. Ric? Of?Cer Jackie L. Neal, #1485 Cit-b"- ., 6F San Antonio Police Department fit-4150 San Antonio, Texas 'i POL- .. .. ?atFire Fighters? and Pohce Of?cers? C1V1I Servrce Commisswn .?gz?x "1 I, L. U1 17? 111 Soledad, Suite 123 San Antonio, Texas 78205 Gentlemen and Police Of?cer Jackie L. Neal: Under and by virtue of the authority vested in me by Title 5, Subtitle A, Chapter 143 of the Texas Local Government Code, V.T.C.S., said chapter entitled ?Municipal Civil Service?, I do hereby temporarily suspend Officer Jackie Neal from the San Antonio Police Department, without pay. This suspension is to be effective on the 5th day of February, 2014, and is to end not more than thirty (30) days after the date of ?nal disposition of the felony indictment described below. The felony indictment referred to above was ?led on or about February 4, 2014, in the 226'11 District Court of Bexar County Texas under Cause No. charging, Of?cer Jackie L. Neal with the offenses of Aggravated Sexual Assault, Sexual Assault, and Improper Sexual Activity with Person in Custody (two counts), This temporary suspension is not intended to re?ect an opinion on the merits of the above felony indictment. A copy of this temporary suspension order is being ?led with the Fire Fighters? and Police Of?cers? Civil Service (4.42% P. MCMANUS, CHIEF OF POLICE - NTON lo POLICE DEPARTMENT Commission. On this the day of Temporary Suspension; 42/} if orric ACKIEVL. NEAL, #1485 Wrasse I I DATE: 24$ TIME: 13135" WE DATE: 3/4ng TIME: 273?@_ FILED THIS .3 DAY OFTC A, 2014, with the Fire ?Fighters? and Police Of?cers? Civil Service Commission. . x" is DIRECTOR, FIRE AND 2014, I hereby acknowledge receipt of a copy of the foregoing POLICE CIVIL SERVICE .2: COMMISSION 52 Cu: '71 3: :e 0:0 "an; a: gear) ?a (3:93 5? $353" 02/04/2014 15:38 FAX 2103352773 WHITE COLLAR CRIME DIV .002 momma ma: 150571-54 ORIGINAL FILED Address:? mam? CoDefendante: a?sgmoucrl?rg?gae Offense Coddcherge: 110021 SEXUAL ASSAULT DEPUIY GJ: 580692 PH Court: 226 Court SID #:7623682 Cause Witness: State?s Attorney I 0 IO lN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS. the Grand Jury of Bexar County. State of Texas. duly. organized. empanelled and worn as such at the January term. An. 2014. of the Judicial Dietridt Court of said County. in said Court. at said term. do and to said Court that in the County and sane aforesaid. and anterior to the presentment otthie indictment COUNT AGGRAVATED SEXUAL ASSAULT on or about the 22nd day of November. 2013. JACKIE LEN NEAL. herein to as defendant. did intentionally and io1owingiy the penetration of the sexual organ or% hereinafter referred to as the complainant. by the aexuai organ of the defendant. said not having been eomrn tied Mthout the consent of the complainant. and In the course of the some criminal episode the defendant deed and exhibited a deadly weapon. to?wit: a ?rearm; COUNT 2: SEXUAL ASSAULT on or about the 22nd day of November. 2013. LEN NEAL. hereinafter mod to as defendant. did intentionally and knowingly cause the penetration of the sexual organ of& hereinafter referred to as the complainant by the sexual organ of the defendant. eald act having been committed without the consent of the complainant; COUNT 3: IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY relna?er referred to as defendant. did on or about the 22nd day of November. 2013, JACKIE LEN NEAL. he who wee in custody. and the said intentionally engage in sexual Intercourse with defendant was a peace o?ioer: ?2 =2 Hd 9-933 INDICTMENT ORICSIINAJ30 OINUIHV NVS 30 .1 02/04/2014 15338 FAX 2103852773 WHITE COLLAR CRIME DIV I003 Defendant: JACKIE LEN NEAL JN 16057154 COUNT 4: IMPROPER SEXUAL ACTIVITY WITH PERSON IN CUSTODY on or about the 22nd day of November. hereine?er referred to as defendant. did intentionally engage In sexual contact wit hereinafter relened to as complainant. who wee in custody. by touching the breast of the complainant with intent to arouse or gratify the sexual desire of said defendant. and the said defendant was a peace of?cer: AGAINST THE PEACE AND DIGNITY OF THE ST ATE. Foreman of the Grand Jury 5% =2 Hd 5- 833 (4:130 saaunosae mum? emomv MS as oamaoae Of?cer Jackie L. Neal, #1485 . f, San Antonio Police Department is Hr, . ?5 . San Antomo, Texas .. . 2.. 5.125: Fire Fighters? and Police Of?cers? Civil Service Commission 111 Soledad, Suite 123 San Antonio, Texas 78205 Commissioners and Officer Jackie L. Neal: Under and by virtue of the authority vested in me by Title 5, Subtitle A, Chapter 143 of the Local Government Code, V.T.C.S., said chapter entitled ?Municipal Civil Service?, I do hereby suspend Of?cer Jackie L. Neal from paid duty with the San Antonio Police Department, inde?nitely, without pay, from his position as an of?cer of the San Antonio Police Department, effective immediately. Of?cer Neal has violated Subsection of Rule of the City of San Antonio Fire Fighters" and Police Of?cers? Civil Service Commission Rules, said rules having been adopted on February 23, 1998, and thereafter from time to time amended, by the Fire Fighters? and Police Of?cers? Civil Service Commission as the Civil Service Rules for the Fire and Police Departments of the City of San Antonio. The particular civil service rule violated by Of?cer Neal and ground for suspension is as follows: (12) Violation of an applicable ?re or police department rule or Special order. The Rules and Regulations of the San Antonio Police Department which Of?cer Neal has violated are as follows: RULE 3.02 - TRUTHFULNESS OF MEMBERS: Members shall speak the truth at all times. Reports and written communications from any member shall also re?ect the truth. RULE 3.04 - RESPONSIBILITY TO SERVE THE PUBLIC: Members shall serve the public through direction, counseling, assistance, and protection of life and property. Members shall also respect the rights of individuals and perform their services with honesty, sincerity, courage, and sound judgment. (C) CONDUCT AND BEHAVIOR: Members, on?duty or off-duty, shall be A. governed by the Ordinary and reasonable rules of good conduct and E53 behavior, and shall not commit any act tending to bring reproach or g: discredit on themselves or the department. :3 311m?) RULE 3.18 CITY (E) WASTE OR gig CONVERSION: Members shall not willfully Waste or cenvert to their own use any city owned supplies, equipment, or services. ?9 33? as" i RULE 4.03 - REQUIREMENT TO TAKE ACTION: On?duty members are required to take prompt and effective police action conforming to departmental policies with reape?ct to violations of laws and ordinances and matters affecting public safety coming to their attentidn, or of which they have knowledge. PROCEDURE 601 PRISONERS (.06) SEARCHING 0F PRISONERS (G) In situations where a male of?cer has either direct knowledge or reasonable suspicion to believe that a weapon or dangerous object is secreted in a particular place, other than within a body cavity of a female and a female of?cer is not present, the male of?cer may reach directly into the area to seize the weapon or dangerous object. Such actions shall be documented in the officer?s report. The factual basis for the instant disciplinary suSpension is as follows: On or about November 22 2013 Of?cer Jackie L. Neal came into contact with iter- she. pulled her Vehicle over at his direction near the intersection of Betty Avenue and Janice Lavon. Of?cer Neal had _cxi . iclc, at which time he performed a search of her body. said Of?cer Neal reached inside of her shirt and felt her breasts during that search. also reported Ollicer Neal performed a secondary scare i a er took her to the driver?s side of his patrol vehicle where he felt her vagina as be reached into her pajama pockets. ?further alleged Of?cer Neal handcuffed her and force or to ad over the rear seat of his patrol vehicle as he sexually assaulted her by penetrating her vagina with his penis. Of?cer Neal then removed the hand cuffs after the assault and then drove away from the IOCation, tellingmhe was letting her off with a warning. SAPD corn utcr recnr in icate Of?cer Neal ran records checks on and her vehicle at the time and location alleged. Those rccor showed that- was wanted on one municipal court warrant at the time Of?cer Neal performed the check. -subsequently made an outcry to a friend later on the morning of November 22, 2013, and then reported the incident to 'ce at approximately 12:45 pm. from a relative?s home at Of?cer lesus Cazares took a sexual assault report from and an investigation was initiated through the Special Victims? Unit. was taken to the Special 'Il ici3ll 33 canvass stuns costar HVS JO camsnau Victims? Unit where she provided a video statement to Detective Robert Vala'dez. Of?cer Neal became aware ol?thc allegation made against him by later that day when he was checking his email at his apartment and saw that he had been placed on Administrative Duty by Chief McManus. Office Neal called a supervisor, Sergeant Edwin Rivera, at approximately 5:24 pm. to inquire as to the reason for the order. Sergeant Rivera didn?t immediate] know the reason but looked into the matter and learned of allegations. Sergeant Rivera called Of?Cer Neal and advised Of?cer Neal of the accusations. Officer Neal then went to the Prue Road Substation where he used an SAPD computer in the report writing r00m to look up police information. on- Of?cer Christopher Martinez was in the report Writing room at?that time. He has reported D??icer Neat asked to use the computer to which Of?cer Martinez was signed on. Of?cer Martinez observed Of?cer Neal Write down information into a small notebook. for an individual named and then leave the substation. At approximately 7:35 Chi attempted to contact aunt, became fearful and called the police after Officer Neal contacted her at the residence and asked [h by name. grandmother, was returning ome while Officer Neal was still at the house and also spoke to Officer Neal, who asked fo_by name. At approximately 8:00 pm, Of?cer Neal was pulled over on a traf?c stop by Of?cer Abraham Cabrera at or near the intersection of W. Southcross Boulevard and Pleasanton Road for running a stop sign and for eedin . This intersection is roughly two thirds of a mile from Of?cer Cabrera was unaware the driver of the vehicle was Of?cer Neal, but because the driver appeared so nervous, O?icer Cabrera asked him where he was coming from. Of?cer Neal told Of?cer Cabrera that he was coming freni Of?cer Cabrera knew there was a call for police service dispatched to that address. Of?cer Cabrera checked with Of?cer Michael Kohlleppel, who was at taking a report from ?and and van ted the connection. Of?cer ea was detained until Special Vict-ims? Unit investigators and sergeants arrived at the location. Of?cer Neal was then taken to :5 Hi 12mm; mac NV NVS $0 Alli) Ulil?i Methodist Specialty and Transplant Hospital for a sexual assault exam to be conducted. An arrest warrant was issued for Of?cer Neal and he was later booked into the City Magistrate?s Of?ce on the charge of Sexual Assault. During the course of the criminal investigation of Of?cer Neal, two arrest warrants and three search warrants were issued. Of?cer Neal was arrested on the ?rst arrest warrant, for Sexual Assault, after the sexual assault exam. Of?cer Neal was arrested on the second arrest warrant, for Violation of Civil Rights Sexual Contact with a Person in Custody, on November 27, 2013. The ?rst search warrant was to conduct the sexual assault exam of Of?cer Neal's body, which was conducted the night of the incident The second search warrant was for Of?Cer Neal?s residence, which was listed in the SAPD Accounting Unit as 9107 Arroyo Hondo, Helotes, TX 78023. When of?Cers attempted to serve that warrant, it was discovered that Of?cer Neal had never actually lived at that residence even though he had declared that address to SAPD as his residence. This was reported by Of?cer Neal?s ex-girl?-iend, Sandra Diaz, who is the primary resident at the Arroyo Hondo address. The third search warrant was for Of?cer Neal?s actual home address of which was searched On November 23, 2013. Officer Neal provided a response to the above allegations to the internal A??airs Unit. He stated he did have sexual intercourse with _on November 22, 2013, but claimed that the sex was consensus . Of?cer Neal said made it known at the time he was releasing her from the tra?ic stop that she wanted him to call her. According to Of?cer Neal, they agreed that they would drive to a different location and talk. Of?cer Neal checked out on a lunch break and then drove to a nearby ?eld as followed him in her car. Ollicer Neal said he drove to a field at or near Ramirez Park and when he stopped his patrol unit, pulled in next to him. Of?cer Neal said he got out of his vehicle and walked to the passenger side of?car because he had planned on sitting inside the car. Of?cer Neal saidqwalked around to where he was standing and be in on his lips. an According to Of?cer Neal, he sandy??are you sure ion want to. do this,? and she said ?yes.? Officer Neal said then rformed oral sex on him until he was erect, at which time to ?lean over placing her hands on the iassenger seat of had her ear and had sexual intercourse with from behind. ?ll =6 Hi me :80 5338 ?0333 ?Win? VS :10 omnoaaws Officer Neal said he ejaculated and then told-he had to get back to work. According to The SAPD Public Safety AVL and Messaging Retrieval System, after the initial traf?c stop, Officer Neal stopped his vehicle at or near the intersection of Hunter Boulevard and Rockwell Boulevard, which is near Ramirez Park. This was between the hours of 02:41:10 am. and 02:48 :06 am, a period of approximately 6 minutes and 54 seconds. Officer Neal?s actions, as set out below, violated the Rules and Regulations of the San Antonio Police Department when he engaged in the following acts: 1. On or about November 22, 2013-, at about 2:33 am, Of?cer Jackie L. Neal made a traffic stop at or near the inteISection of Bett Avenue and Janice Levon. The driver of the vehicle was Of?cer Neal perfonned an inappropriate scare or ody during the traf?c stop in which Of?cer Neal reached under her'top, feeling her breasts,- and then felt her vagina while searching the ocket of her pajamas. Of?cer Neal also handcuffed ?nd then sexually assaulted her by forcing her to bend Over the rear seat of his patrol vehicle and then penetrating her vagina with his penis, all in violation of SAPD Rule 304(6). 2. On or about November 22, 2013, Of?cer Jackie L. Neal rfon-ned a search of the bod},r of a female suspect/prisoner. Of?cer Neal failed to request a female of?cer to; perform this search, as he was required to do, and subsequently failed to document his actions in his of?cer?s report, all in violation of SAPD Procedure 601 3. On or about November 22 2013 Of?cer Jackie L. Neal detained on a traf?c stop at or near the intersection of Betty Avenue and Janice Lavon. Of?cer Neal ran a criminal records check on?by computer, which indicated_ was wante on a Municipal Court warrant. Of?cer Neal failed to arrest ibr the active Municipal Court warrant as he was required to do, in violation of SAPD Rule 4.03. 4. On or about November 22 2013, Of?cer Jackie L. Neal drove lo?in an attempt to contaCt- =6 HV IZAW ?ll dElG 330300533 H?I'Hl'll'l OIHOLHV NUS gal?: 5 C- ?at her home when he discovered she had reported his sexual assault. Of?cer Neal contacted family members of at this residence, which caused them alarm and fear. family called the police when the determined Officer Neal was the person whom reported had sexually assaulted her earlier that day. Of?cer Neal?s attem to confront- -and his contact with 1y has brought reproach and discredit on the apartment, all in violation of SAPD Rule 304(0). On 0r about November 22, 2013, at 11:50 pm, an arrest warrant for the offense of ?Sexual Assault? was issued for Of?cer Jackie L. Neal. Of?cer Neal was arrested on this warrant and booked into the City Magistrate?s Of?ce on November 23, 2013. It is alleged by the Administration that the arrest of Of?cer Neal has brought reproach and discredit on the Department, all in violation of SAPD Rule On or about November 27, 2013, at 1:45 an arrest warrant for the offense of ?Violation of Civil Rights Sexual Contact with a Person in Custody" was issued for Of?cer Jackie L. Neal. Officer Neal was arrested on this warrant and booked into the City Magistrate?s Of?ce by SAPD detectives on this same day. It is alleged by the Administration that the arrest of Of?cer Neal has brought reproach and discredit on the Department, all in violation of Rule On or about November 2013, Of?cer Jackie L. Neal completed and submitted a ?Change of Residence Notice? falsely certifying his physical address to be 9107 Arroyo Hondo, Helotes, TX 78023. This address is actually the residence of Of?cer Neal?s ex-girlfriend, Sandra Diaz, who stated in a sworn written statement to the SAPD Special Victims? Unit that Of?cer Neal has never lived at her residence and merely used her address to aid his attempt to transfer to the SAPD K-9 Unit. Of?cer Neal was untruthful in this written address change communication, in violation of SAPD Rule 3.02. On or about November 22, 2013, at 6:29 pm, Of?cer Jackie L. Neal used a City-owned computer at the Prue Road Substation for personal reasons when he searched the computer under another officer?s password for the purpose '11 =6 Hit IE on till one saasnosau mos amount so MJO OBMECBU of seeking personal information about a complainant who had ?led a sexual assault report against him. A search of SAPD computer records indicate a City-owned Apple Desktop Computer was used to look up the incident number created Of?cer Neal when he pulled over- It is further alle ed that Of?cer Neal used information found on an attempt to contact her at at approximately 9:40 pm. on this same day, all in violation Rule 3 ?t 9. On or about March 25, 2014, Of?cer Jackie L. Neal g: responded to the SAPD Internal Affairs Unit in response to :33: allegations of sexual assault and other potential violations 3 :of the SAPD General Manual and Rules and Re lotions gm resulted from a traf?c stop of i 5 gr; Wthat occurred on November 22, 2013 while he was $353 on duty and operating a marked SAPD vehicle. In his ?9 5,2 response, Of?cer Neal admitted that he had consensual :3 [Ea sexual intercourse with at or near Ramirez Park, but trio to excuse actions claiming he had done so after checking out on a lunch break. O?icer Neal also admitted that the sex took place as he stood outside of vehicle while he was on duty and in his SAPD uniform. The actions of Of?cer Neal, engaging in the act of sexual intercourse in a public place while in uniform brings reproach and discredit on the of?cer and the Depamnent, all in violation of Rule 3134(0). A copy of the instant disciplinary suspension order is being ?led with the Fire Fighters? and Police O?ieers? Civil Service Commission. MAY 2 0 2014 DATE WILLIAM F. BF OF POLICE SAN ANTONIO POLICE DEPA ENT On this i 0 day of a? 2014, I hereby acknowledge receipt of the original of the foregoing inde?nite suspe ion. 1 acknowledge having received noti?cation that have ?fteen days from the date of of this suSpension during which to ?le a written appeal of this suspension with the Personnel Director of the City of San Antonio requesting either arbitration or the hearing of my appeal by the Fire Fighters? and Police Of?cers? Civil Service Commission. I acknowledge that I have been informed that if I appeal to a hearing examiner/arbitrator, I waive all rights to appeal to a district court except as provided by subsection 143.0570) of the Texas Local Government Code. I also acknowledge that I have been informed that my right to appeal the decision of a hearing examiner/arbitrator to district court pursuant to section 143.05 7 of the Texas Local GOvernment Code may have been modi?ed by the provisions of article 28 of the Collective Bargaining Agreement by and between the City of San AntOnio and. the San Antonio Police Of?cers? Association. M, miti?? DATE THVIE. L. NEAL, JAN ANTONIO POLICE DEPARTMENT DATE: 5?3: ,3 TIMEE - DATE: 2" TIME: I cf I i FILED on this the 2 day of 2014., with the Fire Fighters? and Police Offit.:ers1 Civil Service Commission. QM FIRE AND POLICE OF CIVIL SERVICE COMMISSION 33300 d3 mall?