Now Officer Moises Peña is under the microscope with three different agencies, and the video isn’t expected to help his case.
A year ago Peña was suspected of being drunk in his personal vehicle but was still able to keep his job. He might not be so lucky with this latest incident.
The Santa Fe Sheriff’s Office says the video shows Peña spitting on a casino security officer at Pojoaque Pueblo.
According to the police report, Peña and another customer got into an argument at Buffalo Thunder Casino on Jan. 19.
When Peña and the other customer were asked to leave, they didn’t like it, and that’s when Peña allegedly spat on the security officer.
Now he’s charged with battery.
“Within the law enforcement career field, we're in glass houses,” said Española Police Chief Eric Garcia. "Whether it's on duty or off duty reflects on New Mexico as a whole."
Garcia says he’s conducting his own internal investigation while Peña is on paid suspension.
“The message from my office is very clear: this type of behavior won't be tolerated by my staff or any of the employees of the Department of Public Safety,” he said.
Peña was already on thin ice with the Law Enforcement Academy, after the incident a year ago where police say they found Peña passed out in his truck with the engine running outside an Allsup's store.
No one gave him a DWI test, but he was suspected of being drunk.
Now, this latest incident has also been referred to the LEA, which will decide if he loses his certification to work as a police officer.
“The criminal investigation is being conducted by the SFCSO,” Garcia said. “They're pushing forward with their investigation, just like the LEA is pushing forward with their review of the police officer certification.”
On the criminal side, Peña will face a judge at the Santa Fe Magistrate Court in two weeks. The other two investigations are expected to wrap up soon.
Source: KRQE