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Sergeant, Clovis police settle discrimination case

- The Fresno Bee

Thursday, Jan. 31, 2013 | 09:31 AM

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Clovis has settled with the police sergeant who sued the department for emotional distress after serving a nearly 16-month suspension.

Clovis City Attorney David Wolfe and Poncho Baker, the attorney for Sgt. Javier Campos, both said Wednesday afternoon that a settlement had been reached. Baker said terms include Campos, 41, leaving the force but free to seek work with another law enforcement agency.

No other details were released. Campos filed his disability discrimination lawsuit in July 2011 seeking back pay and damages for emotional distress.

Wolfe said details of the settlement will be released in about a week, but that the City Council approved it at a special meeting Wednesday morning.

Campos said he agreed with the settlement: "It's been a long three years. I think it's good for everyone involved."

Settlement talks were initiated Tuesday -- a day after Chief Janet Davis testified at the start of the civil trial in Fresno County Superior Court.

Davis told jurors that she put Campos on leave in February 2010 because he was unfit for duty after becoming "unglued" during a gun-training exercise.

But she also testified that the gun-range incident was out of character for Campos, who had worked for the department since 1995 and been promoted by the chief.

After Davis' testimony, the trial was halted. Judge Mark Snauffer told jurors Wednesday afternoon that the case was resolved.

In opening remarks Monday, attorney Mark Kitabayashi, who represented the city, said Davis had to put Campos on leave because he "exploded" while receiving constructive criticism at the gun range.

Kitabayashi described Campos as "a highly respected, decorated officer" who was known to be "calm, cold and collected under pressure" -- until the gun-range incident. "The chief had to find out why he snapped," Kitabayashi told jurors.

But Baker told the jury that Campos' superiors turned against him after he helped a female co-worker file a complaint in fall 2009.

Baker said his client's harassment hit a boiling point in February 2010 when range master Richard Ashcraft was conducting training on the proper way to clear a jammed gun. When Ashcraft questioned Campos' technique, Campos became angry and confronted Ashcraft, cursing him and demanding to know: "Do you have a problem with that?"

Ashcraft just stared at Campos and walked away.

Campos told his superiors that he felt disrespected because Ashcraft was a subordinate. Davis saw it differently.

Because Campos became enraged -- he pointed his finger in Ashcraft's face and in the face of Sgt. James Bold, who witnessed the confrontation -- Davis ordered her administrative staff to take Campos' gun and badge.

She put Campos on leave and later determined he was unfit for duty for his own safety and the safety of fellow officers and the public, she said.

But the chief admitted that Campos never threatened Ashcraft, never touched him and kept his gun in its holster. Though Campos cursed at Ashcraft, the chief admitted that she also has used curse words to get a point across.

After the verbal confrontation, Campos and Ashcraft shook hands and promised not to hold a grudge, Baker said. In doing that, Davis testified, Campos showed professionalism and good judgment in de-escalating the incident.

Baker told the jury that the incident at the gun range helped illustrate a double-standard within the department. That same day, Baker said, Ashcraft, who is white, kicked a black Clovis officer in the buttocks three times. The black officer, Louis Jackson, complained to his superiors, but Ashcraft never was disciplined, Baker said.

On the other hand, Campos had to undergo three fitness-for-duty exams before he was reinstated in June 2011, Baker said.

While Campos was the subject of an Internal Affairs investigation, Davis testified she never initiated one against Ashcraft.



The reporter can be reached at (559) 441-6434, plopez@fresnobee.com or @beecourts on Twitter.

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