ODESSA POLICE DTPARTM ENT

INTERNAL AFFAIRS

NAME: Walsh, Jeremy R ITEM NO: #3DATE 0r BIRTH: 08/26/1es3 CONTROL NO: tr4-tNV-047DATE OF EMPLOYMENT: 02/16/?0Lz DATE OF INCIDENT; 0Tloslilolq

ALLEGATION FORMAL ACTIONOPD SOP 14: Frofessional Standards, 14.3Standards of Conduct - Conduct On Dutn 3.1

Conduct Toward the Public

Sustained - Verbal Reprimand

NARRATIVE

On July 3, 2014 Officer Jeremy Walsh responded to the 2000 E. Stn to conia* aiornptalnt inreference to a vehicle theft. The two complainants advised that while speaking with OfficerWalsh he used profanitytoward them and also made inappropriate CIornments about one of thefemale's physical appearance.

While conducting an investigation on the complaint that was filed against officer Walsh, I

watched Sgt. Robert Carruth's in-car video. While watching the video I discovered a violationthat was not reported. When 561. Carruth first made contact with the two complainants heused profanity toward the two complainants.

The investigation revealed a preponderance of evidence that both Sgt. Rohert Carruth andOfficer J..e-{.qmy Walsh vio}ated Odessa Police Department Standard Operating procedures.

ODESSA POLICE DEPARTM ENTINTERNAL AFFAIRS

lT[M NO: #4DATE OF EIRTH: fi8{26ll;gi 3 CONTROT NO: I4-|NV.0SBDATE OF EMPTOYMENT: DATE Of INCIDINT: 07

FOftMAL ACTIONOpD SOP 14: Professional Standards, 14.3Standards of Conduct * Conduct On Duty, 11,

Conduct Toward the public

Sustained * Written Reprimand ind adUitionattraining on Conduct on Duty, specificallyconduct toward the public.

OPD SOP 1.4: Professionalstandaids, L4.ZStandards of Conduct - General Conduct, 2.Personal Behavior

Sustained - Written Reprimand andlOdllion"ttraining on Conduct on Duty, specificallyconduct toward the publi

OPD SOP 1: Law Enforcement Authority, 1.2Use of Force

NARRATIVHonJuly28,2aL4,MartinaRivaswhoisthecommon.l.*wifeowith Sgt. casey Reed alleged that officers with the odessa police Department h.; iri;;il

- 'arrested zubia. Martina Rivas alteged that she was informed by anoiher citizen tiat the officerused profanity and excessive force when they were arresting Zubia for public intoxication case#14-r8419.

The investigation did not reveal any violations of the odessa police Department use of ForceS'o'P's by either officer or the PPo during the lncident. The investigation did not reveal anystandard of conduct s.o.P, v[olations by PFo Joseph Dominguez. The investisrtion dij r-rJr'

hes and Jeremy wilsfr.

NAME: Walsh, Jeremv R ITEM NO: #5

DATE Ot BIRTH: 08/z6lXg$i CONTROL NO: 14-lNV-074OATE OF EMPLOYMTNT: 02/16/2012 DATE OF INCIDINT: LAILSIZOIfi

ODESSA POLICE DEPARTM ENT

INTERNAL AFFAIRS

On Thursday, October 23,2014 members of the Odessa Police Department SWAT tearn wereinvolued in a training day from 1200 - 2400 hrs. The second half of training took place at BowieJr. High where officers gathered around for testing and debriefing. During the final minutes ofthe day a conversation was initiated amongst several rnembers about a style of a bag that Cpl.Walsh had on hls gear. This conversation was about its use or possible use when Cp[. Walsheventually related that the bag could be used to pick cotton and he specifically names an OpDoffiqer (Padre Everett) who is African Arnerican as one who could show him how to pick cotton.This statement was taken to have offensive meaning by Off. M. Matai who is atso AfricanAmerican and was present and heard the statement.During follow up by SWAT supervisors, it was also fearned that Cpl, Walsh made a statementearlier in the day directed to Cpl, Tommy Jones, who is also African American, in relation to thetype of hands that Cpl. Jones has. Memhers reported that Cpl. walsh stated to Cpl. Jones thathe had Diango Hands and that statement is related to a movie where "Django" is a slave turnedbounty hunter.It is alleged that these staternents are in violation of Odessa Police Department StandardOperating Procedures.lnvestigation determined that Cpl, J. Walsh did violate Odessa Police Department S,O.p, byfailingto treat all persons with dignity and respect, making statements directed to superior andsubordinate officers that were directed toward individual officer's race"

ALLEGATION FORMAL ACTIONOPD SOP 14: ProfessionalStandardr, 14.3

Standards ofConduct- Conduct On Duty, 12.

lmoartial Attitude

Sustained * Suspension 120 hours

OPD SOP 14: Professional Standards, 14.3

Standards of Conduct - Conduct On Duty, 20.

Conduct toward supervisors, subordinates andassociates

Sustained - Suspension 120 hours

NARRATIVE

__X*Internal lnvesti gafion

*Extemal Investigatiou

-Inqujry- Background

_ AIM Incident Case Number:

_XXX*AIM Investigation Caso Number: I4-INV.074

Complainant 1 Applicant Sgt. Chris Primeaux

lntqfyiEg

Tommy Jones

On Wednesday October 29,2A14,4t t0l9 hrs, Cpl. T. Jones was interviewed by Sgt. D. Smith and myself inreference to an incident irwolving Cpl. J. Walsh at SWAT practice on October il,\AW. Cpl. Jones reportsdthat on October 23,2A14 the SWAT team was begrnning practice at the OPD r*g" wt .n they were doingpushupron the gravel. When a statement wasmade b{cp1. Jones about the rock{Walsh r*pii*d to Jones stating"ahh you can do it, nothing wrong with them Django Hands". J.oyes slaled he responded ;; Wilh ,il;g ,.ke*gn, keep on with your smart mouth", Walsh replied "you know it's nothing but lovd'. Jones stated that on thefollowing day, he was contacted by off, Matai and informetl of an incidenithat occurred ro*o.a'it

" .id of the

day of SWAT practice. off. Matai advised him that Walsh made a statement abour padre (E;*;;ip;-trie"'-cotton for the pouch he had on his vest. Sgt. Srnith asked Jones if he or any other minorities on the i** .u*,make any off collar comments and Jones exp)ained while things are said and jokes q1e made they are nevetr doneto be demeaning as far as race and that theylteam members) jist don't cross ilrat line (figure of speech relatingthat jokes don't play into the area of racial boundaries). Cpi. Jones stated that in ,*g*fr t" -t;;;;, ;;;?yWalsh, he just blows them offand feels that Walsh is ignorant to things tt rt f,r r"V"";;;;;;',hr;,comments Walsh often makes, ifmade in other groups' would not go overtoo weil and in SWAT it,iscontained. Jones added that Walsh's favorite comments are related to President Ohama and the comments, hefeels, are rnore directed at the mce instead of political views. Interview was conclua"a*J-""J"o Con* utI 029 hrs.

oDEssA POLICE DEFARTMENT - Professional standards unit

it has "nevsr been that kind of a teamn'. $ikes was asked if Walsh specifically t ur "u*i*** tu tri* *ittcollcsrns that anyone said absut lkhite people'l Sikes replied "no". Interview was concluded and saved onCoban at l0l2 hrs.

a statemsnt abnut not having gtoves and thsn Kraft heard Walsh respond to Joies with."Iommyl* g"irlr*"tnvesrigator's signarure t-1, d W*K psN:J663_

Investigator's Printed Namel Sgl. Clris primeaux

Intervieyt

?Schar.y Kfflfr

on \Vednesday octohm 29,2:014,at 1043 hrs, off. z. Kraft was interviewed by sgt. D. Smirh and rnyself inreference to incidents reported on October ?3,7014 while at SWAT practice" i<ra}exptained that at thebeginning of practice, members were lined up for PT and he was in line with Cpl. Jones with Walsh in hetweenhim and Jones. Kraft, advised that they. were preparing to do push-ups on ttre graoei ar; ;; ;;i: il; ffi;

ASE 2 oF ll

* AIM Incident Case Number:

_XXX*AIM Investigation Case Number; 1+tNV-074

*X_Intprnal Inverti gation

Extemal ltvestigation:

_Inquiry

-BackgroundComplainant / Applicant Sgt, Chris Primeaux

ODESSA POLICE DIPARTMENT - Professional Standardr Unit

Intervier{v

Mauro Matai

On Oetober 30,2014 at 1016 hrs Off M. Matai was intervi*wed by PSU. Matai reported that on ThursdayOctober 23,}Al4while at SWAT practice he was near Cpl Walsh when a conversation, about a bag attached toWalshls g$aq came up as to the uses of the bag which led to items being mentioned such as orange$ and apples,

Walsh original explanation of the bag was that it was in cass a wefipon is located it could be secured or a waterbottle could be carried in it As the general comments continued, Cpl, Walsh stated that he used the bag to putcotton in. Matai advised that Walsh continued by stating "he sould call Padre (Everett) to come here and picksome cotton forme because that mother fucker is au expert on thtf'. Matai stated that heresponded to Walshstating "you need to sterp being a fucking racist". Matai advised that Walsh responded with, "you guys talkabout whitepeople too" which led to an exohange of words betweenthem. Matai advised that Walsh didapologize, but, it was in an inappropriate manner and Walsh stated, "I didn't mean to step on your dick". Matairesponded to Walsh, "I will take my dick out of my pailts and slap your bitch ass" when Sgt. Chance stspped inand separated them hoth. Matai reported that when hearing the statement he was offended due to the fact thatWalsh meirtioned another African American Officer to piok cotton and it had direct relation to past historyinvolving blackis and slavery. Matai added that while in SWAT some reci&l based jokes are hard to avoid andhe gave examples related to liking Chicken and Watermelon, but, corning from someonewhs Matai has heardhas a history of making statements like that, he took offense to the commsnl Matai was asked specificallyabout any- inst&nces where he had heard Walsh making similar comments? Matai responded by speaking of an

insidsnt wherehe heard frorn Off. Kraft when he and Wulsh were working a Firework special assignment Walshspoke negatively about black people. Matai stated that details were not given to hirn by Kraft at that time. Theincident involving Kraft was discussed and noted in the narrative for Z. Ilaft. Matai reported that while inSWAT he cannot resall one time when any statements or comment$ were made that would make anyone feeluncomfortable regardless of race. Matai reported that his concern is that the direction of the departmurt and

with someone whs has a history of making statements within his own deparh[ent how does he manage himselfon the streots and how would tlie public acqept that with trust of the department.

Investigator'*fr*n** PSN:-5663- SUPV:

Investigator's Printed Name: Sgt. Chris PrimeauxACE 6 0F ls

*[-.Intemal lRvesti gation

*External Investi gation

_Inquiry_paokground

_ AIM Incident Case Nurnbe,r:

*XXXJIM Investigation Case Number: I4-INV-074

Complainant / Applic*nt $gt. Chris Primeaux

'!

ODESSA POLICE II$PARTMENT * Professional Standard$ Unit

Corttnlaint

On Thursday October 23,2*14 while attending SWAT practice on two ssparate occasion$n you (J. Walsh) madestatements toward other team member,s that were of a racial nature that caused them to be offended by thosestatements.

Interview

John Sikes

On Wednesday October 29,2014 at 1000 hrs, Cpl. Jolrn Sikes was interviewed in the PSU office by Sgt. D,$mith and myself, Cpl. Sikes stated that on ThursdayOe.tober ?,3,Y014late in the evening the OpD SWATtearn was completing a training day in the cafeteria of Bowie Jr. High School, He explained that severalmernbers were sitting at tables and he was sitting with Sgt. K. Chance and at the same table was Cpl. J. Walshand nearWalsh was Off. M. Matai. Sikes reported that he noticed that the room got quiet and he lbservedMatai leaning forward toward Walsh and heard Matai make a statement to Walsh about being racist an<l Mataisat baok appearing to become nggravated. He stated that Walsh did say some words under his breath whichcaused Matai to again sit fonvard and Matai snd Welsh had an exchange of words at which time Sikesinstructed them both to "knock it off'where Matai sat back and lookeJ away from Walsh. Both Walsh andMatai wers separated and met individually with Sgt" Chance. Sikes repoted that he later learned from Sgt.Chance that a conversation was started about an extra bag that Walsh had attached to his gear and its relation topickingtomatoes and it eventually led back to Walsh making a statqment similar to Picking Cottol andspecificallymentioning OPD Officer Padre Everett (who is African American Ethnicity) to show him how.Sikes stared that a meeting with supervisors along with Walsh and Matai was held folfu:wing the practice whereSgt. Chance asked Walsh ahout the comment made and Walsh stated that he made an of collar comment thatwas taken out of context and when asked to be specific Walsh stated it was about picking cotton and cookingsoul food because Padre Everett is always cooking soul food. Sikes explained that after practice, he spoke withMatai who stated to him that there were other incidents involving Walsh and comments 4irectecl to Biacks andHispanics and stated to Sikes "how long are they going to let him (Walsh) get away with this',. Sgt. D. Smithasked Sikes if Matai or T. Jones or any other minority team members have ever corne to hirn with Concerns thatlValsh was making statements or had he heard any minority team member$ sver make statements of racialmeaning toward any Caueasion officcrs? Cpl, Sikes responded *no. nothing ttrat stands out" and he added that

lnventigator's Si PSN: 5663 $UPY: ,"VTM-lpenE I oF l-I

Investigator's Printed Name: $gt. Chris Primeaux

AIM Incident Case Number:

*AIM lnvestigation Case Number: I4-INY-074

*[Jntemal Investigatioa

Extemal Investigation

*kquiry

-BaekgroundComplainant I Applicant: Sgtr. Ctrris Primeaux

ODESSA fOLICn DEPARTMENT - Professional $tandnrds Unit

Cp,nql*sion

The investigation in this case did produoe a preponderance of evidence to detemrine ttrat OfficerJeremy Walsh

violated OdessaPolice Departnentpolicy while interacting withofker Department oflicers on the SWAT Team

and made remarks that were based on rasial iszues and clichds. The explanation ofiflered in regard to making the

comments involved using them to develop tsam camaraderie and espnt de corp which could not be supported

During the month of October, Officer Jeremy Walsh made comments, during SWAT haining, that involvedracial clichds, innuondos and thatthe cornments were direetly made to other officers which caused a negativereastion,,

On October 23,2014 OfficerJererny Walsh attended the regular monthly SWAT practiue as a raernber of theSWAT Tearn lllhile at the range and engaging in physical fi-tness naining with other $WAT team members,

Oflicer Walsh made a comment to Officer Tommy Jones and that made reference to a movie, DjangoUnchained" where ona of the main characters is an Atican American slave. Officer Walsh specifically utilizedthis refsrsnce to make light of the fhor that Officsr Jones, who is Aftican American, did not have to worry aboutinjuring or damaging his hands while participating in the physical training because he had "Django lfands",making referffice to having tough and hardened hands, This comm*nt and inference caused a negative reaction

&orn OfficerJones. The comment by Olficer Walsh and the reaction by Oflicer Jones were observed by OfficerZachery Kmft, This particular incident was not brought to the attention of supe,rrieors by any of the officersinvolved at the time that it occuned. Officer Jones advised that he (Jones) just "blows off the comments by\l/alsh and does not think that Walsh thinks before he speaks.

On October 2\2014 Officer Jeremy Walsh, while still attending and participatingin SIVAT practice, engaged

in liglrt banter with other SWAT team rnembers regarding equipment that he (Wal$h) was utilizing. As thebanter continued, the comments turned into "one upmanship" between the oltcers. Officer Walstr finally made

a conrment tlrat involved'licking cotton'n coupled with a reference to an African American officer, PadreEverett, and Everctt being from Mississippi, in the south. Officer Mauro Matai was present and reactednegatively regarding thEcomment resulting in aheated exchaage involvingpmfanity and additionalmce based

comments from Walsh. The Supeniisor became aware of the iszue and separated the oflicers in order to find outwhqt had transpired" Several members ofthc SWAT tearn heard the comments and observed the negativereaction to the comment$ by Ofiicer Matai. Officer Walsh admitted that he had. crossed the line with hiscomments while, initi.ally, he was unaware that his corrments were received negatively !y Matai Officer Walshwas heard by several officers apologizing to Officer Matai for the comments.

Investigator' s Si gnahre :btW

PSN:Je8Z_ SUPV: d{ o"

PAGE I OF3Investigator's Printed Hflne; Captain Eddie Reed

_X_In(emaI Investi gaticm.

-pxtemal Investigation

*InqqiryBackground

* AIM lncident Case Nurnber:

*X_.,{fM Investigation Case Number: I4-INV-074

Complainant / Applicant: Sg$. Chris Primeaux

ODESSA POLICtr DAIARTMANT - Professional Standards Unit

During the investigation, additional infonnation surfaced that Officer Jeremy Walsh may havs made previous

**nir*r to Ofiicer Zachery Kraft, amund July 34 referr-ing to people who live on Odessa's So$hside as

'tnonkeys". Officer Kraft reported that he talked with Officer Polo Frescas about the "monkeys" statement at alater tima Officer Walsh was specilically asked about this statement and he denied making a statement like that.Officer Polo Frescas could not resall hearing any statements of *racial nature atnibuted to Otlicer Walsh.

The investigation revealed that there is high degree of competitive[ess among the SWAT team membex andthey utilize tfrat competitiveness to develop their individual and team abilities and foster interaction with each

other. All of the team members admit that therc is a level ofjoking and picking at each other that is not intendedto be derogatory or irnproper, bu! to foster espirt de corps among them. None of the SWAT team members wereable to offer explanation about how making statements that involve racial components helped the $W-{T teamimprovei Prior to this incident therE have beEn no other allegations of racially based comments rnade by SWATte4m members.

l.) It wrc alleged that Oflicer Walsh failed to maint*in an imsartinl attitude and to treat all p€rconrwith diguity and rcspect when he used racial comments while in the prescncc of other Departmentollicors and tho*e officers were ollended by them. SOP 143 (12)The investigation revealed that Officer Wq^lsh did in fact rnake comments that were inlbsed with racialcliches and comments and those Officers who heard the comments reacted in a negative manner.

2.) It was alleged tlat OIIieer lVnlsh did not treat his rssociater with respect, courtesy ard in a civilmanner. SOP 14.3 (20)The ihvestigation determined that Officer Walsh made comments that contained racial innuendo andsliches directly to officers who were offended by those comrnents.

I reaommend that Officer Walsh be SUSTAINED of violating Odessa Policc Deprrhnent $tarrdrrdOpernting Promdure 143 (12) Impartial Attitudo, which stiates: Employees shall heat all persons withdigrrty and respect. Ernployees shall not exhihit partiality for or against any person because of that person'srace, creed, sex, sexual prefirenco, influcnce in the communitg political orientadon or socio*ecsnomic stafus.Employees shall not interfere in the private business of others when not in the interest of legitimxe policebusiness,

Investigator's Signature: *4qS2- SUWrfuInvestigator's Printed Name: Captain Eddie Reed

PASE 2 OT I

OIIESSA POLICA DmfAI[fMmNT - Professional Standards Unit

_ AIM Inoident Case Number:

J(-AIM Investigation Case Number: I 4-INV-074

-X-[ntemal hvestigation

Extemal Investigation

*Inqui4rBackgpound

Comptninant / Appticant: Sgtr. Clnis Frimeaux

I re*ommsnd that 0{ficer Walsh be $USTAINED of violating Odessa Polics Department st*ndord

Opcrating procedurc 143 (20) Conduet torryards suporvisoru, subordinatep rnd associates, which states:

*fl "*pl"V*s

shall treat supedor officers, subordinate office,1s, asrygiatns and civilian ernployees with respect'

ffr*y st adbe courteous and sivil at flll time$ in theii relationslrlp with orre anothor. When on duty and

partlcdarly in the pru*err"e rtf the plbiic, officers will he ref*rred to by rank.

Investigator' s : $ i gnature: PSN:J982- $UPV:_FAGE 3 OF f,

trnvestigator's Printed Name: Captain Eddie Reed

-Xlnternal Investigation

*External lnvestigation

_Inquiry**Baokground,

*AIM Incident Case Number:

AAIIvI Investigation Case Number: t4-tNV-074

oDE$sA P0LICE DEPARTMENT - Professional standards unit

ExLihit sA'i

The investigation in thircasa did produce a preryonderance of,evidence to determine that Oflicer Jeremy Walshviolated Odessa Police Depanment policy while interaeting with other Departmenr oflicers on the SWef Teamand made remarks tlat were based on racial issues and cliches. The explanation offered in rqgard to making thecomments involved using them to develop team c&maraderie and esprit de corp which couldiot be supported.

On October 23,}A1.4 Officer Jeremy Walsh attended the regular monthly SWAT practice as a member of theSW.AT Team. While at the range and agaiu at the Zavala Elementary Sitroot cafeteria" Corporal Watrt r*Oecomments to other teem members utilizing rasial clich6s and innuendos. These comments were overheard byvarious officers and produced a negative reaction from them. Officer Walsh made comments to Officar iommyJones that made reference to a moviq Djange Unch.aine.d, whero one of the main ctra.aci-ir=i, * A#"*American slave. Walsh ulilized the reference,to imply that OfHcer Jones had hands like a slave. omrei w6rf,made a comment to Ofticer Mauro Matai that Officer Padre Everett could show how to pick ootton. OfficersMatai aud Everett *re both African Anrerican. Officer Walsh's comment at*o made rrf*rirr"e ," ilfi,i;American offtcer, Padre Everet! and Everett being from Mississippi, in the south.

The cornments made were rsported to help develop tearn camar*de,rie aud esprit de sorps among the membersbut no explanation could be given to support that.

I recommend that Officer Walsh be SUS"IIAINED of violating Odessa Police Department StandardOp*rating Procedure l{.3 (12) Impartial Attitudg which stete$r Employees shall treat all persons wirh dignityand respect, Employees shall not exhibit partiality fur or again*t a,ry porion because of that p**#uru* *.*"J"'se4 sexual preferencq iillluence in the sommunity, political orientation or socio-economio status. f*piuy*r,shall not interf'ere in the private business of others when not in the interest of legitimate police business.

I recommend that Officer Walsh be SU$TAINf,D of violating Odessa Polico Dspartmmt Standard()perating Procedure l4.s (20) Conduct towards supenrrisors, subordinates and assceiates, which state$:All employees shall ffeat superior officetx subordinate olficer$, associates and civilian employees with rsspect.They shall be coweous and civil at all times in thoir relationship with o:ne another. Wherr ln o*ty *oJ parti*ot"rlyin the presence of the public, officers will be referred to by rank.

Lnvestig*tor' s Signature : PSN:"J982 SUPV:_PAGE *1. OF I

lnvestigator's Printed Narne: Captain Hddie Reed