Firefighter Battles Suspension for Drug Use; Denies Asking for ‘Break’

In the second case this week involving firefighters and illegal drugs, an eight-year veteran of the San Diego Fire Department argued Thursday for the repeal of his job suspension, contending that he never asked a police officer to “give him a break” because he was a firefighter when he was arrested for possession of cocaine.

The firefighter, 32-year-old Joseph A. Rivas, and his attorney also sharply denounced Fire Department superiors for lumping his case along with those of other firefighters who were caught up last year in a police investigation of drug activity in the Fire Department.

The attorney, Thomas Waddell, pointed out that Rivas was arrested 2 1/2 years ago, that his case was never prosecuted, and that senior officers in the Fire Department suspended him only after they later learned he allegedly asked the police officer to let him go because he was a firefighter.

Suspended for 10 Shifts

Rivas’ and Waddell’s comments were made during a Civil Service Commission hearing at which Rivas appealed his suspension. He was ordered suspended for 10 shifts without pay last November, after supervisors overruled an earlier recommendation for termination. (Firemen work 24-hour shifts.)

Earlier this week another firefighter, Vincent Stevenson, appeared before the commission to argue for reinstatement. He was fired last year after he was arrested while smoking a cigarette laced with cocaine and marijuana while off duty. He too has contended that he was singled out for harsh punishment in the wake of the other firefighters arrested in the police undercover drug operation.

That investigation resulted in federal drug charges filed against four firefighters, two of whom were fire captains, for allegedly distributing methamphetamine and cocaine. In addition, several other firefighters have been implicated in past and ongoing drug investigations.

In the Rivas case, the city presented evidence Thursday that he was arrested while allegedly snorting cocaine in a restroom at the Sports Arena during a February, 1986, rock concert. He was off duty.

Thomas H. Wagner, a San Diego police narcotics detective, testified that he observed Rivas standing in a stall in the men’s room, his hands up near his face and chest.

‘Snorting Noise’

“I heard him making a snorting noise with his nose,” Wagner said. “That’s normally associated with the ingestion of a drug, primarily cocaine or meth.”

Wagner said that, as he burst into the stall to arrest Rivas, several objects fell from Rivas’ hands and onto the floor. The detective said the objects were a glass vial, cap, straw and 0.04 grams of cocaine.

As Rivas was handcuffed and led away, Wagner said, he suddenly asked for a special favor.

“He mentioned to me that he was a firefighter,” Wagner said. “He essentially asked me if I could give him a break. I was surprised at first, and could appreciate his position. But I advised him that he was in the process of committing a felony when I arrested him.”

Rivas, however, denied that he asked for special treatment. Instead, he suggested that the police officers seemed to enjoy arresting him.

‘Got a Fireman!’

“At the time, one of the officers withdrew my wallet,” he said. “They looked through my wallet and found my Fire Department ID. That’s when one of the officers said, ‘Oh, good! We’ve got a fireman!’ ”

Asked what the police officer meant by those words, Rivas said: “He said it in a tone that was a delightful manner.”

Testimony Thursday showed that the district attorney’s office declined to prosecute the case, apparently because of the small amount of drugs involved. Rivas later attended an employee assistance program, and has undergone drug testing since the arrest.

According to Waddell, the Fire Department decided against any discipline for Rivas when the district attorney decided not to prosecute. But, Waddell said, when the allegations of other firefighters being involved with drugs surfaced last year, the Rivas case suddenly resurfaced.

Then, senior firefighters learned from Wagner about the alleged attempt by Rivas to get a break in the case, and then ordered the suspension, Waddell said.

“This is the worst case I’ve seen after 26 years of doing these kinds of hearings,” Waddell said in arguing that the suspension be rescinded. “This is the weakest case I’ve seen.”