OCEANSIDE (CBS8) - Audio recordings captured by former Oceanside Officer Gilbert Garcia are now the center of a controversial firing, according to his attorney. The tapes reveal the Driving Under the Influence investigation and the admission by one of their own fellow officers, that he was behind the wheel after having too much to drink.
They are recording's, according to the criminal complaint filed in San Diego County Superior Court, that the top brass within OPD wanted deleted.
It's an interview from August of 2009, but it's at the heart of a 2012 lawsuit filed by former Oceanside Police Officer Gilbert Garcia who claims his unwillingness to destroy the recordings led to a fraudulent Sexual Harassment claim and his firing.
The complaint discusses an interaction between Garcia and a contract employee in 2008, however, Garcia alleges the conversations were initiated by the other employee and he cut the conversations off when they became uncomfortable.
"He had said something to her supervisor about she's a tease I don't want her around me, and so when she heard that she complained against him," explains Daniel Gilleon, attorney for Garcia.
Garcia's attorney claims the department told his client that they would slap both their hands and move on, and that both their jobs were safe.
But then this DUI issue came up involving the off-duty police sergeant and the audio recordings.
The suit claims that Officer Garcia and Sergeant Travis Norton responded to a call about someone drinking a beer while driving recklessly. Upon further investigation the license plate given by witnesses came back to one of their own, Sergeant Dave Larson, who when asked denied he was driving, but later admitted to it. In fact, in the recording, provided by Garcia's attorney, Larson appears to admit he's had too much when talking to Garcia's partner Sgt. Norton.
SERGEANT LARSON: I had a beer on the way home.
SERGEANT NORTON: Was that you driving past them?
SERGEANT LARSON: Yeah.
SERGEANT NORTON: How much have you had to drink? Then?
SERGEANT LARSON: Two.
SERGEANT NORTON: All right. Will you blow in a PAS?
SERGEANT LARSON: Now? I'm going to blow over.
SERGEANT NORTON: Okay. Why don't you hang tight here for me. Okay. I've got a couple calls.
Those calls were to Oceanside Police supervisors who Garcia claims told Norton to order him to destroy the audio recordings; and the Chief [of Police] had approved the "Wash Out".
"We believe he was told very clearly, don't let this thing come to light, get rid of the evidence and Garcia was the main obstacle," Gilleon said.
Ultimately, Garcia said he wouldn't destroy the recordings and gave copies to the Police Union Attorney.
As a result of his actions, Garcia claims, the police department then escalated the sexual harassment claim to a full scale investigation in order to push him out of the department.
The City of Oceanside claims the accusations are false. Furthermore, claims the release of the audio recordings is a violation of Penal Codes, as they were recorded during official business and therefore property of the Oceanside Police Department.
The recording device Gilbert Garcia used was one he purchased and was not a department issued device, according to his attorney.
Gilbert Garcia is suing for two years of back pay and to clear his name from the alleged sexual harassment case so he can return to work.
