The trial of Palm Valley Police Chief Alvaro R. Garcia, who is accused of tampering with government records, revolves around whether three of the police department’s employees attended in-person law enforcement training classes.
The state of Texas said the officers did not attend the in-person classes and that Garcia tampered with the documents indicating they did.
Testimony in Garcia’s trial began Feb. 14 before 138th state District Court Judge Gabriela Garcia.
A Cameron County grand jury on Nov. 28, 2018, indicted Garcia on three counts of tampering with government records with intent to defraud the Texas Municipal Police Association.
Sergio Galvan, an assistant Cameron County District Attorney, said the crime Garcia committed was not a “normal crime” that state authorities normally prosecute.
“He just did not follow the law,” he said.
‘None of us are above the law… It doesn’t matter what you do for a living it doesn’t matter who you are,” Galvan said.
John Blaylock, Garcia’s defense attorney, said there is nothing on the class registration form that mandates they attend in person just has long as they complete classes.
“There’s nothing in that contract that says you can’t self-study,” Blaylock said.
According to court testimony, Garcia was paid $850 to teach a 24-hour class on Sexual Assault and Family Violence. To be paid the $850, 10 students had to sign up for the class.
Seven of the students showed up in person, while the three others – officers with Palm Valley – didn’t but the signatures on the sign-in form suggested they did, court testimony revealed.
Blaylock said since the Palm Valley Police Department is a small department made up of about five officers, Garcia instructed the three officers on the course work while they worked. He said they completed the necessary hours, and each passed the course with grades in the 90s.
Taking the stand Tuesday was Cody Hunt, a former sergeant with the police department who initiated the complaint against Garcia. He testified that another officer told him one of the officers who did not take the course in person told him he was told to sign off anyway.
“He was told to sign off on the roster and take the test off of the booklet to make it appears as he had gone to the course,” Hunt testified. “They were told to do so by the chief because he didn’t get enough people on the roster to get paid…I understand that 10 people needed to be on the roster” for him to be paid.
Hunt testified he filed the complaint directly with TCOLE or the Texas Commission on Law Enforcement because police officers are supposed to uphold the law.
“I know I did the right thing; it was not the easiest thing,” Hunt testified. “It wasn’t the easiest thing because Mr. Garcia was my friend…I always believed in him. I always thought he was one of the best chiefs I worked for.”
When questioned by Blaylock, Hunt testified that he was made interim chief when Garcia was suspended in May 2018 on allegations he paid an employee who wasn’t working. The incident was investigated by the Texas Rangers, and then, Garcia’s suspension was lifted after the Rangers concluded their investigation.
Hunt testified that once Garcia was reinstated as chief, he resigned.
“I left in fear of retaliation,” he said.
“With that and the politics, I felt it was better to cut my losses and leave,” Hunt testified.
