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Wednesday, March 19, 2008

[CO] Mere $750 releases terroristic Officer Ruiz-Diaz

...“You are going to regret this. That’s all I have to tell you. I am going to make you pay, between you and your big balloon-headed boyfriend and (his child), you are all going to pay for it. It’s coming.” Ruiz-Diaz’s ex-wife told the officer she was “afraid of Sisinio’s outcome after he finds out that she reported the incident”...

LAW ENFORCEMENT HAS THAT CALL ON TAPE AND A JUDGE RELEASED HIM?

Detentions officer under fire again
Montrose Daily Press
By Katharhynn Heidelberg
March 14, 2008

A Montrose County Sheriff’s Office detention officer who pleaded guilty to official misconduct in 2006 faces legal scrutiny again, after his former wife complained of harassment.

Sisinio Ruiz-Diaz was arrested at work on a Montrose Police Department warrant that alleged domestic violence and harassment.

“It’s not a pleasant position to be in when you have to arrest one of your own,” Sheriff Rick Dunlap said Thursday. “But that’s part of the job. That old saying’s true: No one is above the law.”

A phone number could not be located for Ruiz-Diaz, who posted a $750 bond Wednesday and is on administrative leave.

The alleged incident occurred March 7, in the city of Montrose and involved heated telephone conversations, according to Ruiz-Diaz’s arrest affidavit.

According to the same document, Ruiz-Diaz told the investigating officer he had no intention of harming his ex-wife and did not remember the content of his conversation with her. He alleged she’s threatened in the past to call the police “if he does not do the things the way she wants them.”

But his former wife told police she received several threatening phone calls from Ruiz-Diaz at her work March 7. She reported he called her to ask if she could take care of their children the weekend of March 15 and alleged he became angry when she told him she wasn’t able to.

According to the affidavit, Ruiz-Diaz called her obscene names and called her back at least four times after she hung up.

She told police that when she later checked her voicemail, she had two more messages from him, one of which allegedly stated: “You are going to regret this. That’s all I have to tell you. I am going to make you pay, between you and your big balloon-headed boyfriend and (his child), you are all going to pay for it. It’s coming.”

Ruiz-Diaz’s ex-wife told the officer she was “afraid of Sisinio’s outcome after he finds out that she reported the incident.”

The arrest warrant was issued Tuesday; he is due again in court March 24.

In 2005, Ruiz-Diaz was accused of harassment and third-degree assault for kicking a combative inmate while trying to bring him under control at the jail.

Two other officers were cleared of failure to report use of force and of second-degree official misconduct after the district attorney dismissed their cases, which stemmed from the same incident.

Ruiz-Diaz pleaded in 2006 to second-degree official misconduct and was ordered to complete a training course in arrest control and defense tactics, along with one year of unsupervised probation.

The inmate, Daniel Kingma, was himself accused of assaulting Ruiz-Diaz by spitting on him during the fracas and of kicking out a holding cell window. Kingma eventually pleaded to criminal mischief and the assault charge was dropped.

Dunlap said he had no official comment on the latest allegations against Ruiz-Diaz, but confirmed an internal affairs investigation was under way to determine if any departmental policies or procedures were violated.

“We will take the appropriate action,” he said. “I can’t comment on the criminal case.”

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