The San Jose Police Department's recent dark spiral of misconduct continues with news of four officers facing potential termination, according to an NBC Bay Area report. Detective Ismael Lemus, a 20-year veteran of the department, is among those implicated in these controversies for unauthorized use of a retired patrol vehicle without permission last year. Although a GovSalaries report indicates that Lemus was earning an annual salary of $217,356 in 2018—178% higher than the average and 213% higher than the median salary for City of San Jose employees—his alleged misuse of a police car for personal purposes casts a shadow over his professional conduct. Lemus' case highlights the ongoing scandal that has engulfed the department, resulting in disciplinary action and public scrutiny.
Another officer involved in the scandal is accused of tracking a woman in whom he was seemingly interested via her license plate and later showing up at her door, while the remaining two officers face potential termination due to their inadequate handling of a domestic violence call, as they left the scene without making any arrests, allowing the suspect to return and kill the victim per the NBC Bay Area report.
Before facing formal termination, the officers have the right to what is known as a Skelly hearing, a disciplinary hearing that ensures the employer provides notice of the proposed disciplinary action, reasons for the action, a copy of the charges and material upon which the action is based, and the right for the employee to respond either verbally or in writing, according to the UC Santa Cruz elr guide. These hearings are a crucial part of the due process rights for permanent public employees in California and are intended to prevent significant errors that would unfairly deprive employees of their livelihoods.
Allegations against San Jose police officers extend beyond this particular case, as a series of scandals has plagued the department in recent years, such as officers charged for on-duty indecent exposure and repurposing a decommissioned police car as a personal vehicle reported by The Mercury News in 2022.
Retired San Jose police officer Michael Leininger voiced his concern about the department's downward spiral, saying, "I’ve watched SJPD sadly become deeply involved in a negative spiral and it's going to take some time to pull out of this spiral," according to the NBC Bay Area report. He fears that the recent string of incidents and possible terminations will further impact the already short-staffed department and lower its morale. "I see this as a tremendous problem," he said. "Not only with the San Jose Police Department with national issues with recruitment and retainment. It’s a serious problem."
However, there is a silver lining in this troubling situation, as Leininger points out that the department's willingness to hold its officers accountable is an optimistic sign for the future via NBC Bay Area.
More challenges could arise for the department as it was reported that Officer DeJon Packer died of a fentanyl overdose last year at his Milpitas home, with NBC Bay Area's legal analyst Steven Clark stating that the new prosecutorial focus on fentanyl could throw the book at drug dealers supplying it according to the same report. The investigation into Packer's death raises further questions for the department, with Clark asking, "Who else witnessed the ingestion of the fentanyl will be very key here?" The outcome of that investigation could impact not only the individuals involved but also the reputation of the San Jose Police Department as a whole.
