A former trooper for the Arizona Department of Public Safety who started his career with the Bisbee Police Department could permanently lose his right to serve as a peace officer in the state after he reportedly admitted to falsifying arrest reports and his own immigration paperwork.
Rene Algara was arrested by the FBI in September 2019 on 21 felonies ranging from fraudulent schemes, money laundering, and falsifying various government records. The investigation was conducted by the FBI, DPS internal affairs, and the Douglas Police Department.
Other than an announcement that Algara had been fired before his arrest, for the next 17 months no state official would release information about Algara except repeated statements from Attorney General Mark Brnovich’s Office that an investigation was “still ongoing” and no further comment was available.
But on Tuesday, the Arizona Peace Officer Standards and Training (AZPOST) board unanimously voted to initiate proceedings against Algara’s peace officer certification. Their options, given the severity of the misconduct allegations, is suspension or revocation.
Algara was arrested Sept. 28, 2019 at the DPS office in Tucson, then booked into the Pima County jail where he remained until the morning of Oct. 1. That is when he was transported by the Cochise County Sheriff’s Office to one of its jails to await an initial court appearance.
A local justice of the peace released Algara on Oct. 2, then the charges were dismissed the next day when neither the Cochise County Attorney’s Office nor the Arizona Attorney General’s Office filed formal charges within 48 hours. The arrest caused County Attorney Brian McIntyre to request dismissal of several pending criminal cases in which Algara was either the initiating officer or a key witness.
During Tuesday’s board presentation, AZPOST Compliance Specialist Dave Toporek provided an overview of several alleged incidents of misconduct which Algara admitted to during a post-Garrity interview.
The incidents include lying under oath regarding his marital status during his efforts to become a naturalized citizen in 2005, admitting to taking cash bribes while employed in Mexico, being fired by Lufthansa Airlines in 2010, and leaving off pertinent information on applications for law enforcement positions including a 2012 application with the Douglas Police Department.
Toporak also told the board Algara admitted providing false information on his DPS employment application, his AZPOST application, and on arrest reports. Over the next several weeks Toporek will notify Algara of the board’s action and then make a recommendation as to whether Algara’s certification should be suspended or revoked for rules violations.
Garrity refers to a 1967 decision by the U.S. Supreme Court involving a New Jersey police chief named Garrity who was ordered to make incriminating statements during an internal investigation or be fired for refusing to cooperate. His statements were later used as evidence in a criminal prosecution, which the Supreme Court deemed a violation of Garrity’s constitutional rights.
The Fifth Amendment prohibits “the government” from compelling anyone to be a witness against him or herself. Once Algara was compelled to cooperate with the internal DPS investigation his statements could not be used against him to prove criminal activity.
However, criminal charges can be filed against Algara for misconduct which was not learned about during the Garrity interview.
