SHOOTING: GALVAN, SAN BENE COPS, ACTED "IMPROPERLY"

(Ed.'s Note: One of our seven readers has told us that he or she clicked on the link at the bottom of this post and that the Valley Morning Star website had taken down the story and it never appeared in the newspaper. Why? We have no way of knowing. We will try to link the entire story for our reader. Please check again as we attempt to make it available. We now have acquired a PDF copy where you can read the article as it first appeared online.)

By Fernando Del Valle

Valley Morning Star

SAN BENITO — After nearly a year, the city has released a probe’s findings into the fatal police
shooting of a 21-year-old unarmed man in 2018.

The city’s internal affairs investigation report states evidence indicated former Chief Michael Galvan,

officers David Rebolledo, Victor Espitia, Jose Santos, Oscar Lara and Detective Manuel Alvarez acted improperly during a 22-mile pursuit that led to the fatal shooting of Ricardo Treviño, 21, of San Benito, on Dec. 7, 2018.

On Friday, interim Police Chief Fred Bell stated he reprimanded several officers, whose names he
didn’t disclose.

“Based on the IA report, I initiated a Civil Service disciplinary process against several individual officers involved in this incident,” Bell stated. “I followed the Civil Service law as well as the requirements of the labor agreement.”

“The outcome of the IA process resulted in issuance of a disciplinary suspension, several reprimands
and a couple of resignations,” he stated. “I reviewed the department policies in place at the time of the incident and determined them to be up to date with current law enforcement practices. I initiated steps to remind and re-confirm with law enforcement personnel that it was their duty and responsibility to be aware of the policies and to adhere to them.”

When Galvan was reached by telephone by the Valley Morning Star, communication dropped. (Galvan, who ran for sheriff of Cameron County as  Democrat is now actively supporting incumbent Omar Lucio in his runoff with former District Clerk Eric Garza who he has insinuated in various social media posts stole some computer equipment from that office, among other things.) 

In March, 2019, city officials hired Bruce Mills, a former Austin Police Department assistant chief, and Mary Hesalroad, a former Austin police sergeant, to lead the police department’s internal affairs investigation.

“Mr. Mills and Ms. Hesalroad were hired by the city in order to have a law enforcement investigator with no prior ties to the San Benito Police Department to conduct the administrative investigation,” interim Police Chief Fred Bell said, adding the Texas Commission on Law Enforcement licenses the retired officers “with extensive internal affairs experience.”

April Flores, Treviño’s mother, said the investigation’s report documents extensive violations.

“It shows all the policies that they broke,” she said. “My son never had a criminal record. He was a

good kid.”

Galvan findings

The investigation’s report said evidence indicated Galvan violated policy when he fired at Treviño’s
car, used “aggressive driving tactics” and allowed the “desire to stop Mr. Treviño outweigh his
obligation to protect innocent motorists and others.”

“As seen on video, once Chief Galvan became physically involved in the pursuit, his aggressive driving tactics caused Mr. Treviño to react in ways that contributed to the danger to other motorists,” the report states.

“An example is when Chief Galvan attempted to box-in Mr. Treviño near Calle Paloma, causing him to swerve and brake hard to maintain control of the Nissan,” the report states. “A white pickup turning right onto FM 732 from Calle Paloma pulled over onto the grass to avoid Chief Galvan and the Nissan.”

“Another example is Chief Galvan’s decision to catch up to the Nissan after the maneuver near Calle
Paloma/FM 732 and pass the vehicle as the pursuit traveled through an active school zone,” the
report states.

“An unintended consequence of his action here was when Mr. Treviño turned right onto Catalina Road in an apparent attempt to avoid another boxing-in attempt by Chief Galvan,” the report states.

“While in this area, Mr. Treviño drove behind the middle school, through the yards of residences on two different sides and eventually went back through the active school zone in front of the school.”

“A preponderance of the evidence indicates Chief Galvan violated pursuit policy,” the report states. “A finding of improper conduct is recommended for his allegation.”

Bell reprimanded Galvan for discharging the firearm at Treviño’s car in an attempt to stop the vehicle
during the pursuit, Alex Guajardo, an attorney who represented Galvan, said in an earlier interview.

In October 2019, Bell reassigned Galvan to a lieutenant’s rank — the rank he held before he took the
chief’s job about four years ago.

Wrote a commenter: "Galvan is on Patrol and in charge of a shift. Hopefully their is not a repeat of the incident in the article.What a liability the city has taken on."

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