A Rampart Division CRASH officer pursuing a case against a 15-year-old accused of a fatal double shooting attempted to arrange the deportation of a high-profile neighborhood activist whose testimony could clear the youth of murder charges, the activist says.
The Los Angeles Police Department has not disputed that it arrested the activist and turned him over to the Immigration and Naturalization Service. An arrest specifically for deportation purposes violates departmental policy on cooperation with the INS.
Alex Sanchez, who is being held at the federal immigration detention facility in San Pedro, said his Jan. 21 arrest by Rampart Officer Jesus Amezcua came after months of threats and harassment against him and other activists in Homies Unidos, a group working to end gang violence.
Federal authorities said they were blindsided by the arrest and mystified by an LAPD news release that said the INS had been "actively looking for Mr. Sanchez."
Sanchez and others say Jose Rodriguez, the teenager accused of murder, was at a Homies Unidos meeting at the time the shooting took place in August. Sanchez said Amezcua, who built the case against Rodriguez, "really wanted me bad. He knew I was a witness. He took it real personal."
The arrest of Sanchez--whose detention has made him something of a cause celebre--is the most recent example of what critics say is Rampart Division officers' use of immigration issues to eliminate troublesome witnesses by having them deported. The division polices neighborhoods that are home to large numbers of immigrants, many of them in the country illegally.
In transcripts of his testimony in the unfolding Rampart scandal, Rafael Perez, who worked as an anti-gang CRASH officer in the division, describes how police would attempt to induce immigration authorities to deport people--a practice that violates a city policy barring police from engaging in immigration enforcement.
In Sanchez's case, deportation would remove one of the key witnesses who say they were with Rodriguez at the Homies Unidos meeting when the shooting occurred. Sanchez and other alibi witnesses, such as theater instructor Thom Vernon, say they have not been interviewed by authorities about the case against Rodriguez, who faces a sentence of 50 years to life if convicted of the murder alone.
Vernon, co-artistic director of Arts Expand, which directs Homies Unidos' theater and poetry workshops, said the young man was acting in a skit with him at the time the murder reportedly took place Aug. 12, 1999. The workshop ran from 7:40 to 9:40 that night, he said. Police say the shooting occurred at 8:30.
"I was absolutely with him the whole time," Vernon said of Rodriguez, who was 14 when he was arrested but is to be tried as an adult. "I don't even think he went to the restroom."
Federal authorities said they could not document any recent INS communication with the LAPD about Sanchez, though they said it was possible that in the past several years his name had appeared on an INS list of deportable gang members provided to the CRASH unit.
Capt. Bob Hansohn, Rampart area commanding officer, denied that the arrest was made at the whim of one officer.
"I don't think you're talking to the right people," he said. "If they weren't looking for him, why did they take him? My officers said they are working with . . . some [INS] field agents who were looking for this individual."
Assistant U.S. Atty. Shannon Wright said U.S. Atty. Alejandro Mayorkas decided Tuesday not to prosecute Sanchez for reentering the country illegally after deportation--he had been sent back to his native El Salvador in 1994. She said Mayorkas made the decision "based on equitable considerations and all of the information he learned in the past few years about Mr. Sanchez."
Sanchez is "in INS proceedings, and they're going to determine independently what to do in terms of his immigration status and whether he will be deported," Wright said.
Virginia Kice, spokeswoman for the Western region of the INS, said all removal proceedings against Sanchez are on hold pending further review of his request for special immigration status based on special grounds she declined to detail.
In an interview, Sanchez said he and Amezcua were well-acquainted by the time the officer arrested him. Last summer, Amezcua stopped him and photographed him, saying he looked suspicious, Sanchez said.
A few weeks later, on Aug. 6, Amezcua kicked open the door at a birthday party for Sanchez's fiancee, along with another officer who shoved a girl's face against the wall several times and hit Sanchez in the head with a baton, Sanchez said.
He said he next saw Amezcua after the slaying, at a Juvenile Court hearing for Rodriguez. After that, according to Sanchez, Amezcua began to stop him routinely on the street and search him, sometimes punching him in the groin, telling him: "We'll see who wins the court trial--his gang or our gang."