Jury sides with El Monte, police in employment retaliation case brought by officer
EL MONTE -- A jury has found in favor of El Monte and its police department after an officer claimed he was passed over for promotions because he reported alleged misconduct.
El Monte Police Officer George Fierro claimed in a lawsuit filed in May of 2008 that he was denied promotions and job assignments because he spoke up about other officers' unethical behavior.
A year later, as television news choppers videotaped, the department veteran of more than 15 years kicked El Monte Flores gang member Richard Rodriguez in the head as he lay on the ground following a car chase.
On Feb. 26, a Pomona Superior Court jury disagreed with Fierro's retaliation claims, and Superior Court Judge Dan Thomas Oki ratified the verdict on Monday, according to officials and court documents.
El Monte Police Chief Tom Armstrong said he was pleased at the verdict.
"We as a city and as a police department always felt that we had not retaliated against (Fierro) in any way, shape or form," Armstrong said. "There was sound reasoning for the decisions we made. Unfortunately, (Fierro) felt otherwise."
Fierro's attorney, Michael A. McGill, could not be reached for comment Saturday. An official at the El Monte Police Department said Fierro was not working on Saturday.
Fierro has 60 days, as of March 1, to appeal the decision.
El Monte Mayor Andre Quintero declined to comment in detail about the lawsuit.
"I think the verdict speaks for itself," he said. "In this regard, the jury found for the city."
Fierro reported in 1999 that an El Monte police officer discharged her gun outside a pub in Diamond Bar, according to the lawsuit. The officer was sentenced to probation and was no longer allowed to carry a gun.
Fierro applied for eight positions during the next three years, but did not get any of them, according to the complaint.
Then in 2003, Fierro reported that a detective conducted an improper search, according to the lawsuit. He then applied for several more promotions, but he did not get any of them.
Fierro sought more than $250,000 in damages, Armstrong said.
The chief said he has no animosity toward Fierro, who continues to be employed as a patrol officer in El Monte.
"He followed his rights," Armstrong said. "I'm just disappointed he so misinterpreted the facts that he thought (a lawsuit) was necessary."
Fierro came under investigation after a news helicopter recorded him kicking Rodriguez in the head on May 13, as he lay prone in a Pico Rivera back yard following the police chase.
Rodriguez was sentenced to two years in prison for the pursuit, as well as two more years for previous charges.
He has filed a claim against the city for $5 million in damages related to the incident.
The Los Angeles County District Attorney's Office determined late last year that charges would not be sought against Fierro for what officials called a "distraction blow" to allow them to safely take Rodriguez into custody.
An internal El Monte Police Department investigation into whether the incident was within department policy remains ongoing, and the FBI is also looking into the matter.
Following the pursuit incident, it was learned that Fierro owned a business called "Torcido Clothing," which sells gang-related apparel.
El Monte Police Officer George Fierro claimed in a lawsuit filed in May of 2008 that he was denied promotions and job assignments because he spoke up about other officers' unethical behavior.
A year later, as television news choppers videotaped, the department veteran of more than 15 years kicked El Monte Flores gang member Richard Rodriguez in the head as he lay on the ground following a car chase.
On Feb. 26, a Pomona Superior Court jury disagreed with Fierro's retaliation claims, and Superior Court Judge Dan Thomas Oki ratified the verdict on Monday, according to officials and court documents.
El Monte Police Chief Tom Armstrong said he was pleased at the verdict.
"We as a city and as a police department always felt that we had not retaliated against (Fierro) in any way, shape or form," Armstrong said. "There was sound reasoning for the decisions we made. Unfortunately, (Fierro) felt otherwise."
Fierro's attorney, Michael A. McGill, could not be reached for comment Saturday. An official at the El Monte Police Department said Fierro was not working on Saturday.
Fierro has 60 days, as of March 1, to appeal the decision.
El Monte Mayor Andre Quintero declined to comment in detail about the lawsuit.
"I think the verdict speaks for itself," he said. "In this regard, the jury found for the city."
Fierro reported in 1999 that an El Monte police officer discharged her gun outside a pub in Diamond Bar, according to the lawsuit. The officer was sentenced to probation and was no longer allowed to carry a gun.
Fierro applied for eight positions during the next three years, but did not get any of them, according to the complaint.
Then in 2003, Fierro reported that a detective conducted an improper search, according to the lawsuit. He then applied for several more promotions, but he did not get any of them.
Fierro sought more than $250,000 in damages, Armstrong said.
The chief said he has no animosity toward Fierro, who continues to be employed as a patrol officer in El Monte.
"He followed his rights," Armstrong said. "I'm just disappointed he so misinterpreted the facts that he thought (a lawsuit) was necessary."
Fierro came under investigation after a news helicopter recorded him kicking Rodriguez in the head on May 13, as he lay prone in a Pico Rivera back yard following the police chase.
Rodriguez was sentenced to two years in prison for the pursuit, as well as two more years for previous charges.
He has filed a claim against the city for $5 million in damages related to the incident.
The Los Angeles County District Attorney's Office determined late last year that charges would not be sought against Fierro for what officials called a "distraction blow" to allow them to safely take Rodriguez into custody.
An internal El Monte Police Department investigation into whether the incident was within department policy remains ongoing, and the FBI is also looking into the matter.
Following the pursuit incident, it was learned that Fierro owned a business called "Torcido Clothing," which sells gang-related apparel.
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CONTRIBUTORS
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| Frank Girardot, Metro Editor for the San Gabriel Valley Newspapers, brings you behind the yellow tape with takes on true crime, cold cases and more. This is also your forum to discuss crime, its impact on your neighborhood and how we cover it. Have any questions or tips? You can leave a comment here or e-mail Frank. |
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Brian Day is the crime reporter for the San Gabriel Valley Newspaper group. E-mail Brian. |
The City needs to be reinbursed for attorney fees at Fierro's expense!
cant you read! they passed him! do you live in el monte? that city is the wrost ran city i know, and if you were honest you got to know it is true.more laws are broken by them selves ,and i dont have to like this officer to say that department is very bad.
cant you read! they passed him! do you live in el monte? that city is the worst ran city i know, and if you were honest you would know it is true.more laws are broken by them selves ,and i dont have to like this officer to say that department is very bad.