City attorneys presented testimony today that described fired Kyle police sergeant Jesse Espinoza as insubordinate, physically and verbally abusive and intimidating to elected city officials, and an officer who neglected his responsibilities to uphold the law.
The testimony, from the mayor, the city’s two most senior council members, an assistant city manager and a member of the Citizen Police Academy’s alumni association, came during the opening day of an arbitration hearing demanded by Espinoza as part of his attempt to reverse his indefinite suspension two years ago. Espinoza’s side has yet to present any witnesses of its own. Although Espinoza’s attorney, Grant Goodwin, has not publically outlined his case, it appears he will attempt to argue Espinoza’s dismissal was not for cause, but in retaliation for his ongoing campaign against Kyle Police Chief Jeff Barnett, which Espinoza engaged in, according to Goodwin, to protect the department from Barnett.
Barnett has yet to testify and neither has the person likely to be the city’s most important witness, Ellis County Sheriff Charles "Chuck" Edge, who, as acting Kyle police chief in May 2015, signed the order indefinitely suspending Espinoza, presumably for insubordination.
Assistant City Manager James Earp dealt directly with that insubordination claim during today’s hearing, testifying Espinoza refused in 2014 to turn over documents Earp demanded Espinoza surrender.
"He never delivered the documents that I directed him to submit," Earp said.
"Did you consider his non-responsiveness to constitute a violation of a city or departmental directive," the city’s attorney, Bettye Lynn, asked Earp.
"I consider that to be insubordination," Earp replied. "If I direct someone to do something and they refuse to do so, that’s insubordination."
Mayor Todd Webster testified he was "upset" when he awoke one morning to find a uniformed Espinoza standing in his living room and didn’t believe the reason Espinoza gave for entering his home unannounced. The incident occurred in 2007 when Webster was the District 6 city council representative and was basically commuting between Kyle and Ohio, where his father was on his deathbed.
"I had come home from one of my trips to Ohio and I had gotten in late," Webster testified. "I pulled my car into the garage and had laid down on the couch in our front living room, turned on the TV and I guess fell asleep. I awoke the next morning. It was light outside. I can’t say exactly what time it was, but I would guess it was around 8-ish, around the time most people would normally be going to work. And I awoke to a noise and I found Mr. Espinoza standing in my house.
"I was startled, I got up pretty quickly and asked him what he was doing in my house. His answer was that he had noticed that my car was not in the driveway and when he checked my doorknob and the door was unlocked, he felt that was suspicious enough to give him the authorization to come in my home.
"I was upset about it, of course and I certainly didn’t accept the explanation and asked him to leave. And he did."
When Lynn asked Webster whether he had an opinion on whether Espinoza "should be returned to the police department," the mayor replied:
"I do. He shouldn’t be returned to the police department. Based on my personal interactions with Mr. Espinoza, if that’s indicative of how he conducts himself and the way he interacts with other people on a day-to-day basis, it would serve to undermine the public’s confidence in the police department. I also think there’s a potential for morale issues in the department if he returned at a time when the department, at least from my view, has made great strides in getting to a place where the community can be really proud of it."
Earlier in the day council member Becky Selbera testified Espinoza almost ran her over in his Tahoe police vehicle as she emerged from a council meeting in which the council made a decision over Espinoza’s objections to hire a police lieutenant, who would have direct supervision over Espinoza on the night shift. Her council colleague, David Wilson, testified that Espinoza was so verbally abusive to him following a council meeting, another police officer, Sam Valverde, had to pull Espinoza away from Wilson. Selbera said she witnessed that altercation and supported Wilson’s version of the encounter.
Bill Sinor testified when he was on a neighborhood watch patrol in December 2014 he was on a cul-de-sac road when "Espinoza drove in, on duty, and we were sitting driver’s window to drive’s window and a vehicle pulled into the subdivision with its headlights on, but obviously no rear lighting at all." He said he brought this to Espinoza’s attention and that Espinoza turned his head, saw the vehicle in question, and then turned back to Sinor and said "Maybe I’ll get him later."
"Were you aware that in the termination notice he was charged among other things with neglect of duty?" Lynn asked Sinor.
"I have heard that," the witness replied.
"Did that appear to you to be him neglecting his duty?" the attorney asked.
"I would say it was, yes," Sinor answered.
Earlier Sinor testified that Espinoza told him that when Kyle was looking for a new police chief, Espinoza wanted Joe Munoz hired over Barnett because Munoz had promised Espinoza he would promote him to captain.
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