Monterey County DA’s Office rejects charges filed against a deputy after incident at the jail
SALINAS, Calif. (KION-TV) -- The Monterey County DA's office confirmed Monday that after reviewing the case regarding Deputy Gaspar Estevez, they have found no proof beyond a reasonable doubt that supported Deputy Estevez committed any crime.
Early November, Deputy Estevez allegedly kept a five-and-a-half-inch-long inmate-manufactured weapon--also known as a shank--after confiscating it from an inmate. He told investigators that he brought the shank home and put it on a shelf in his garage, forgetting that it was there.
Deputy Estevez told investigators that he wanted to investigate inmate shank-making within the jail to determine what materials were being used, expose the activity to jail officials and make the jail a safer facility.
“As the interview continued, Estevez remained cooperative and repeatedly consented to searches of his locker in the jail locker room, his vehicle, his cell phone, and he agreed several times to take us to his house to retrieve the shank," wrote the investigation documentation. “Estevez voluntarily opened his garage and showed us the shelf in the garage where the shank was located.”
During the investigation, it was also noted that there were no illegal weapons, drugs or other contraband found in Deputy Estevez's locker.
The Sheriff's Office submitted three charges to investigate: illegal possession or manufacture of a weapon in a penal institution (which only an inmate can commit), conspiracy to possess or manufacture a weapon in a penal institution, and destroying or concealing evidence (which requires that the shank “is about to be produced in evidence” in a trial or investigation, according to the DA's office).
"The investigation submitted did not disclose sufficient proof of any crime," concluded the DA's office.
“We believe a crime did in fact occur, however, it is up to the District Attorney to make a decision on whether or not to file charges," said Tina Nieto, Monterey County Sheriff. "This decision does not change the circumstances of what occurred and what was investigated in this case.”
Sheriff Nieto added that Deputy Estevez is still on paid administrative leave while an internal investigation is completed.
