Second deputy fired in Goforth case
2 officers accused of having relations with witness; another is investigated
The Harris County Sheriff’s Office has fired a second deputy for having a sexual relationship with a woman who witnessed the slaying of Deputy Darren Goforth and who was reportedly also involved with himat the time of his death.
In addition to the three deputies now known to have had relationships with the witness, the sheriff’s office revealed Wednesday that it is investigating whether a fourth deputy was also having a relationship with the woman.
“There is another investigation in the process, with similar allegations against another deputy,” said sheriff’s office spokes-man Ralph Gonzales.
Deputy Marc DeLeon, a 14-year veteran, was fired for lying about a relationship he had with the woman prior to Go forth’s killing.
Goforth, 47, was gunned downat a suburban gas station while refueling his patrol vehicle on Aug. 28, 2015.
“Following the murder of Deputy Darren Goforth and the subsequent inves- tigation, Sheriff Hickman has instructed the Internal Affairs Division tocontinue their review of employee misconduct with a witness in the case,” the department said in a statement Wednesday.
“The ongoing investigation by our Internal Affairs Division concluded that
Deputy DeLeon was untruthful during the course of their investigation.”
The burgeoning sex scandal enveloping the department is complicating the prosecution of the man accused of gunning down Goforth while he was gassing his patrol car.
The case was further compromised Tuesday when Shannon Miles, the alleged killer, was declared incompetent to stand trial on capital murder charges and was committed to a state mental hospital for 120 days.
Weeks after Goforth was killed, prosecutors revealed in a legally required disclosure that an eyewitness told investigators she had been sexually involved with Goforth. The woman’s name has been disclosed in court documents but is not being identified by the Houston Chronicle because she is not charged with a crime.
Then in October, the sheriff’s office revealed that a veteran homicide investigator, Sgt. Craig Clopton, had admitted to “consensual sexual contact” with the woman. The sheriff’s office fired Clopton for the misconduct, which Harris County Sheriff Ron Hickman described as “unethical and inexcusable.” ‘A higher standard’
The woman has become a central figure in the case because Miles’ attorney, Anthony Osso, is arguing that Goforth was at the gas station the night hewas killed to meet her and therefore was not technically on duty. That would mean Miles is ineligible for the death penalty, Osso argues.
De Leon’s attorney, Joshua Normand, said that his client was appealing his termination to Harris County’s Civil Service Commission and declined to comment further.
Asked about DeLeon’s termination Wednesday, Hickman declined to give specifics. “I can’t go into details because his appeals process has not yet been exhausted ,” Hickman said .“But his alleged conduct would concern any law enforcement leader.”
Earlier this month, the sheriff’s office amended its misconduct policy requiring deputies not to have sexual contact with “any individual who is a party to an ongoing active investigation.” Previously, it only forbade sexual contact with persons in custody, Gonzales said.
Harris County Deputies’ Organization president David Cuevas referred questions about DeLeon’s termination to his attorney but disputed the notion of a widespread problem of sexual misconduct or improprieties among the sheriff’s deputies.
“This type of behavior is not known throughout the department,” he said. “That’s not common practice and moral practice of our employees. We’re held to a higher standard, we absolutely don’t condone that behavior.”
Since 2012, however, the department has disciplined at least 38 deputies or jailers for cases involving sexual misconduct, sexual harassment or improper fraternization, according to disciplinary records obtained by the Chronicle. The records show the department also disciplined at least four deputies or jailers for failing to report sexual assault or misconduct. ‘Should have discussed it’
On Tuesday, after Miles was declared incompetent, his lawyer said he could be in limbo for months while he waited for a bed to open up at the state mental hospital in Vernon.
On Wednesday, however, state Senator John Whitmire, D-Houston, said he had cleared the way for Miles to go to a mental health facility immediately.
“The circumstances of his case are so sensitive,” Whitmire said. “Being housed and guarded by colleagues of the fallen officer make it really pressing that we get him out of the Harris County Jail .”
Responding to those concerns, Whitmire said he contacted the director of facilities to get Miles a spot within days.
“To say there’s a three-month waiting period, I just don’t think that’s a safe, healthy environment to be confined by deputy sheriffs who suffered such a loss,” Whitmire said. “There are human feelings on all sides, and I think it serves the system and all concerned to get him to the hospital as soon as possible.”
Defense attorney Osso said his client should not have received special treatment by being put at the front of the line. The lawyer said he did not have any safety concerns and complimented the jail staff.
“I have a good working relationship with the jail captains and they’ve been very accommodating,” Osso said. “I would have thought (Whitmire) would have at least discussed this with Miles’ defense team before doing something like this. He should have discussed it withus.”
Under Texas law, a suspect can stand trial only if heunderstands the charges against him and can aid lawyers in his defense. It is not the same as a plea of “not guilty by reason of insanity,” which is a different court procedure that Miles’ lawyers said they would not address until his competency is restored.