The City of Gilroy was notified yesterday that the Merced County District Attorney has filed criminal charges against Gilroy Police Officer Noel Lemus for an off-duty incident that occurred last month in Merced County, according to a press release from the Gilroy Police Department.
The charge is for violation of Penal Code 148 – Resisting, Delaying, or Obstructing an Officer, a misdemeanor, the press release states.
GPD Chief Denise Turner was notified by phone, shortly after the charges were filed, of the arrest around 4 p.m. Wednesday by the Merced County DA. Turner said that GPD scrambled to get the press release out by 5 p.m.
“It’s important to not hide behind the fact,” Turner stated. “We need to let people know.”
The GPD has now opened a parallel internal investigation and will ascertain whether the crime and any sentence imposed could preclude the officer from remaining on the force.
“I only know that they are charging the officer,” Turner said. “We will obtain all the relevant documents through the public records act.”
In Turner’s five-year tenure at GPD, this is the first incident of a GPD officer being charged with a crime. In her 30-year career, she recalled other officers who had lost careers over “their decisions,” but was adamant that Lemus be afforded his right to due process.
Turner is aware that in the court of public opinion, police officers are held to a higher standard over their behavior, but she points to the importance of letting the case follow its course.
“It’s very important that we follow the rule of the law,” Turner asserted. “I think everybody is treated equally in the eyes of the law.”
Currently, Police Officer Lemus is on leave. In accordance with policies and the Public Safety Officers Bill of Rights (Government Code Section 3300 et seq.), there is no further information that the city can release while the criminal and administrative matters proceed.
