When South Tucson Police Department officers seized cash, vehicles, weapons, electronic equipment and other property linked to crimes, Lieutenant Richard R. Garcia was the one responsible for tracking the assets and referring them to the Pima County Attorney's Office for possible forfeiture. And Garcia, who was second in command of the department, received all of South Tucson's forfeiture orders from Arizona Superior Court in Pima County and personally arranged for the sale of forfeited assets.

He also personally maintained the records on impounded vehicles, received checks from the sale of forfeited assets, and collected federal asset-sharing funds from participating agencies, such as the U.S. Postal Inspection Service. The department had just one custodian of the evidence room--Garcia.

"If you only have one person doing it, you're just asking for trouble," said Sergeant Jim Cox of Virginia's Fairfax County Police Department.

Gambling, booze, and strippers
In this case, trouble may be an understatement. From February 2004 through May 2008, Garcia embezzled more than $450,000 from the tiny department, his plea agreement says. He reportedly stole forfeiture funds and evidence room money to finance his gambling habit, buy alcohol, and go to strip clubs.

Garcia was sentenced this month to nearly three years in prison and was ordered to pay more than $450,000 in restitution. After he is released from prison, he will be required to pay $200 per month in restitution.

Garcia was sentenced to nearly three years in prison, and must make restitution.

In January, Garcia pleaded guilty to felony charges of theft from an organization receiving federal funds and filing false income tax returns. As part of his plea agreement, he must make restitution to the Pima County Anti-Racketeering Fund (the "RICO Fund") totaling $200,644.59. Of that amount, 85 percent will go to the South Tucson Police Department and the remaining 15 percent to the Pima County Attorney's Office. He also is required to pay restitution of $254,318.86 to the South Tucson Police Department, the plea agreement says.

And he has to resolve his tax issues with the Internal Revenue Service and complete a counseling program, such as Gamblers Anonymous.

Garcia's attorney, Alfred S. Donau III, could not be reached immediately for comment.

 

Several cases in recent years
Thomas Rankin of the Pima County Attorney's Office said he believes there have been three cases during the last 15 years in which Arizona law enforcement officers were caught stealing money from their own departments. All involved "basically one detective who handles multiple roles," he said.

Rankin said that South Tucson police have been working with other agencies to reform the way asset forfeitures and seized evidence are handled.

South Tucson officials say they're scrambling to recover from Garcia's theft.

"These RICO and General Fund losses represent the singular most important reason for having to institute severe cutbacks in police protection, services, salaries and benefits -- to all employees -- through this fiscal year and continuing into the proposed new fiscal year," South Tucson City Manager Enrique G. Serna wrote in a letter to the court about Garcia. "Absent the theft of funds our city would have had to institute fiscal restraints, but not to the extent we're expecting now."

Sgt. Cox said he knows the lasting effects of officer thefts all too well. His predecessor in Fairfax County Police Department went to prison and was ordered to pay restitution -- of only $25 per month -- after stealing money and assets that had been seized from drug dealers and using it for personal expenses such as trips to Good Guys, a strip club in Washington, D.C. Cox said now all five members of his squad know how to do forfeitures and "it's never one person dealing with cash."