Hearing examiner upholds Espinoza suspension

In a ruling in which she "sustained" almost every charge the city brought against former Kyle Police Sgt. Jesse Espinoza, hearing examiner Paula Ann Hughes, in a ruling released late today, upheld Espinoza’s suspension from the force, writing "Espinoza violated numerous rules, orders, codes and policies" of the city and reinstating him would negatively "impact the morale and efficiency of the (police) department."

Espinoza has 10 days to appeal the ruling, which is unequivocal in its condemnation of Espinoza’s actions and the reasons for his dismissal.

Jesse Espinoza

The judge sustained the charges against Espinoza of insubordination, untruthfulness, violating the city’s Code of Ethics, conduct prejudicial to good order, conduct bringing discredit to the department or profession and many others.

"The City has proved by a preponderance of the evidence that Espinoza violated numerous rules, orders, codes and policies of the City of Kyle," Hughes wrote. "There is no mitigating circumstance that causes this to be an exception to proper police procedures and behavior. Having Espinoza reinstated to the department would impact the morale and efficiency of the department in a negative manner. The indefinite suspension is upheld."

Hughes’ ruling came in a case in which Espinoza appealed his May 15, 2015 indefinite suspension by acting Kyle Police Chief Charles Edge. Espinoza was seeking reinstatement to the Police Department along with back pay and benefits.

Kyle city spokesperson Kim Hilsenbeck, the person who made Hughes’ ruling public today, said "the city will not be making any comments/statements about the ruling at this time."

The ruling claimed Espinoza essentially conspired with Louisiana anesthesiologist Dr. Glen Hurlston to have Police Chief Jeff Barnett fired. According to the examiner’s report, Hurlston was angered because Barnett fathered a child Hurlston originally believed was his and Espinoza was hoping his long-time friend, Joe Munoz, would be named chief in May 2011 when Barnett was named to that position..

De. Glen Hurlston

"Caught in a web of Hurlston’s anger and desire to bring down Barnett, Espinoza made some poor choices and decisions," Hughes wrote. "For some reason Espinoza felt he had rights and privileges he did not have."

"Espinoza stated he was the third most important person in Kyle and he acted like the rules, procedures and processes did not apply to him," Hughes wrote. "The City Council runs the city, not one policeman."

On the charge of ethics violations, the judge wrote: "By spreading rumors with a private citizen while on duty, damaging Barnett in a public way about a private matter that occurred in another city, aligning with Hurlston who was suing the city, all constitute violations of the Code of Ethics.

Espinoza tried to claim that he should be reinstated because many of the charges against him occurred beyond Civil Service’s 180-day statute of limitations. The hearing examiner did not buy that argument. "The questions asked by Chief Edge (that led to Edge’s suspension of Espinoza) were to be answered truthfully," Hughes maintained. "He was not being suspended because of events prior to the 180-day rule but he was being suspended because he did not answer questions completely and truthfully in the investigation."