Santa Ana : Appeal Court Upholds Firing of Policeman

The 4th District Court of Appeal has upheld the firing of a police officer who allegedly knew that a man he tried to help enter the United States from Mexico was an illegal alien.

Martin T. Delgadillo Jr., a seven-year veteran of the Santa Ana Police Department, was fired in August, 1982, for apparent off-duty misconduct. According to the court’s opinion, which was released Tuesday, Delgadillo was ordered to interpret for Armando Suarez, an illegal alien from Mexico who was identified as a hit-and-run drunk driver after an automobile accident in April, 1982.

No arrest was made, and Delgadillo, 38, later took Suarez to federal immigration offices in Los Angeles and Santa Ana to assist him in obtaining residency papers, the opinion said. Immigration officials apparently told Suarez that he needed to get more documents from Mexico. Delgadillo apparently dropped Suarez off in San Ysidro and later returned for him.

When recrossing the border into the United States, Delgadillo apparently flashed his police badge and told immigration agents that he, his girlfriend and Suarez were all American citizens. Suarez was returned to Mexico, and Delgadillo later was fired, according to the opinion.

Delgadillo’s firing was upheld by the Santa Ana City Personnel Board in 1983. He then filed a petition with the Orange County Superior Court asking for his job back. His petition was turned down, which led to the appeal.

The appellate court affirmed his firing, ruling that Delgadillo’s conduct violated Police Department rules and “indicated an unfitness to be a police officer.”

Cecil E. Ricks Jr., Delgadillo’s attorney, said the former officer “was acting as a good Samaritan and felt there was evidence that could have been presented at the personnel hearing that could have helped him.”

Ricks said he and Delgadillo have not yet decided whether to petition for rehearing or appeal to the state Supreme Court.