May 22--A decertification hearing that could end a Lewiston police
officer's law enforcement career is under way at the Nez Perce County
Courthouse.
A hearing officer from the Idaho Peace Officer Standards and Training
program at Meridian began taking testimony Monday morning in a closed hearing
regarding allegations of off-duty misconduct by Officer Richard Fuentes, a
seven-year veteran of the department.
The hearing was expected to continue into today.
Lewiston Police Chief Steven Orr said Monday his department conducted an
internal investigation into the allegations last year. The incident occurred in
2010. "I took the appropriate action to modify that behavior so there
wasn't a repeat of it."
His opinion, Orr said, is that decertification isn't warranted in the
matter. "If I thought he should have been decertified, I would have
requested that from POST."
POST decided after corrective action was taken by the department to
initiate the decertification hearing, he said. "It's my understanding that
they received an anonymous letter."
Orr declined to give specifics about the complaint because it involves a
personnel matter protected by law. He did confirm the incident involved a party
attended by both department employees and civilians.
Fuentes remains on active duty during the POST investigation. He currently
is assigned to patrol after completing a two-year rotation in detectives. He
was the lead investigator in the first-degree murder case against Joseph A.
Thomas, who was convicted in December of killing his former wife, Beth
Irby-Thomas. Thomas is serving a life sentence.
A decision on decertification likely is several weeks away. The hearing
officer, Idaho Deputy Attorney General Jay Rosenthal, will prepare a
recommendation to the POST Council, which will decide whether to accept it or
reject it, according to Stephanie Altig, lead deputy attorney general with the
Idaho State Police.
The 16-person council is made up of three sheriffs, three police chiefs,
two FBI agents, a prosecutor and various administrative-level officials from
state government, the Association of Idaho Cities and Idaho Association of
Counties.
A full administrative hearing such as this one is unusual, Altig said.
Typically when an officer is charged with misconduct serious enough to warrant
decertification, most of them stipulate to the revocation and go on to another
career, she said.
Fuentes is represented by attorney Joseph P. Filicetti of Boise.