Officer accused of mishandling two cases will have promotion reinstated

A Pueblo police officer who was demoted from sergeant to officer after being accused of mishandling two cases will have his promotion reinstated.

The Pueblo Civil Service Commission ruled on Tuesday to reinstate Officer Jeffrey Capito as a sergeant effect Mar. 31.

KRDO NewsChannel 13 spoke with Capito’s lawyer after the hearing about the commission’s decision.

“What it says is that if you’re wrongfully accused of some reported violations within the department, you have an array of redress — a body that’s willing to listen and ultimately decide based on what is the truth,” said Patrick Avalos, Capito’s lawyer.

The city of Pueblo filed a complaint in District Court against the Pueblo Civil Service Commission on Jan. 5. The city filed the complaint on behalf of the Pueblo Police Department, regarding cases involving Capito. He was demoted on Aug. 12, 2014, to officer, following his six-month probationary period.

Avalos said Capito did not violate department policy and said the commission’s decision on Tuesday night validates there were false allegations made against his client.

First of Two Cases

According to the 10-page complaint, on May 1, 2014, Capito was acting as a supervising sergeant when another officer made him aware that a woman, suspected of driving under the influence, was about to be booked into the Pueblo County Jail. The complaint states that the woman’s husband is a friend of another officer. That officer called Capito to check on the status of the case.

“On his own initiative, Officer Capito drove to the Pueblo County jail to find out the status,” according to the complaint. Capito then ordered the officer making the arrest to cite and release her.

The complaint states that Capito said that an officer is allowed to use discretion whether to arrest or cite and release a DUI suspect, but Velez countered that the “only motivation” Capito had for releasing the woman was because of her husband’s relationship with another officer.

Velez added that before Capito was promoted to sergeant, he worked as a DUI enforcement and drug recognition officer. According to the complaint, before releasing the woman, “Officer Capito had never cited and released a DUI suspect unless the suspect was injured, incapacitated or admitted into the hospital.”

Second of Two Cases

The other incident that led to Capito’s demotion involved a case on June 26, 2014. Capito was the acting sergeant when he became aware that a fellow officer “arrived at the station prior to his shift intoxicated,” the complaint said.

Another officer reported to Capito that he saw that officer, who appeared intoxicated, unholster his gun and slam the weapon down, according to the complaint.

Capito confronted the drunk officer, the complaint said, and took his weapon. A short time later the officer “was allowed to go home without Officer Capito determining his ability to drive or securing him a ride home.”

Pueblo Civil Service Commission

The Civil Service Commission began hearing about the two cases last year. According to the complaint, Velez first became aware that Capito ordered that a woman, suspected of DUI, be released through an officer, who asked to remain anonymous.

The three-member commission wants Velez to reveal which officer told Velez about it. According to the complaint, “if Chief Velez remained steadfast in his refusal to disclose the identity of the confidential informant, the Civil Service Commission would sanction the Department by rejecting the demotion of Officer Capito, effectively reinstating Officer Capito to the rank of sergeant, without any further proceedings.”

Velez said, in the complaint, that he corroborated both cases involving Capito with other officers in the department. Velez added that releasing the anonymous officer’s name will “chill employees’ willingness to approach Chief Velez” and other members of the staff with complaints.

Velez and Capito declined an on-camera interview. Velez said the officer suspected of being drunk at work retired. Ken Rhodes, president of the police union, said the officer in question never came to work intoxicated.

Capito has been with the Pueblo Police Department since 2002. He has worked in the patrol division and the traffic section as a hit-and-run investigator.