San Jose

4 San Jose police officers face termination

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Four officers with the San Jose Police Department are facing termination.

Detective Ismael Lemus was arrested last year on charges of using a retired patrol car as his personal vehicle without permission. Police sources with direct knowledge of the situation said he is one of the four officers who received termination papers this week.

A second officer is accused of running the license plate of a woman he met at a community event and then later showing up at her door.

The last two officers responded to a domestic violence call and left without making any arrests, sources said. They are facing potential termination because the suspect in that case returned later in the evening and killed the victim.

The officers are entitled to what’s called a Skelly hearing – a disciplinary hearing before formal termination.

The San Jose Police Department did not comment, saying it doesn't speak on ongoing personnel matters.

"I’ve watched SJPD sadly become deeply involved in a negative spiral and it's going to take some time to pull out of this spiral," retired San Jose police Officer Michael Leininger said.

Leininger watched a series of firings last year and worries what the latest action will mean for an already short-staffed department and its morale.

"I see this as a tremendous problem," he said. "Not only with the San Jose Police Department with national issues with recruitment and retainment. It’s a serious problem."

On the positive side, Leininger said it's good that the department is demonstrating a willingness to hold officers accountable.

But more bad news could be on the way. Officer DeJon Packer died of a fentanyl overdose last year at his Milpitas home. Milpitas police said they have now delivered their file to the district attorney for possible prosecution, but a former prosecutor said that could bring up new questions for the department he worked for.

"This is a very big development," NBC Bay Area legal analyst Steven Clark said. "With the new prosecutorial focus on fentanyl, they are throwing the book at the drug dealers who are supplying it."

Police sources said Packer was with fellow San Jose police officers the night he died.

"I think the question will be can they track the fentanyl to an individual and who else was there?" Clark said. "Who else witnessed the ingestion of the fentanyl will be very key here."

The district attorney's office said it doesn't talk about the cases it may or may not be investigating.

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