Former San Benito Police Officer Candido Ortiz Jr. sat across a table from his former colleague San Benito Police Chief Martin Morales.
As he heard testimony from Cameron County Sheriff deputies, San Benito investigators and Morales himself about the day he allegedly held a police department issued gun up to sheriff deputies.
They were responding to a family disturbance call at his home.
According to Ortiz’s attorney Gilberto Hinojosa, the former police officer had been drinking and was asleep at the time deputies arrived at this home.
A war veteran, police swat member and 16-year officer with the department, Ortiz was fired as a result of the incident.
Investigators who testified said he violated multiple police department codes including acts showing lack of good moral character, misuse of city property and bringing the entire police department to bad light.
However Hinojosa argues the family disturbance escalated when deputies tried to force their way into Ortiz’s home.
"This police officer is asleep at his house, and someone - with the lights completely off - someone opens the door,” Hinojosa said, “and he didn't hear that it was a police officer, that it would be reasonable for him to assume that there was probably someone intruding into his house?”
Hinojosa adds that no one at Ortiz’s home was ever in danger, he did not break any laws and did not resist when San Benito officers called him over his work radio and asked him to come out of the home unarmed.
"From the moment that you received the dispatch to the moment that he was arrested, you have no knowledge of him violating any law, isn't that fair to say?” Hinojosa asked a deputy.
The deputy responded “right.”
Ortiz was charged with aggravated assault with a deadly weapon on a peace officer and fired this summer after his case was reviewed by Chief Morales and city administrators.
It will be up to the Civil Service Committee to uphold that decision or reinstate Ortiz as an officer.
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