A recently fired McAllen police officer sued the city and its workman’s compensation provider alleging they mismanaged his medical treatment for a gunshot wound he sustained to his wrist while responding to a burglary in progress on Christmas Eve in 2018.
Former officer Edgar Devora also alleges the city of McAllen discriminated and retaliated against him for filing and seeking benefits under the municipality’s worker’s compensation plan by terminating him on April 29.
Devora was shot on Dec. 24, 2018, right after midnight when he responded to a report of a break-in at a residence in the 3200 block of Guadalupe Street.
When he arrived, the homeowner, Michael Garza, 32, was struggling with the burglary suspect, 43-year-old Sullivan City resident Ricardo Villalon.
At the time, a police news release said Garza chased Villalon for several blocks into an open field where Devora joined in the pursuit.
As Devora struggled with Villalon, Garza pulled out a handgun and fired in their direction, hitting Devora in the wrist.
Villalon was charged with burglary of a habitation and is currently serving a seven-year prison term while Garza was arrested and indicted on a charge of aggravated assault on a public servant.
He has pleaded not guilty and his case is not resolved, court records show.
The lawsuit doesn’t disclose this narrative and instead focuses on what Devora’s attorney, Ric Godinez, says is a failure by the city to provide prompt and proper medical attention for Devora, who was injured in the line of duty and suffered a disability, which the lawsuit alleges may have been preventable.
“People with disabilities — especially disabilities developed as a result of their on-the-job work for the City — in the line of duty to protect and serve — have rights with their employment, which the City has ignored and failed to provide my client,” Godinez said in a news release publicizing the lawsuit.
Devora also provides a statement in the lawsuit, saying he loves being an officer in McAllen and believed he did his job and fulfilled the duties of his oath to protect and serve McAllen and its residents.
“Never would I have thought that the city and Police Department I loved and served would refuse to protect and serve me after being shot in the line of duty and then disabled,” Devora said in the news release.
The former officer has a 5% permanent disability in his right wrist, according to the lawsuit, which had limited him to light duty.
The suit also alleges that Devora had asked about other employment in the police department or with the city, which according to the litigation, angered city management.
“But the City never once offered me another position, or any opportunity to stay employed with the Police Department or the City. They fired me,” Devora said.
City Manager Roy Rodriguez, however, says the city did offer Devora other employment options.
“Obviously, we are very saddened with the outcome of Officer Devora’s injury. We have worked very hard to attempt to keep Officer Devora employed. After his worker’s compensation expired we extended it on numerous occasions beyond what the law requires us to do,” Rodriguez said Friday. “We offered both Mr. Godinez and his client options on other employment with the city, in other words, other positions, and they declined. And I am saddened that this is the outcome.”
In a statement, the city of McAllen said it understands Devora’s right to bring any claim he believes he is entitled to, but says it strongly disagrees with his allegations and is confident in its decisions, which will be vigorously defended.
“These matters will be litigated in a court of law and not the court of public opinion. The City of McAllen, like any other litigant, is entitled to a fair and unbiased legal process,” the statement read. “The City of McAllen prays that he will one day be able to return to police duties.”
The lawsuit details a timeline immediately following the shooting and alleges that right from the start, Devora was unable to see the correct type of doctor he needed to treat the injury to his hand.
The petition also describes instances in which the city and its third-party administrator for workman’s compensation, TRISTAR, who is also sued, provided conflicting and confusing information on what clinics he could go to and what doctors he could visit.
In the months following the shooting, Devora, who had hoped for a full recovery, became frustrated with the lack of progress and his medical care and asked for a second opinion, which the city denied, according to the lawsuit.
“After much pressure by Officer Devora, his police union, and others, Officer Devora was finally able to explain his concerns to the city,” the petition stated.
The city agreed to let Devora see Dr. Frank Gerald, an orthopedic surgeon outside of the city’s plan who began treatment in May 2019, according to the litigation.
“Dr. Gerald told Officer Devora that he should have seen an orthopedic surgeon when he was admitted to the emergency room immediately after he was shot, and did not understand why one was not on staff to see him that day or why they discharged Officer Devora,” the lawsuit stated. “Dr. Gerald further said that he was given the wrong general hand therapy, and should be seen by a specialist hand therapist.”
However, by that time, six or seven months had gone by since the shooting and the bones in his wrist were healing, which limited his treatment options and could impact his recovery,” according to the lawsuit.
On Nov. 1, 2019, medical providers from the city’s plan found Devora had a permanent 5% whole body impairment rating limited to his right wrist and placed him on light duty with certain physical restrictions pertaining to that wrist, the petition read.
About a year later, Devora was removed from light duty because he was not fully released to return to full duty, which according to Devora’s attorney, is when the city began treating him differently.
The lawsuit alleges that the city extended his leave in January for three months but required him to provide monthly written medical progress reports to the city.
However, according to Devora, he was set up to fail on the requirement because Gerald, the doctor, was outside the city’s plan and could not see Devora unless the city approved of the visits.
“Despite both Officer Devora and Dr. Gerald’s office seeking approval from Defendants, they failed and/or refused to provide approval, and he was not seen in time to comply with the City’s requirements of providing monthly updates,” the lawsuit read.
The former officer further alleges the city refused and failed to assist him in taking measures to ensure he could visit Gerald.
“In addition, Officer Devora began discussions with Defendant City to discuss his employment future, including what other positions he would be qualified and eligible, which appeared to anger the City’s management and Chief of Police, and which they failed to engage in good faith,” the lawsuit read.
Then on April 9, Devora alleges his badge and gun were taken away from him for an alleged “refurbish the badge” and “check the serial number on the firearm,” and his last pay was reduced.
“When Officer Devora asked Defendant City about these unusual actions, he was ignored,” the petition stated.
Then he was fired on April 29.
Devora is seeking monetary relief of over $100,000.
In the news release, the former officer says none of what he says happened is right.
“Now, doing everything I was asked to do and swore an oath to do, I am out of a job and have no other way to support me and my family, through no fault of mine,” he said. “This is not right.”
