CALIFORNIA
A federal grand jury indicted a California detective for abusing his position of trust as a police officer when he conspired with a narcotics dealer in the operation of a drug organization, officials announced Friday.
Damacio Diaz, 43, of McFarland, California was named in a 16-count indictment returned Thursday. He worked as a detective with the Bakersfield Police Department, officials said.
“No one is above the law,” said FBI Special Agent in Charge Monica Miller. “The alleged criminal activity put law enforcement officers at grave risk and significantly undermines public trust in law enforcement. The FBI is committed to working with its enforcement partners to root out officers who have abused their trusted role, and we thank the Bakersfield Police Department, DEA and IRS for their assistance with this extensive investigation.”
Diaz was a subject of the movie McFarland USA and became a Bakersfield police officer, according to an ABC News TV report.
The indictment charges that Diaz, in exchange for bribes from the dealer, he did the following:
- Provided the dealer with intelligence on law enforcement practices and activities
Disclosed the names and identities of police informants - Tipped the dealer off as to police investigations
- Attempted to provide the dealer protection from search, seizure, arrest and prosecution
The indictment also charges Diaz with bribery, retaining seized narcotics on multiple occasions for his own unlawful gain, disclosing contents of a wiretap investigation and two counts of filing false tax returns.
Diaz has been on paid administrative leave from the Bakersfield Police Department since this investigation was initiated.
“When a police officer misuses his badge to commit crimes for personal profit, it is the ultimate betrayal of public trust,” said U.S. Attorney Benjamin Wagner. “While it is a sad day for the Bakersfield Police Department, the department should be proud of the outstanding work it has done, together with the FBI, DEA, and IRS-CI, effectively investigating this case over the last few months.”
“The criminal behavior alleged in this case is reprehensible,” said DEA Special Agent in Charge John Martin. “Officers take an oath to protect, serve and uphold the law. Actions like those alleged in the indictment shatter that promise and threaten the safety of fellow officers and the communities we are sworn to protect. DEA is proud to partner with the many law enforcement officers and agencies that won’t stand for criminal conduct within the ranks.”
“Law enforcement officers are held to a higher standard,” said DEA Acting Special Agent in Charge Thomas McMahon of the Internal Revenue Service-Criminal Investigation. “Having knowledge of the laws, there is an even greater expectation to follow those laws. When individuals working in an official capacity violate the trust of their communities by abusing that power, they undermine the hard work of the entire law enforcement community.”
“I am deeply disappointed by the indictment and arrest of Bakersfield Police Detective Damacio Diaz,” said Police Chief Greg Williamson. “The behavior and criminal activity stated in the indictment is not reflective of the commitment and awesome public service the over 500 employees of the Bakersfield Police Department provide to our community on a consistent basis. Detectives from the department’s investigative and internal administrative divisions have worked side by side with the FBI and the U.S. Attorney’s Office during the entirety of this investigation. I am proud of their work and diligence in first bringing this case forward and seeing it through to completion.”
According to count one of the indictment, from April 18, 2012, to Feb. 20, Diaz conspired with a narcotics dealer to distribute methamphetamine.
Counts two through four charge Diaz with accepting over $5,000 in bribes in each calendar year of 2012, 2013 and 2014 in return for being influenced and rewarded in connection with his official acts as a police detective, officials said.
Counts five through 13 charge Diaz with possession with intent to distribute methamphetamine, wherein Diaz retained methamphetamine for his own personal gain that came into his care and control in the course of his duties as a Bakersfield Police Department narcotics detective.
Count 14 charges Diaz with the intentional disclosure of wiretap information in order to obstruct, impede or interfere with a criminal investigation. The indictment also alleges that Diaz filed false tax returns for tax years 2012 and 2013.
If convicted of the charges in the indictment, Diaz faces up to live in prison.
A defendant is presumed innocent until proven guilty.