It’s the latest black eye for a department reeling from a string of scandals involving its officers: A San Jose police detective has been criminally charged with two misdemeanors, tied to allegations he turned a department vehicle into his personal ride and filled up the tank with nearly $1,000 of city-owned gas.
Detective Ismael Lemus, a 20-year veteran currently assigned to the department’s assault unit, faces misdemeanor charges of embezzlement and tampering with a vehicle.
According to a police report obtained by NBC Bay Area’s Investigative Unit, Lemus took a recently retired police car without permission last September and turned it into his personal ride.
Police say he filled up the tank at a city-run gas station 16 times over a period of four months, costing taxpayers nearly $1,000.
“It’s alleged that Detective Lemus took that vehicle and used it for his own personal commuter car and then would use the city gas station to fill up the car,” Santa Clara County Deputy District Attorney Jonathan Cesena said. “He pumped approximately 223 gallons of gasoline.”
And there’s evidence Lemus attempted to cover his tracks.
According to a police report, a city fleet manager found the vehicle’s license plates had been removed and its GPS device disabled when the car was finally returned. That was only after the department realized the vehicle was missing and traced it back to Lemus.
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According to an internal email to police Chief Anthony Mata from a department lieutenant, Lemus apologized for taking the car, and said: “There’s no harm done, I already turned in the car to the garage and I also apologized to them.”
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In the email, the lieutenant recommended a criminal investigation into the detective’s conduct.
Lemus told department officials he wasn’t trying to steal or sell the car, according to the police report.
The detective’s attorney has not responded to NBC Bay Area’s request for comment on the charges. Efforts to reach the detective himself have not been successful.
The police department declined an on-camera interview request from NBC Bay Area, but Chief Mata sent a statement saying:
“The cases that were reported on today are unfortunate, and do not reflect upon the women and men at the San Jose Police Department who do extraordinary work every day! As I have stated, I have no tolerance for behavior that does not align with the values of this organization, and I will do everything in my authority to hold employees accountable when they cross the line. As I outlined in my plan, we have taken numerous actions since these events occurred to prevent future misconduct.”
Lemus is currently on administrative leave.
He’s the latest in a string of officers to be criminally charged or under investigation for serious misconduct allegations, ranging from substance abuse to sexual battery.
Other recent department scandals include an officer accused of showing up drunk to the scene of a baby’s kidnapping in April, an off-duty officer being arrested on suspicion of DUI, and another officer on leave after allegations he traded a meth pipe for information from a source.
Another office, Matthew Dominguez, was arrested in May and charged with indecent exposure for allegedly masturbating in a home where he had responded to a domestic disturbance call. As NBC Bay Area's Investigative Unit reported Friday, prosecutors have since added two additional misdemeanor sexual battery charges after the officer was accused of groping two women last year.
The police department said it’s implementing a seven-step reform plan, which includes reviewing hiring practices.
NBC Bay Area will continue to update this developing story
