The ongoing drama in the San Mateo County Sheriff’s Office continued Monday, with the county’s top prosecutor saying a deputy accused of timecard fraud committed no crime, and the sheriff’s association deputy calling for a civil rights investigation at the sheriff’s office.
Carlos Tapia, who is president of the San Mateo County Deputy Sheriffs Association, had turned himself in on Nov. 12 to be arraigned on the charges. In ordering the arrest, San Mateo County Sheriff Christina Corpus said at the time that she had “consulted” with San Mateo County Prosecutor Stephen Wagstaffe on the charges, which included felony grand theft.
But in a statement Monday, Wagstaffe said the sheriff’s investigation into the alleged time card fraud was “extraordinarily limited” at the time Tapia was booked and the case was sent to the district attorney’s office. The acting deputy sheriff who led the investigation acknowledged in his report that the investigation was incomplete, according to the prosecutor’s press release.
“We concluded that there was simply no crime here,” prosecutor Stephen Wagstaffe said in an interview.
The district attorney’s office conducted a “thorough” review of the allegations, Wagstaffe said, including interviews with Tapia, Tapia’s supervisors, the acting deputy sheriff who led the sheriff’s office investigation, officials with human resources and more. Prosecutors concluded “without doubt that Deputy Carlos Tapia did not commit grand theft, theft by false pretenses or any type of time card fraud,” according to a statement from Wagstaffe’s office.
Tapia should not have been arrested and there was no reason to believe a violation had occurred, the investigation also found.
The prosecutor’s office also spoke with the acting deputy sheriff who led the initial investigation, who agreed that the prosecutor’s investigation “definitively” concluded that Tapis was not guilty of criminal conduct, according to the press release. They also found that incorrectly coded hours did not result in any monetary loss for the sheriff’s office.
“I am grateful to the District Attorney’s Office for recognizing these charges for what they were: another attempt at retaliation by Sheriff Corpus for an expressed loss of confidence in his administration,” Tapia said during of a press conference Monday afternoon. “Despite the personal stress this has caused me to fight to clear my name, I love my job and am proud to serve the people of San Mateo County.
“My fellow deputies and I look forward to the day when we can work with a new sheriff who will restore the trust and transparency the public deserves from their Sheriff’s Office.”
The sheriff’s deputies’ association is seeking a civil rights investigation into the sheriff’s office’s actions in Tapia’s arrest, he said at the news conference.
Tapia’s surrender last month came just hours before the release of an independent investigation into the allegations against Corpus, detailing allegations that the county’s first Latino sheriff had an inappropriate relationship with his chief of staff, allegedly retaliated against officers and employees and allegedly used racist and homophobic slurs. the workplace.
Corpus strongly denied the allegations at the time of the report’s release, calling them defamatory and politically motivated, and vowing to fight what it described as a corrupt network of “good ol’ boys” in the county.
Corpus said in a statement Monday that his office would continue a separate internal review into Tapia.
“As with any crime allegation, initial information is presented and additional follow-up is done,” Corpus said. “Once the criminal investigation is complete, a separate internal review will take place, which is standard protocol when the arrest involves an employee. The internal review will be conducted by an independent third-party investigator to ensure it is a fair process.
Wagstaffe said the confusion around the time cards stemmed from clerical errors involving entering hours with an incorrect code for time spent performing work for the DSA; Tapia is entitled to devote 75% of his working hours to this position, Wagsaffe said.
“It didn’t change anything, the money was being paid to him anyway – he was working for hours,” Wagstaffe said.
Wagstaffe added that it is “unusual” for the sheriff’s office to make an arrest without a warrant in a case like this. Cases that are investigated for a potential crime such as theft are typically investigated, referred to the prosecutor’s office for review, and then an arrest warrant is issued, explained Wagstaffe, adding that it is legal to make an arrest without a warrant and “up to the law enforcement officer.”
A statement attributed to the Deputy Sheriffs’ Association said they were “pleased” with the results of the investigation and called the arrest “a clear attempt to silence an opponent and stifle dissent.”
“We believe the arrest was nothing more than a criminal conspiracy committed by Sheriff Christina Corpus and her management team,” the statement said. “Sheriff Corpus created a culture of fear and retaliation, and she allowed that culture to flourish. Employees are afraid to engage in protected union activities for fear of illegal arrest and persecution. The only way to end this culture is for Sheriff Corpus to resign or be removed from office.
San Mateo County Supervisors Noelia Corzo and Ray Mueller also called for Corpus’ resignation during Monday’s news conference.
“I think back to that day and the heaviness that was felt throughout our county – especially those who understood the gravity of what it meant, what line was crossed when our sheriff ordered the false arrest of Deputy Tapia,” Corzo said. “(Corpus) should have resigned months ago, and I hope we continue to share the truth.”
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