Suspended Officer Ordered to Undergo Mental, Physical Test

The Los Angeles Police Department Board of Rights on Monday ordered Sergio Garcia, a Van Nuys Division officer accused of administrative misconduct and mistreating a suspect, to undergo a psychiatric and physical examination to determine whether he can withstand the ordeal of attending a hearing.

The board ordered the examination after Garcia, a 12-year LAPD veteran, failed to attend a hearing Monday morning. His defense representative, Renn Berry of the Los Angeles Police Protective League, produced a letter from a psychiatrist who pronounced Garcia psychologically unfit to appear at the proceeding.

The letter by Dr. David L. Friedman, dated last Friday, said Garcia was “totally disabled” from work-related stress, depression, social withdrawal and alcohol abuse. He recommended that Garcia, 33, undergo therapy and suggested that the board delay his hearing for 120 days.

Sgt. Candace Shimizu, who is prosecuting the case, requested the psychological and physical exam for Garcia. At her urging, the board also agreed to subpoena Friedman.

Shimizu said Garcia has refused to cooperate with department officials investigating the case and called the psychiatrist’s letter a last-minute attempt to avoid the board, which can recommend that Garcia be fired.

The issue before the board is whether to compel Garcia to attend, or to excuse him on psychiatric grounds and proceed without his presence.

Garcia, a Canyon Country resident, was relieved from duty without pay Jan. 27. He faces eight counts of administrative misconduct, including submitting phony requests for overtime pay and ignoring subpoenas. All the alleged violations occurred last year.

The suspension notice also said Garcia failed to release a prisoner promptly from Van Nuys station, even after Garcia learned the man had not been involved in a crime. Garcia also did not register his car with the Department of Motor Vehicles, the suspension notice said.

Garcia faced a 17-count complaint in January, but Police Department investigators withdrew nine of the charges, including one count of perjury.

In March, a Newhall Municipal Court jury acquitted Garcia of a misdemeanor charge of filing a false police report after he was involved in dispute over a parking space in November. A Canyon Country woman accused Garcia, who was off duty at the time, of threatening her life during the argument.