1939 NEE. Loop 410, Suite 300 San Antonio,TX 78217 Office: 210-822-4428 Fax: 210-822-8720 wwwsapoa.org Michael Ele President Dean Facher Vice Peden Rob Grads Treasurer Mike Despret Seceay James Foster Pamenaran Arthur Lindley Sergeancat Arms To: The Honorable Mayor and City Council From: Detective cael F. Helle Presklent uf the San Antonio Police OfieersAccocaton Subject: Recent December 23,2017 Smuggling case handle by SAPD ‘There has heen a tremendous amount of attention drawn to our city over the recent events involving the decision oy our Chief of Paice to release 12 undocumented aliens and deviate from normal SAPD procedures to prosecute a smuggling case, As the elected voce of the men and women working for the San Antonio Police Department that represents them through contrat negotiations, work related issues, healthcare, and grievances ts my duty to cal for actlon, Never n my 28-year tenure ‘working forthe San Antonio Police Department have we witnessed such actions, taken by a Chief as \were done on Dec 23,2017 that have attracted so much media attention. [asa matter of reference for members of cour in 2016 our ENTIRE department, through in-service training, were taught the differences and proper way to handle human trafficking and smuggling cases and all availabe resources that support victims of suc crimes. Athough recent event descriptions through communications of our Chief have intertwined the definitions to create a plausible explanation for his most recent actions. The it of San Antonio has an entire page dedicated fr explanation and Lnderstanding ofthe crimes, htps//www. sanantonio gov/SAPD/Human-Trafcking Below are definitions zat explain the difference between human trafficking and human smugaing. ‘+ Human Teffickingis defined as the recrultment, harboring, transportation, provision or obtaining of a person for labor o services through the use of force, fraud or coercion forthe purpose of Subjection to involuntary sertude, peonage, debt bondage or slavery. It includes any actin which a ‘Commercial sex ats Induced by force, fraud or coercion or in which the person induced to perform such act has not attained 18 years of age. ‘+ Human Smuggling s defined as the importation of people into the United States involving deliberate ‘evasion of immigration laws, This offense includes bringing egal aliens into the United States as ‘well asthe unlawul transportation and harboring of alien already inthe United States. ‘+ Human Trafficking and Human Smuggling are not interchangeable terms. Smuggling is transportatlon-ased. Trafficking fs explolttion based. “These definitions do not ge into the detaie ofthe proper way tn investigate and prosecute these crimes as they are technical and very dificut and require the proper technical traning and fel experience to ‘manage a postive ourcome, As has been very well published, our department has received federal grant ‘monies to teach and partner with aur federal counterparts infighting these types of horible crimes. Our department has several SAPD detectives asigned to Homeland, and deputized as federal agents who Work sde by side with Homeland Security investigation (HS), In the investigation and prosecution of Such cases. Our department already has @ working protocol and has been taught through in-service traning that Homeland agents along with our detectives ae the experts in these types of cases. Hold flown the scene and call them to investigate and take over. From that point, SAPD wil assist where needed in transportation, any medical attention if necessary etc. On December 23, 2017, that was txactly what was happening until our Chief of Police, unrequested showed up at the scene. The City ‘Manager is correct and that he can go to any eal he wishes and change the rues of our operations astallow the experts to handle the case. The Chie instructed the HSI agent he wasn't needed and that SAPD would handle the case, 1. Why wouldn't he allow the proper investigating agency to handle this case? Hindsight wil prove ‘that his decision may have completely forfeited any prosecution ofthe actor(s). 2. Why were 12 ofthe subsequent actors involved (not victims being transported as noted in the definition of smuggling) leased without propery identifying them? They all were released by ‘order of the Chie, out th rear of our police headquarters to the charity agency he had called and arranged for pickup. (note: none ofthe institutions called by the chet are even listed in source ‘material by the city) He continues to describe these actors as victims but, by definition, are a party to the offense committe. All suspects, even if you are unsure oftheir potential clazzification for your case should always be run through our SAPD database, TCIC and NCC atthe very least. For proper prosecution everyone must be identified If summoned to cout, but in this case, all were Feleased without proper vetting of identification Basically, SAPD doesn't know who they really are for even how to find then again If needed for court. To add insult to injury, our databases are limited hence why we colaborate with Federal Agency's to utlize thelr extensive network of data for such cases, 43, Why did the Chief order that no one be propery identified? If not, who did? Another reason his deviation is noteworthy & thatthe last case our Bexar County DA's fice handled for smuggling ‘was back in 2011 All cass ae ied federally for proper prosecution Jurisdiction and to maximize the penalty for comnitirg these terrible crimes. 4, Why would the he dedde to prosecute fora lesser state offense in leu ofa more serious federal offense? “These are only afew ofthe questions regarding the Chie’ actions and decisions made on 12/23/2017 As president representing the membership, | feel the actions he took that day were in direct conflict With the expectations set by the departments rules and regulations. The specifications taken can be seen as contradictory with the previous disciplinary actions taken bythe Chef in pio disciplinary cases Prior punishments for offenses he has reviewed have resulted in severe disciplinary actions, such as terminations. Oniy time wil el us the ful impact of his declsions but, our outry to you i to place him ‘on Administrative leave pending the full Investigation of a State or Federal agency best equipped In “understanding the complexities ofthis situation and to investigate if any State or Federal laws have been Violated, in adition to the obvious violations ofthe general manual. This ation would eliminate any appearance of special treatment or the fear of possible retaliation. In closing, | would lke to thank you for your time and consideration in this most serious matter. | pologie forthe lengthy corespondence but due tothe complexity ofthe matter It was unfortunately necessary. Iam at your disposal to further discuss, arty or provide adltional deta gre Michael President San Antonio Police Officers AssociationCity of San Antonio website HOW To REPORT HUMAN TRAFFICKING you suspect that you ar someone els sa vltim of human trafficking, please contact Sex Crimes by eral: or call the Sex Crimes Unit at 210-207-2313, Monday — Friday, between 7:45 am and 4:30 pm. The after-hours contact number for ‘the Night Detectives is 210-207-7389. fa criminal offense sin progress, please call 911 for life threatening ‘emergency, oF the non-emergency linefor a non-life threatening event at 210-207-SAPD or 210-207-7273. [ADDITIONAL RESOURCES AND INFORMATION. ‘an Antonio Police Department You Tube Channel: itns//urww, youtube. com/channel/ UC3-S47y6-2ekrSL/53e XW Immigrations and Customs: hitp://wwace.gov/human-affiching/ Ft, hetp//wru. foi gou/sbout-us/investigatelch ns Us Department of Labor: htp//wvw.do gov/iab/neograms/oct 1939 NE, LOOP 420, SUITE 300 «SAN ANTONIO, 1X 78217 + OFFICE: 210.822.4428 FAK: 210.822.8720