Deputy to Lose Job Over Beating, Sources Say

A Riverside County deputy sheriff has been given notice that he will be fired for his role in the videotaped beating of two illegal immigrants April 1, and a second deputy will be suspended for one month, sources close to the case say.

The discipline was recommended to Sheriff Larry D. Smith by a panel of high-ranking administrators, and will be meted out unless the deputies successfully appeal to the sheriff that the punishment is excessive.

Tracy Watson--a five-year department veteran who is targeted for dismissal, and Deputy Kurt Franklin--a 20-year veteran who is facing suspension, were notified of the pending decisions Monday by the department’s Internal Affairs office. They have until Wednesday to appeal the discipline, which was recommended by a nine-member administrative board advising Smith.

The sheriff’s office has refused to comment on the case other than to say that the internal investigation is concluded and “appropriate action” is intended. Nothing more can be discussed, a department spokesman said, because state law mandates strict confidentiality of pending personnel decisions against peace officers.

Neither the deputies nor their attorneys have offered further details.

Riverside Sheriff’s Assn. President Dan Swift said that while the deputies union will not discuss the discipline against Watson and Franklin, it is concerned about what actions the U.S. attorney’s office and the Los Angeles County district attorney’s office might take against the two men.

Both agencies are investigating the notorious beating of two illegal immigrants after an 80-mile, high-speed chase that started in Temecula when Border Patrol agents saw a pickup truck laden with occupants and being driven dangerously.

Watson and Franklin took up the chase from other deputies in western Riverside County and followed the truck to South El Monte, where it stopped and all but two of its occupants fled.

Watson was seen on the videotape using his baton to repeatedly strike Enrique Funes Flores, and then Alicia Sotero Vasquez, grabbing her by the hair and striking her at least once more. Franklin was seen striking Sotero twice with his baton before forcing her against the vehicle.

Both deputies were immediately placed on paid administrative leave. Smith, after viewing the videotape, publicly condemned the deputies’ actions as an excessive use of force.

Funes and Sotero have since filed personal injury lawsuits against the county, charging that their civil rights were violated.

Peter Schey, the attorney for Funes, said the plan to fire Watson “does not surprise me.”

“Observing the tapes in slow motion and listening to the audiotapes [recorded by a California Highway Patrol officer], it is fairly obvious there was no justification for the beating. . . . Not only was the beating unjustified, it is not clear that Watson even had reasonable cause to detain Mr. Flores.”

Dan Tokaji, an ACLU attorney representing Sotero, said the discipline against the officers “certainly validates our client’s position that her rights were violated and the officer’s conduct was totally inappropriate.

“It will be very difficult for either deputy or the county to make any kind of claim that their conduct conformed to the Constitution.”

Karen Cote, an attorney for the Riverside Sheriff’s Assn. who is representing Franklin, would not specify what disciplinary action was being taken against her client, but said: “Any kind of discipline will be appealed.”

Watson’s attorney, Michael Stone, did not return phone calls.

Swift said his association is concerned about possible criminal action against Watson and Franklin.

“They give out discipline all the time that we may or may not agree with,” Swift said. “The sheriff has the right to discipline us if we’re in violation [of department policy]. That’s part of being a cop and nobody gets too excited over it.

“But what we’re worried about is the possible criminal stuff. Nobody feels [Watson and Franklin] did anything wrong criminally, and if there’s [prosecution], that will cause a reaction.”

Swift said he is worried that the Los Angeles County district attorney’s office and the U.S. attorney’s office may be influenced by political pressures.

“The president is running in a state he needs to win, and the D.A. [Gil Garcetti] is in a tough race [for reelection],” Swift said. “And here are two peace officers who used force and now they may be imprisoned because of the political winds.”

Sources close to the ongoing investigations say no final decision is likely this month on whether to prosecute the two deputies in either state or federal court.

Watson has sued his department, charging that he was coerced into writing a self-incriminating report of the incident without benefit of legal counsel or being able to review the videotape. He said he feared that the report would be used against him in possible criminal or civil proceedings.

Martin J. Mayer, the attorney representing the Sheriff’s Department, said Smith is frustrated that he cannot publicly discuss the case.

“He’d be happy to disclose everything if the deputies would release him from his obligation to confidentiality,” Mayer said. “He’s very frustrated with me because I won’t let him.”

Smith told the Riverside County Board of Supervisors he would take strong action against the deputies, but did not disclose details, Mayer and supervisors said. “They have no duty to know, or duty to perform, and there is no more reason for them to know than for the public to know,” Mayer said.

If the deputies appeal to Smith and are not satisfied, they can appeal to the county’s Civil Service commission at a private hearing. Further appeals can be made--publicly--in Superior Court.