter Powers Goodman's column."

I had written two recent Sunday columns (and blog posts) on the Doña Ana County Sheriff's Office, Problems Again at Doña Ana County Sheriff's Office and Doña Ana County SWAT Team Hampered by Unusual Ground Rules.  Sheriff Vigil had declined to return my phone calls but did publish this response Sunday in the Las Cruces Sun-News. 

I have long agreed with Sheriff Vigil that DASO law-enforcement personnel should be better paid. I also advocated fairer treatment for them under the previous sheriff. I voted for Mr. Vigil.

Sheriff Vigil also misread my initial column if he thought it was about sacking Undersheriff Lerma. That's Vigil's prerogative; but eliminating Lerma and installing Roberts has proven unwise.   I'm no expert on running a law-enforcement agency. Maybe Vigil could have appointed someone who was a vast improvement over Lerma (although Lerma had extensive pertinent experience). But unfortunately that isn't what Sheriff Vigil did, according to all but one of the folks I've talked to.

Below, I've taken excerpts from Sheriff Vigil's column, mostly italicized, and added my response to his comments:

As I've noted, I repeatedly sought to discuss these matters with Mr. Vigil. He states now that he “decided not to interview with Mr. Goodman because I feel he has not been objective in previous columns he has written concerning the Doña Ana County Sheriff’s Office. I cannot discuss pending litigation or personnel matters. Finally, we cannot compromise officer safety by revealing tactical strategies with respect to SWAT operations.”

Objectivity: I have striven to be objective. I hope and believe I've succeeded. I have no political or personal animus toward Mr. Vigil, for whom I voted. Further, he knows of things that I did not publicize, or delayed publicizing, during his battles with county administration; and others have criticized me for writing too sympathetically to Sheriff Vigil. (I recall criticizing certain positions he took in lawsuits; but I said essentially what judges later wrote in their decisions – so unless he also considers all those judges biased, then this can't be the basis for his allegation.) In any case, I invite Sheriff Vigil to point to some specific evidence, such as something I've written that's false and negative concerning him. He offers none.

I agree that Sheriff Vigil is severely limited in what he can say about pending litigation or personnel matters. That can be unfair: an aggrieved employee can speak privately, but a supervisor risks legal problems if s/he does so.  Thus to some degree we must wait and see; but the sheer numbers of people who are gone or unhappy should be of concern to anyone who cares about good law-enforcement.

However, it's pure nonsense to say he “cannot compromise officer safety by revealing tactical strategies with respect to SWAT operations.” First of all, the basic “tactical strategies” are outlined on the website of the National Tactical Officers Association, taught in classes, and studied extensively.   Second, my IPRA request yielded documents, with only the names of certain parties redacted for reasons I agree thoroughly with. IPRA has an exception for investigatory documents that reveal confidential sources or methods.  If there were confidential SWAT team methods revealed by those documents, they should have been redacted; but there were none.

I agree with much of what Sheriff Vigil says:

“I promised changes in DASO. These changes were transforming DASO from a traffic citation quota system into a department that is engaged in community-oriented policing.”  I agree with his de-emphasis of traffic tickets. (In my youth I got too many of them.)

I agree thoroughly that DASO law-enforcement personnel should be better paid. I've said so often. I was troubled by the County's appeal of If there's a way I can help, let me know.


I agree that Ken Roberts makes a good first impression. We first met him as we emerged from voting for someone else in the Democratic Primary for Sheriff, He was standing by a truck advertising his own candidacy. During our brief conversation, he thoroughly looked and sounded the part. I immediately wondered whether maybe we should have voted for him. I just wish Roberts's positive qualities were turned toward more often toward improvement of the department.

Unfortunately, he apparently hasn't panned out so well. In discussing him with others recently, “ambitious” and “vindictive” are the most common words in the conversation. “There's just something really wrong with that guy,” a non-DASO person who has dealt with Roberts complained to me this week.

Obviously I disagree that Roberts has demonstrated “leadership.” I did have one person contact me to defend Roberts, and passionately argue that he was doing a great job; but most accounts have been sadly different from that. Real-life “leadership” is a more complex skill than Mr. Vigil suggests, and while it can occasionally create widespread resentment, as it does in the movies when a tough but fair military commander forces pilots to their limits because he must, that kind of resentment more often develops from bad management or the kind of “cronyism” some accuse Vigil and Roberts of.

Nor was his background auspicious. Here, folks who've worked with him generally didn't rate him highly as a detective. Undersheriff Roberts was also a policeman for several years in Shawnee, Oklahoma, many years ago. That ended badly. Demoted, he sued the department; and his lawsuit did so badly that he ended up getting ordered to pay money rather than collect it. He also went to the Border Patrol School several years ago, but apparently never got hired and never returned to try again. And he was apparently in the military police, with the Air Force.

Sheriff Vigil's “defense” on the SWAT Team debacle was no defense at all. A better defense would have been to admit the facts, call this a glitch or an exception, and state that Roberts will trust what the men on the ground are telling him a little more next time.

I applaud Sheriff Vigil's desire “to develop and oversee programs that promote positive community outreach and race relations.” However, he adds, “Unfortunately, the current county management has interfered and thus far prevented us from achieving these much needed goals.” If he ever talks with me again, I hope to hear more about that.

I'm also puzzled by some of his comments.

He says he “received numerous complaints from the public” when he appointed Eddie Lerma as his undersheriff; but my IPRA request to DASO for complaints from the public about Lerma yielded none.  

He says Ken Roberts “was the favorite candidate among the progressives. Ironically, Mr. Goodman is now questioning his qualifications and professionalism.” I had never heard that Roberts was the favorite among progressives. I saw candidates J.R. Stewart and Curtis Childress most often at the P.V.A.

He writes, “The state Department of Public Safety has my credentials and certifications. I completed the required courses provided by the New Mexico Association of Counties and the New Mexico Sheriff’s Association in January of 2015.” However, (a) oral and written IPRA requests to the Attorney-General, the state police academy, DASO, and the County yielded no hint that he'd taken the Sheriff's Association course in January of 2015. In fact, I thought the NMAC course and the NMSA courses both occurred in the second week of December 2014, making it tough to attend both.


I wish Sheriff Vigil well.  He holds an important position in our community, and can improve or weaken law enforcement and the relationships between law-enforcement and citizens.  I believe he has some good intentions.  I also believe he's made some mistakes.  He has nearly two full years left in his term, and I hope those will be so successful that if he seeks re-election we all avidly support his campaign.  

Dona Ana County SWAT Team Undermined by Unusual Ground Rules

Internal reports and other sources charge that Undersheriff Ken Roberts endangered lives by limiting a SWAT team's tactics January 18^th. “That undersheriff is going to get someone killed,” one said.” Several said SWAT team members were “furious.”

A dangerous armed fugitive, Sergio Ayala, wanted for aggravated assault with a deadly weapon, was inside a house in Vado. A judge issued a search warrant. Deputies suggested calling out the SWAT Team.

Roberts limited the team to eight deputies and limited tactics. Internal reports criticize these decisions. “We as a team failed to serve the public and place their safety above that of a wanted violent felon,” concludes one.

An “After Action Report” by the SWAT Team commander, dated after criticism surfaced, alleges deputies were uncertain Ayala was in the house; but according to supplemental reports and a sworn statement to a Judge, who “COMMANDED” them to search the place and seize Ayala if they could, they were certain.

The commander's initial “Incident Supplement” had noted that a female witness who'd confirmed Ayala was inside “changed her story” and said that “Mr. Ayala ran outside through the front door” at a time when deputies “had containment on the residence and nobody ran out of the front door.”

I'm no expert. Because local officers can't talk on the record, or might be biased, I consulted a top national expert, NM court-recognized Don Whitson. Normally, DASO follows National Tactical Officers Association guidelines. [See the NTOA website]

Whitson said that generally, sending just eight people when more are available is “outrageous and patently unsafe,” as is ignoring “life-saving tools they are trained on.” Except in very limited circumstances, twenty is standard. SWAT situations involve too many different roles, tasks, and contingencies.

Roberts let the team toss in a “throw-phone” to facilitate negotiations. Ayala didn't pick it up and ignored orders to come out. The team spent seven hours there. “The community was held in virtual lockdown.” Roberts stuck by his limitations. He reportedly gave “specific orders not to cause any property damage and restricted the team of what tools could or could not be used.” Eventually the team left, unhappy to leave Ayala at large.

Using progressive tactics saves lives – of officers, neighbors, and even suspects. If the suspect ignores throw-phones and verbal commands, robots can be sent in, locating the suspect without endangering officers. Police can explode a “flash-bang diversionary device,” creating a humongous noise and a blinding light. They can create a “tactical dilemma” by exploding the FBDD out front while breaching a door in the back. That confuses the suspect and says, “we have what we need to bring you out, preferably without injuring you.” Tear-gas can be tossed in. Windows can be broken, helping locate the suspect without unnecessary risk. Eventually, a force can enter the house and find the suspect.

Whitson said that in all his years of litigation consulting, he's “never heard a reasonable explanation” for ignoring standard steps. He added that had someone been injured under these circumstances, he'd have no hesitation saying that the commander would be fully liable.

I tried to ask Roberts why. So far, no response.

A State Police SWAT team captured Ayala in Anthony a week later. A team member said, “Just as we were making our approach he went mobile in a vehicle. There was a short pursuit, and then a very short foot pursuit, and he was taken into custody without incident.”

I asked how many men they'd taken. He answered 22. I noted that the DASO Undersheriff had authorized only eight. “It's hard to do the job with only eight people,” he replied.

In that week, Ayala allegedly committed additional crimes, including forcible imprisonment. He didn't shoot or kill anyone, so far as we know; but he could have.

                                                                -30-

        

[This column appeared in the Las Cruces Sun-News this morning, Sunday, 5 February 2017, as well as on the newspaper's website and KRWG-TV's.  I invite comments and criticism -- and contacts from others at DASO who agree or disagree with anything I've written in this column or the initial column in the series, Problems Again at Dona Ana County's Sheriff's Department.  I'm interested in hearing from everyone with knowledge and from folks with a wide variety of opinions.] 

[Sadly, Sheriff Enrique Vigil and Undersheriff Ken Roberts have declined to answer any of my questions on these matters.  Vigil has, however, penned a rebuttal to last week's column, and it appears near my column in today's Sun-News.  I urge interested citizens to read it.  I'll respond in a blog post within the next couple of days, but not in a Sun-News column. For now, I'll just note that it isn't Sheriff Vigil against me:  I agree with the Sheriff on many things, including better pay for DASO law-enforcement folks, some de-emphasis of traffic citations, and certainly getting rid of quotas; but if what I'm hearing about his cronyism and favoritism has any merit, as it appears to, we differ on that.  

Really, it's Sheriff Vigil and Undersheriff Vigil against some number of present and former DASO law-enforcement personnel.  It seems to be fairly widespread, but Vigil and Roberts would say it's a few malcontents or people who weren't performing well. Many of those complain mostly of Roberts, and believe that if they could talk to the Sheriff he'd do the right thing; "I'm hearing complaints mostly about the Undersheriff now, not the Sheriff," said one source; and there's a believe that Vigil could still save his tenure by jettisoning Roberts; but some things preceded Roberts and/or could not have been ordered by him.]

[Apparently Roberts was briefly on the SWAT Team a while back. He reportedly couldn't meet physical standards. Leader Armando Gonzales warned then removed Roberts. That's common sense. If the physical standards require someone to get over four six-foot fences in 20 seconds, Roberts could endanger his partner. If the partner gets there on time, s/he arrives alone. 

Interestingly, when Roberts became Undersheriff, Gonzales, who'd been running the training department well, was banished to patrol, for reasons unclear. Gonzales retired.]

[For those particularly interested in the SWAT standards and policies, the National Tactical Officers' Association standards and a study on them are available at https://ntoa.org/
One of the more interesting results of a study done by or for the NTOA is that agencies with SWAT teams indicate that they are eight times more likely to use less-lethal solutions than lethal force when they call out the SWAT Team.  That is, without the SWAT Team callout, police are eight times more likely to use lethal force.  Presumably a large and well-trained SWAT Team, using the kinds of progressive tactics recommended by the experts, intimidates a suspect into surrendering or has the capacity to locate then disable and/or capture the suspect without using lethal force.
Also of interest is Mr. Whitson's website.]

Problems Again at Dona Ana County's Sheriff's Office

Is Doña Ana County Sheriff's Office a disaster waiting to be exposed as such? [Three columns will explore that question.] 

Sheriff Enrique Vigil lacks relevant experience. He was a long-time U.S. Marshal; but he hasn't dealt with state laws or the variety of situations a cop faces. He's not a state-certified law-enforcement officer. 

Vigil wisely compensated for that inexperience by naming Eddie Lerma as Undersheriff. Lerma had served two other sheriffs as undersheriff, had many years of experience with DASO, and seems generally respected. 

But Vigil soon replaced Lerma with Ken Roberts, a far less experienced DASO officer who reportedly told five deputies he had “axes to grind” with formerly superior officers, though Roberts has denied that. (Vigil, who's free to choose his undersheriff, announced he had accepted Lerma's resignation; when others called to congratulate Lerma, he was startled to hear he'd resigned.)

Roberts makes a great first impression but has limited qualifications. Before getting demoted, he was  a police sergeant in Shawnee, Oklahoma, many years ago. He served in the military police. He failed to complete the Border Patrol training program.  In 2008, he applied to DASO as an uncertified cadet. Folks in and outside DASO don't give him high marks as a detective.

Good officers are fleeing DASO. “Hundreds of years of experience have been lost,” a current DASO officer said recently. 

“They'll say they're cleaning house,” said a former officer. “That we don't fit in with their philosophy. We don't. We don't fit in with a philosophy of favoritism, cronyism, head-hunting, and lying.” LCPD Chief Jaime Montoya confirms that in asking DASO refugees why they wanted to make a change, he's hearing complaints of “targeting of officers.” I've heard the same from several, have read it in formal complaints, and wouldn't be surprised by a new flurry of lawsuits.

Current and former officers paint a consistent picture: senior officers who speak up or ask questions get punished; officers are threatened, or receive written reprimands for minor offenses that go unpunished in others. 

There are allegations of Whistleblower Act violations, bullying, and harassment. There are allegations that people who should be terminated are not, and that hirings and promotions are made easier for friends and allies. That sort of office politics is annoying anywhere; but with people who take guns into difficult situations, it could prove dangerous. (Some also say Roberts's relative inexperience with SWAT teams negatively affected a SWAT call-out earlier this month.)

Many officers believe (or hope!) that Vigil often doesn't know of questionable decisions by Roberts. They say they can't talk to Vigil, that Roberts always says “I've spoken to the Sheriff, and he agrees with my view on this,” but that in a couple of cases where an officer who heard that ran into Vigil later, Vigil said he knew nothing about it and would fix it. I hope they're right. I believe people close to Vigil have warned him that Roberts could bring him down.

Deputies who talk with me fear retribution. County officials say that Vigil and Roberts seem a lot more interested in identifying the complainant than in the merits of the complaints. Vigil asked Montoya which DASO officers had applied to LCPD. Montoya declined to answer. DASO set an event for the day LCPD had scheduled tests for applicants. 

Vindictiveness may play a role in what's happening. (One senior officer's complaint claims Roberts said he'd retaliate against the officer.) But I'd note that neither Vigil nor Roberts knows much about running DASO. When you're out of your depth, it's tempting to eliminate anyone who might recognize your mistakes or speak up about them. 

                                                  -30-

[The column above appeared in the Las Cruces Sun-News this morning, Sunday, 29 January 2016, went up on the newspaper's website the newspaper's website Saturday evening, and on KRWG-TV's website KRWG-TV's website this morning.  I invite comments, here or on those sites, positive or negative or adding information.]

[The whole DASO situation is unfortunate.  A couple of years ago, when an earlier sheriff made a bad hire and couldn't be convinced it was bad, I saw some folks who seemed like good people and good officers suffering in the workplace.  That sheriff never did see the light.  His friend sued me and many others, but lost badly.  Some at DASO have said this situation is worse.  I hope it will resolve itself in a positive way somehow.  As in the earlier situation, the views I'm hearing are widely shared.]

[I've made repeated efforts to obtain comment from the Sheriff and Undersheriff.  I still hope they'll articulate their views -- and, if they feel I have any facts wrong, point those oout.  I have, as an expert I consulted recently on one aspect of this said recently, no dog in this fight. I voted for Mr. Vigil.  I liked Mr. Roberts when I first met him; and, personally, I've had only pleasant encounters with him.  However, I'm troubled by what I see, and am just trying to see and share the truth.]

[I've asked the County and DASO for documents, pursuant to IPRA.  I've received some, and expect others soon.  I prefer not to rely solely on what I'm told.]

[Readers will notice I haven't quoted present and former DASO officers and deputies by name.  For obvious reasons, that's the way it is.  Some have talked to me, others have not.  I can only say that in such a situation I'm particularly careful.  Thus I've spent a lot of hours researching this situation and will continue to do so.]

[Note: I realized I shortchanged former Undersheriff Edward Lerma in describing his experience.  He actually had served three previous sheriffs, not two: Jan Cary, Jim Robles, and Todd Garrison.  I know Garrison was a Republican and Vigil is a Democrat, too.]