The Monterey County Sheriff’s Office will continue an internal investigation into a deputy accused of concealing a weapon and committing criminal conspiracy inside the jail even though the District Attorney’s Office will not be filing charges, the office said this week.
The deputy won’t be charged with a crime for being in possession of a homemade weapon given to him by a prisoner at the facility, according to prosecutors.
Deputy Gaspar Estevez was arrested in early November for allegedly concealing the sharp-edged inmate-manufactured weapon, or shank, while working at the jail.
At the time, Sheriff Tina Nieto said the deputy’s behavior was “a betrayal of public trust” and that Estevez was placed on administrative leave.
On Monday, however, District Attorney Jeannine Pacioni said that after reviewing the case against Estevez, her office determined “that proof beyond a reasonable doubt does not support” criminal charges.
“Deputy Estevez remains on paid administrative leave while an internal investigation is completed in evaluating whether any departmental policies, procedures or the law were violated during the course of his employment as a Sheriff Deputy.”
Sheriff Tina Nieto
The sheriff disagreed.
“We believe a crime did in fact occur,” said Nieto in a statement released by her office on Monday. “However, it is up to the District Attorney to make a decision on whether or not to file charges. This decision does not change the circumstances of what occurred and what was investigated in this case.”
Deputy says he was just holding evidence
Estevez told investigators the inmate gave him the shank as proof that weapons were being made inside the jail, which Estevez said he wanted to investigate.
He also said he eventually forgot the shank was in his garage.
Estevez was arrested after the Monterey County Sheriff’s Office received a tip that he had concealed a sharp-edged handmade weapon — commonly known as a shank — that was provided to him by an incarcerated person. Through the course of the investigation, Monterey County Sheriff’s Detectives developed probable cause to believe that a crime occurred, and that the deputy and the incarcerated person were both involved in the crime.
“Deputy Estevez remains on paid administrative leave while an internal investigation is completed in evaluating whether any departmental policies, procedures or the law were violated during the course of his employment as a Sheriff Deputy,” said Nieto.
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