By Walter Rubel
Las Cruces Sun-News
LAS CRUCES, N.M. — The recent investigation into allegations of public corruption at the county detention center was much more expansive than the criminal charges indicated.
Investigative documents obtained by the Sun-News through a public records request indicate that allegations of missing television sets and exercise equipment, frequent incidents of contraband being brought into the detention center, intimidation of witnesses and improper use of employees’ time were all included in the investigation.
Doña Ana County Detention Center Director Christopher Barela was arrested Dec. 8, 2015 on one count of fraud over $20,000 or, in the alternative, one count of embezzlement over $20,000, both second-degree felonies; one count of bringing contraband (a rifle) into the jail, a fourth-degree felony; and willful neglect of duty.
The first two charges were dismissed April 1 by District Attorney Mark D’Antonio, who said there was not enough evidence to go to trial. Less than a week later, Barela was cleared by a grand jury of the contraband charge, and the final charge — which was based on the three other allegations — was also dismissed.
Barela, who had been on paid administrative leave, returned to work at the detention center earlier this month.
The fraud or embezzlement charges related to use of the Inmate Welfare Fund for things such as mattresses, razors, towels, utensils and clothing. None of the criminal charges filed against Barela alleged that he pocketed those funds.
Doña Ana County Sheriff’s Office detective Ken Roberts, who led the investigation along with detective Eric Flores, said more than 1,000 man hours were committed to the investigation. He said the probe took more than six months to complete, and resulted in some 7,000 pages of documents.
In response to the public records request, DASO has turned over four large three-ring binders filled with documents, 12 compact discs and an external computer drive — all detailing the investigation. More documents are available for inspection if needed, Roberts said.
Roberts said he was prohibited from releasing information or discussing the case as long as charges were pending. But, now that the case has been resolved and there is no longer an active investigation, that information can be released, he said.
According to a summary of the investigation, DASO focused on 16 specific allegations:
Some 30 flat-screen televisions that were purchased by the detention center and now cannot be accounted for.
Employees bringing contraband into the detention center.
Improper use of funds for an inmate incentive program.
Use of the Inmate Welfare Fund, which comes primarily from commissary sales, to pay for holiday meals for employees and catering for staff meetings.
Use of the Inmate Welfare Fund to purchase gym equipment that was later donated to the PAL Boxing Club, where Barela is a coach and trainer.
Attempts to intimidate witnesses and obstruct internal county investigations of the detention center.
Maintenance work done at the PAL Boxing Club by employees of Aramark, a contracted vendor to the detention center.
Favoritism toward both employees and detainees who were connected to the PAL Boxing Club.
Disregard of county policy for two administrative employees.
Allowing for improper use of the county system for clocking into and out of work each day.
Improper accounting for overtime pay and sick leave for hourly employees.
Claims that Barela provided inaccurate information when applying for the position.
Barela taking home a county-owned rifle for his personal use.
Improper purchase of K-9 dog from a vendor who has an extensive relationship with Barela.
A new requirement that employees purchase all their meals from an employee canteen operated by Aramark.
Lack of a chain of command within the detention center.
Roberts said some of the criminal allegations could not be prosecuted because they allegedly happened beyond the statute of limitations. Other allegations looked into were not criminal in nature, but were violations of county policy, he said.
District Attorney Mark D’Antonio told the Sun-News editorial board he had concerns about the detention center, but didn’t believe there was enough evidence to go to trial.
“These kinds of trials are kind of my forte, because when I was at the U.S. Attorney’s Office I did complex RICO trials and things of that nature,” said D’Antonio, a former federal prosecutor, referring to the Racketeer Influenced and Corrupt Organizations Act. “There was more investigation to be made (after the arrest) to make the case.
“When there was a full-fledged audit done, and the facts and the witnesses all said what they had to say, that didn’t fully come to fruition. And so, at the end of the day, it was my opinion, and still is my opinion that there’s something amiss in the prison system. I’m not alleging that it’s Chris Barela’s doing or that he’s plotting, but I’ve seen enough to realize there’s something not quite (right). But there was not enough evidence to go to trial on that.”
Between the time he was arrested and the dismissal of charges, Barela filed a tort claim notice, dated March 2, alleging he was falsely arrested and imprisoned and intends to sue Doña Ana County.
Copyright 2016 the Las Cruces Sun-News