3.

OFFENSE CLASSIFICATION

SUPPLEMENTARY REPORT

PC 39.02. Abuse of Official Capacity

PAGE 1 OF 11

4. ASSIGNMENT NO:
5. OFFENSE NO:

2016-0015

6. DATE REPORTED:

02-24-2016

ROUTING:

SAN ANTONIO POLICE DEPARTMENT

Last name of Complainant,First,Middle Initial

Address of Complainant

State of Texas

101 W. Nueva St.

Phone Number

Place of Occurrence-Street on- at or Number

Dist. Occurrence

Date & Time of Occurrence

Date and Time of this Report

200 N. Comal

2310

01/01/2016 //0800

02/24/2016 // 1400hrs

Additional Detail of Offense-Progress of Investigation-Disposition of Evidence, Property, Etc..

Synopsis
SAFFE Officers were called to investigate a local night club; Club Rio, for complaints of constant nuisance
criminal activity. The calls of the complaints were coming from various citizens and directed to Councilman Joe
Kriers office; the calls/messages were left in the councilmans answering machine. The names of three callers
were:
, and
. SAPD Officers Claudia Torres and German
Huerta made telephone contact with the three citizens who had allegedly called Kriers office. Two of the
persons they had contacted denied calling Kriers office and a third,
stated that she was
encouraged to call and complain even though she had no knowledge of Club Rio; she told the Officers that it
seemed to be a telemarketer who had called her requesting her to make the complaint. Officers Torres and
Huerta believed that one of the female callers voices,
sounded identical to that of
is one of Councilmans Kriers assistants. The Officers were concerned that
may have
tried to fabricate false complaints against Club Rio in efforts to force the club to shut down. The Officers
believed that since
is a public official, she used her position to encourage the police department to
implement efforts/procedures to close down a business.
Integrity Detail Detectives made contact with
, who turned out to be
,
and
.
and
stated that they
in fact called Councilman Kriers office to make the complaint. After listening to the call made to Kriers
office,
stated that the voice recording was and is her.
said that she could not
recall if she had called Kriers office or not. It was therefore determined that
did not call
Kriers office posing as a private citizen;
, making a complaint against Club Rio.
Complainant:

State of Texas

Other Person(s):

W/F

W/M

UCR
UNFOUNDED ( X ) CLEARED BY ( )
CLEARED BY ( ) CLEARED BY EXCEPTION ( )
CHANGE OF ( ) PROGRESS OF ( )
STATUS REPORT
ARREST
JUVENILE ARREST
OF OTHER MEANS
OFFENSE
INVESTIGATION
_________________________________________________________________________________________________________________________________________________________
Officer Making Report (Badge No )
Approving Authority
ME Case Number
Unit Assigned to Follow -up

Detective Carlos J. Ortiz #2150

Sergeant Javier Salazar #3137

Integrity Detail

_____________________________________________________________________________________________________________________________________________________________

SAN ANTONIO
POLICE DEPARTMENT

SUPPLEMENTARY REPORT

TYPE ONLY

SAPD Form 3-L Rev. (9-90)

SUPPLEMENTARY REPORT
PAGE 4 OF 11

3. OFFENSE CLASSIFICATION

PC 39.02. Abuse of Official Capacity

4. ASSIGNMENT NO:
5. OFFENSE NO:

2016-0015

6. DATE REPORTED:

02-24-2016

ROUTING:

SAN ANTONIO POLICE DEPARTMENT

Last name of Complainant,First,Middle Initial

Address of Complainant

State of Texas

101 W. Nueva St.

Phone Number

Place of Occurrence-Street on- at or Number

Dist. Occurrence

Date & Time of Occurrence

Date and Time of this Report

200 N. Comal

2310

01/01/2016 //0800

02/24/2016 // 1400hrs

Additional Detail of Offense-Progress of Investigation-Disposition of Evidence, Property, Etc..

environment. She said she could not DART the location as the call load was not high enough to substantiate the
procedure. She asked Sgt. Michalec if he could inquire with the Mayors office who were the complainants so she
could specifically determine what the problems were. Two weeks later she received three recordings of voice
mails the Mayors office had received. According to Officer Torres, the three voice mails they received were basic
and generic. All three voice messages were from females with the caller ID displaying the following names:
and
.
Officer Huerta assisted Torres by making contact with the manager of Club Rio and he spoke to the dogwatch
Officer who works the district the club is located in. He learned most of the calls to the location were Ncodes,
which meant no criminal offenses were found or minor disturbances were resolved. The manager for Club Rio
informed Officer Huerta that they (Club Rio owners) were involved in a civil suit with Bowlero. Bowlero is a
bowling alley adjacent to Club Rio, occupying the same building but different suites. The owners of Bowlero
bowl had bought out the previous owners, AMF bowling. Before AMF bowling sold the property however, they
had renewed the leasing contract with Club Rio with an expiration year of 2019. Club Rios manager told Officer
Huerta that Bowlero wanted Club Rio out because the owners of Bowlero wanted to expand their bowling facility
to include more recreation. After a civil lawsuit, the owners of Bowlero were not able to evict the owners of Club
Rio and the previous lease would have to be honored. Officer Torres believes the above circumstances were the
catalyst to the flurry of complaints surfacing against Club Rio through the Mayors office.
Officer Huerta explained that he called the three phone numbers that the Mayors office received where the callers
left messages concerning Club Rio. He played them for me. The first phone number was from
with
a caller ID of
. In the voicemail I heard a female voice say Hi we would like something done
about Club Rio, Thank you. When Officer Huerta called the number back, he learned that
was a male. Officer Huerta said
was upset that someone used his phone number to make the
call to the Mayors Office.
told Officer Huerta that he did not make the phone call to the Mayors office,
nor did anyone in his home.
said that he did not know of Club Rio.
The second number Officer Huerta called was from
with a caller ID of
. In the
voicemail I heard a female voice say, Hi Im a citizen of San Antonio and I understand that theres problems with
Club Rio and if this is a bad place, it should be shut down. So my name is
so thank you very much.
Officer Huerta called the number and was surprised to learn that the owner for the number was a male. He spoke
to an individual who said his name was
, not
and he told Officer Huerta that he did not
call the Mayors office. Officer Huerta said he spoke to
wife who also told him she did not call the
home phone number.
Mayors office. He also told Huerta that the number was his
UCR
UNFOUNDED ( X ) CLEARED BY ( )
CLEARED BY ( ) CLEARED BY EXCEPTION ( )
CHANGE OF ( ) PROGRESS OF ( )
STATUS REPORT
ARREST
JUVENILE ARREST
OF OTHER MEANS
OFFENSE
INVESTIGATION
_________________________________________________________________________________________________________________________________________________________
Officer Making Report (Badge No )
Approving Authority
ME Case Number
Unit Assigned to Follow -up

Detective Carlos J. Ortiz #2150

Sergeant Javier Salazar #3137

Integrity Detail

_____________________________________________________________________________________________________________________________________________________________

SAN ANTONIO
POLICE DEPARTMENT

SUPPLEMENTARY REPORT

TYPE ONLY

SAPD Form 3-L Rev. (9-90)

SUPPLEMENTARY REPORT
PAGE 7 OF 11

3. OFFENSE CLASSIFICATION

PC 39.02. Abuse of Official Capacity

4. ASSIGNMENT NO:
5. OFFENSE NO:

2016-0015

6. DATE REPORTED:

02-24-2016

ROUTING:

SAN ANTONIO POLICE DEPARTMENT

Last name of Complainant,First,Middle Initial

Address of Complainant

State of Texas

101 W. Nueva St.

Phone Number

Place of Occurrence-Street on- at or Number

Dist. Occurrence

Date & Time of Occurrence

Date and Time of this Report

200 N. Comal

2310

01/01/2016 //0800

02/24/2016 // 1400hrs

Additional Detail of Offense-Progress of Investigation-Disposition of Evidence, Property, Etc..

a lobbyist company. Her belief is this company has been initiating the phone calls, letters and complaints against
Club Rio. Both Officer Torres and Huerta believe
gave them the email by accident.
Officer Torres told me from the emails that
had provided them contained in Document 6, they began to call
each person to ascertain what their complaint was; Officer Torres provided me with a four pages of notes that she
made when she attempted to contact each person (Document 8). When Officer Torres called all of the numbers
that were on the emails, she was told by some of the people that they were contacted by telemarketers. She was
told by some of the people the telemarketer explained how bad Club Rio was and if they agreed, they would be
transferred to Joe Kriers office. Torres said that most of the lines were land lines and most of the ages of these
people were in their 70s and 80s. She said none of the persons she had contacted had any knowledge on Club
Rio. She said some of the people did not live in the area of Club Rio. They were just told by the telemarketers it
was a bad place. Officer Torres said she had recorded the phone calls that she had made with these persons.
Officer Huerta said the person who called the above residents presented themselves as being from the area of Club
Rio and they were gathering complaints together. Some of the people called were confused as to how their phone
numbers were obtained. Officer Huerta stated that he had placed all of the calls he had made on a DVD which he
provided to me.
They presented their findings to Sgt. Michalec advising him that none of the people they had spoken to had a valid
complaint; the people were contacted by a telemarketer via their landline phone and encouraged to make a
complaint. Officer Torres advised
and
to forward any complaints against Club
Rio in the future so she could look into them. At this point,
provided Officer Torres with another email
with an address of
and email of
complaint (Document 9). The email was from a
Officer Torres said she has not yet spoken to
.
(Document 10). The email thanks
Torres received a Thank you email from Club Rios attorney,
Officer Torres for attending the meeting they had with Councilman Kriers staff. On March 4, 2016 Officer Torres
received an email from
, on behalf of Councilman Krier, thanking her for handling the issue with
Club Rio, (Document 11).
Officer Torres told me she had received an email from
indicating their office had received more
complaints for Club Rio and that
was going to drop off the complaints at the North sub-station. On March
23, 2016, Officer Torres obtained a manila envelope which contained letters addressed to Councilman Joe Kriers
office: 16500 San Pedro Suite 29. The manila envelope contained seventeen (17) letters, (Evidence 1). Officer
Torres gave me the letters and pointed out how all of the letters were post marked 19 Feb 2016". I saw that
UCR
UNFOUNDED ( X ) CLEARED BY ( )
CLEARED BY ( ) CLEARED BY EXCEPTION ( )
CHANGE OF ( ) PROGRESS OF ( )
STATUS REPORT
ARREST
JUVENILE ARREST
OF OTHER MEANS
OFFENSE
INVESTIGATION
_________________________________________________________________________________________________________________________________________________________
Officer Making Report (Badge No )
Approving Authority
ME Case Number
Unit Assigned to Follow -up

Detective Carlos J. Ortiz #2150

Sergeant Javier Salazar #3137

Integrity Detail

_____________________________________________________________________________________________________________________________________________________________

SAN ANTONIO
POLICE DEPARTMENT

SUPPLEMENTARY REPORT

TYPE ONLY

SAPD Form 3-L Rev. (9-90)

3. OFFENSE CLASSIFICATION

SUPPLEMENTARY REPORT

PC 39.02. Abuse of Official Capacity

PAGE 9 OF 11

4. ASSIGNMENT NO:
5. OFFENSE NO:

2016-0015

6. DATE REPORTED:

02-24-2016

ROUTING:

SAN ANTONIO POLICE DEPARTMENT

Last name of Complainant,First,Middle Initial

Address of Complainant

State of Texas

101 W. Nueva St.

Phone Number

Place of Occurrence-Street on- at or Number

Dist. Occurrence

Date & Time of Occurrence

Date and Time of this Report

200 N. Comal

2310

01/01/2016 //0800

02/24/2016 // 1400hrs

Additional Detail of Offense-Progress of Investigation-Disposition of Evidence, Property, Etc..

be able to meet at the Field Office with staff and residents from 2:00 pm 3:30 pm on Thursday (3/3)? The
discussion will center around panhandlers (45 minutes) and Club Rio (45 minutes) (Document 4).
Monday, April 25, 2016
I researched
drivers license:
her residence.

DL #

drivers license information to confirm her identity. I obtained a photo of her

I completed a CPS check on the address on her drivers license to confirm

Wednesday, July 06, 2016

1025hrs, Detective Manuel Nunez # 2409 and I responded to
to speak with
regarding the phone call that was made to Councilman Joe Kriers office. The following is a synopsis of her
statement:
told me she had received a phone call from an unknown female who informed her of a club thats
having a lot of crime things going on. She was given a number to call to have the club shut down. She said
she thought the caller was associated with the city of San Antonio but she was not sure. She followed the direction
of the person who called her because she thought that she was being a good citizen; she thought she was doing the
right thing. She told me that crime was going on in that club and they asked me to help out she was going to
help.
could not recall the date when she received the call. She said the caller may have identified
herself but she does not remember. She stated the caller had given her a number to call so after she hung up, she
called the number they had recommended. I played a recording, provided to Officer Huerta by Councilman
Kriers office staff that contained the voice of a female person identifying herself as
After playing the
recording,
said Thats me identifying herself as the person on the recording. It was apparent to
me that the voice on the recording was that of
.
Before
had received the call, she did not have any knowledge about Club Rio or what incidents had
occurred there. She admitted the only reason she had called to complain about Club Rio was the phone call she
had received informing her of the club; she does not know where Club Rio is.
told me she received
the phone call via her landline home phone; her phone number used to be listed in the phone book.
We spoke to
who told us that he did not speak with anyone regarding Club Rio, nor did he recall
talking to Officers regarding the club. He said he never heard of Club Rio, nor does he know who his council
member is.
UCR
UNFOUNDED ( X ) CLEARED BY ( )
CLEARED BY ( ) CLEARED BY EXCEPTION ( )
CHANGE OF ( ) PROGRESS OF ( )
STATUS REPORT
ARREST
JUVENILE ARREST
OF OTHER MEANS
OFFENSE
INVESTIGATION
_________________________________________________________________________________________________________________________________________________________
Officer Making Report (Badge No )
Approving Authority
ME Case Number
Unit Assigned to Follow -up

Detective Carlos J. Ortiz #2150

Sergeant Javier Salazar #3137

Integrity Detail

_____________________________________________________________________________________________________________________________________________________________

SAN ANTONIO
POLICE DEPARTMENT

SUPPLEMENTARY REPORT

TYPE ONLY

SAPD Form 3-L Rev. (9-90)

SUPPLEMENTARY REPORT
PAGE 11 OF 11

3. OFFENSE CLASSIFICATION

PC 39.02. Abuse of Official Capacity

4. ASSIGNMENT NO:
5. OFFENSE NO:

2016-0015

6. DATE REPORTED:

02-24-2016

ROUTING:

SAN ANTONIO POLICE DEPARTMENT

Last name of Complainant,First,Middle Initial

Address of Complainant

State of Texas

101 W. Nueva St.

Phone Number

Place of Occurrence-Street on- at or Number

Dist. Occurrence

Date & Time of Occurrence

Date and Time of this Report

200 N. Comal

2310

01/01/2016 //0800

02/24/2016 // 1400hrs

Additional Detail of Offense-Progress of Investigation-Disposition of Evidence, Property, Etc..

that she may have called but she could not remember. Further, this investigation revealed that the voice of
was in fact that of
, not
, as what was thought to be by Officers Torres and
Huerta.
After reading through emails given to Officer Torres and Huerta by
, it is apparent that the private
company Bowlero hired another private firm, the McGuire Woods Company to conduct a phone survey in efforts
to generate support from the surrounding community to close Club Rio. Private citizens who were contacted, were
encouraged to call or mail Councilman Kriers office to make a complaint against or request to close Club Rio.
This investigation found no evidence of criminal misconduct by
or with anyone within Councilman
Joe Kriers office. The allegations of Abuse of Official Capacity were unfounded as this investigation revealed the
circumstances to be civil and not criminal. No further action is recommended for this case.

UCR
UNFOUNDED ( X ) CLEARED BY ( )
CLEARED BY ( ) CLEARED BY EXCEPTION ( )
CHANGE OF ( ) PROGRESS OF ( )
STATUS REPORT
ARREST
JUVENILE ARREST
OF OTHER MEANS
OFFENSE
INVESTIGATION
_________________________________________________________________________________________________________________________________________________________
Officer Making Report (Badge No )
Approving Authority
ME Case Number
Unit Assigned to Follow -up

Detective Carlos J. Ortiz #2150

Sergeant Javier Salazar #3137

Integrity Detail

_____________________________________________________________________________________________________________________________________________________________

SAN ANTONIO
POLICE DEPARTMENT

SUPPLEMENTARY REPORT

TYPE ONLY

SAPD Form 3-L Rev. (9-90)