San Marcos Policeman Beats Woman, Lies About It, Gets Caught, Gets Fired -- Now An "Arbitrator" Gives Him His Job Back, With Back Pay

San Marcos police officer re-hired after arbitrator decision
By Patrick George
The Statesman
Jul. 07, 2010

An arbitrator has rejected the indefinite suspension of a San Marcos Police Department officer fired last year over a use of force complaint and for making a false report about the incident.

In a June 23 decision, the arbitrator ruled that Officer Paul Stephens should be punished instead with a 15 day unpaid suspension. Stephens was re-hired by the department, who now owe him back pay since he was terminated, Police Chief Howard Williams said today.

In October, Stephens was fired by Williams, who said that Stephens used his baton unnecessarily against a woman who was not a threat to him during an incident outside a bar around 2 a.m.

In his report, Stephens wrote that the people were fighting, that the woman tripped on the curb and that she continued to fight with others after that. However, his patrol car video showed that none in the group were fighting, the memo said.

According to the memo, Stephens later admitted to Cmdr. Terry Nichols, who conducted the internal investigation, that the people in group were not fighting. Stephens also spoke with several officers about the investigation after being ordered not to do so.

Williams fired Stephens for violating the use of force policy, not fully disclosing the truth about the incident and insubordination.

Stephens appealed the termination to an independent arbitrator, Richard R. Brann, who on June 23 issued a decision saying Stephens did not violate the use of force policy. The arbitrator upheld that Stephens violated the order not to talk about the incident, but said that this did not interfere with the investigation and did not merit termination. Brann also ruled that he was not deliberately dishonest during the investigation into the incident.

Stephens was also involved in an Aug. 5 traffic stop that garnered national attention.

In that case, Stephens stopped Michael Gonzales on Interstate 35 for driving 95 mph, 30 miles above the speed limit. Gonzales and his girlfriend, Krystal Hernandez , were taking their dog, who was choking on food, to a veterinarian in New Braunfels. The couple said the dog died during the approximately 20-minute stop.

Stephens stopped Gonzales after chasing the couple’s car for about two miles, city officials said, as it swerved across three lanes. Footage from patrol car cameras shows that during the stop, Stephens chastised Gonzales for speeding, telling the distraught man that it was just a dog and that he could get another one.

After reviewing Stephens’ behavior, Williams apologized to the couple. City officials received thousands of e-mails and phone calls expressing outrage at the officer’s behavior.

FLASHBACK: Raw Video: Dog Dies While Cop Detains Owners
(This is the same Police Officer in action)