The Imperial Police Chief Miguel Colon just got sued by a pair of detectives who work at departments nearby his Southern California border town for refusing to prosecute their rape complaint against a federal border patrol officer, instead contacting their employing superior officers to try and hush the victims.
The federal officer confessed 96 days ago.
Imperial Chief Colon won’t refer the case for prosecution.
All of the officers live in the sun soaked desert which bakes the town of Imperial, California’s 5,000 residents. Imperial sits just north of the US border next to Mexicali and east of San Diego on the way to Phoenix of Interstate 8.
Kali Orff is a detective with the Brawley Police Department. Her wife, Michelle Kristol, is a detective with the Ventura County Sherriff’s Office.
According to the lawsuit filed in California state court by plaintiff’s lawyers the Geragos Law Firm:
On the night of January 31, 2016 Detective Orff and a group of longtime friends all met in Imperial City at a friend’s home to celebrate a birthday. After a night out of celebration, the group returned to the friend’s home where the entire group was staying the night. Hours after going to bed, Detective Orff awoke as she was sexually assaulted by a male officer of the United States Custom and Border Patrol. Her pants had been unfastened and pulled down and her assailant was rubbing his penis against her buttocks.
Detective Orff punched her assailant in the face, called 911, and reported the sexual battery to the responding officers from the City of Imperial Police Department (“IPD”). After being interviewed by IPD officers, Detective Orff was transported to Pioneers Memorial Hospital where she had a S.A.R.T. rape exam completed by a nurse. The Federal Border Patrol officer was taken into custody and released the same day.
A Federal Border Patrol agent was arrested confessed to raping a female police detective with the Browley Police Department, but Colon refuses to refer the case for prosecution.
The agent is yet unidentified for fear of poisoning the jury pool, but he’s still on the job today even after the confession.
Detective Orff and her partner Detective Kristol’s lawsuit also alleges a serious California constitutional violation:
Chief Colon repeatedly violated Detective Orff’s California Constitutional rights, which ensure victims “be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.” California Constitution article I, § 28, section (b)(1).
The IPOA contends Chief Colon is “incompetent, disinterested, non‐communicative, uncaring, ineffective, and exerts control by force or fear. For the past several years, Chief Colon has destroyed the Department’s function, its efficiency, and the working conditions. Chief Colon has also damaged, and is attempting to damage police officers reputations both personally and professionally. These are a few examples why the Department’s morale is the lowest it’s ever been. Chief Colon regularly violates the Imperial Police Department Policy and Procedure Manual, the IPOA, Memorandum of Understanding (MOU), and Police Officers Bill of Rights (POBAR). As a result, several Officers have filed verbal complaints, written grievances, and serious civil lawsuits, against Chief Colon and the City. These lawsuits could potentially cost the City hundreds of thousands of dollars.
Currently, there are no less than three (3) potential lawsuits that are in or will be going to litigation. Chief Colon has created a hostile work environment and many IPOA members are afraid to file a complaint or to complain about him from fear he will retaliate against them. Chief Colon has threatened officers by stating he will, “fire them without cause,”and he will make them, “fight to get their job back.” Chief Colon has made these threats to individual officers in private, and in a group setting during a September 2014, department meeting. Recently, Chief Colon carried out his threats when he wrongfully terminated one of our police officers, and in a separate case, he placed another officer on administrative leave, all because the officers complained about him. The entirety of the Association supports these officers and believes they are being retaliated against and treated unfairly.
Clearly, there’s something fishy when you have a criminal complaint, and a confession by the only suspect, but no prosecution. But it’s uncalled for to have a police chief of any department spreading the confidential details of a sexual assault claim to any party who isn’t involved in the investigation.
Sadly, the plaintiffs believe that Imperial Chief Colon has a grudge because of their sexual orientation, and being women in law enforcement.
Even worse, Colon’s own Imperial Police officers would probably agree.
Either way, this is one of the most tragic cases of blue on blue crime we’ve seen reported at PINAC News.