San Antonio PD Chief McManus ruled out suspension for aide who admitted sexual tryst in parking lot

San Antonio Express-News
Emilie Eaton, Staff writer
April 23, 2023

An officer who served as Police Chief William McManus’ personal driver had a sexual encounter with a girlfriend in his pickup while parked near police headquarters — but even though the officer admitted to the act, McManus rejected a recommendation for disciplinary action, records show.

Key card records and security video collected by police internal affairs investigators showed that officer Robert Gonzales Jr. drove into a city-owned parking lot at Santa Rosa and César E. Chávez in May 2021 and allowed his then-girlfriend into the lot, according to sources familiar with the investigation.

Gonzales, then 45, was in uniform and scheduled to work overtime that day in connection with an event at the Alamodome, the sources said. After reviewing the evidence against him, Gonzales admitted to the sexual encounter, the sources said. At the time, the officer was married but was separated from his wife.

The parking lot is adjacent to San Antonio Police Department headquarters, and access typically is restricted to people visiting the building.

The case against Gonzales went before the city’s Advisory Action Board, a panel of seven sworn officers and seven civilians that reviews allegations of officer misconduct and makes recommendations to the chief.

After examining video and text messages and interviewing the woman, the board’s officers voted unanimously to sustain an allegation that Gonzales violated an SAPD policy that bars officers from engaging in sexual relations while on duty, in uniform or representing the department “in any way.”

In a separate vote on what discipline to mete out, the officers voted 5-1 to recommend a 30-day suspension.

The civilian members, by a split vote, did not sustain the allegation against Gonzales and thus did not recommend any disciplinary action.

San Antonio Police Chief William McManus has broad discretion in determining whether and how officers should be punished for misconduct. McManus said his decisions in disciplinary matters "are based on facts and fairness, not favoritism."
KAYLEE GREENLEE BEAL 2022

McManus, who has wide latitude in deciding on punishment, overruled the sworn officers on the board and declared the allegation “inconclusive,” meaning it could not be proven or disproven, internal records show.

McManus upheld a separate allegation against Gonzales — that the officer, while on duty, drove a city vehicle at speeds up to 120 mph on a local highway sometime between March and August 2021.

Gonzales had taken a picture of his speedometer with his phone and admitted to investigators that he had been speeding, even though he wasn’t responding to a call or performing any duties that would require driving so fast.

On the speeding allegation, the board’s officers voted 4-2 to recommend a five-day suspension; the civilian members voted 2-1 for a 10-day suspension.

McManus set aside both recommendations, ordering Gonzales to receive “written counseling” instead.

'Morale issues'

McManus has imposed much tougher discipline in similar cases in the past. His decision to spare Gonzales was met with criticism by some in the department — including a former high-level commander.

Deputy Chief Gus Guzman, who retired in October after 30 years with the department, criticized McManus in an exit questionnaire, contending that the chief played favorites and protected officers close to him.

“The chief, with the influence of others that lack experience … has corrupted the discipline process by using it as a weapon and sometimes ruling against the (advisory board’s) recommendations when the respondent is one of his staff members,” Guzman wrote.

“This has resulted in serious trust, accountability and morale issues, which have led to lack of innovation, creativity, teamwork, communication, motivation, satisfaction and commitment by officers department wide,” Guzman wrote. “Leadership needs to recognize that it has systematically created an unfair caste system where rules don’t apply to all equally and access to resources is limited based on who you are or what unit you are assigned to.”

Guzman, contacted by the Express-News, said he stood by his statement in the exit questionnaire. He declined to comment further.

'Facts and fairness'

McManus, through a spokeswoman, declined to be interviewed about Gonzales, saying local and state laws prohibit him from discussing personnel matters unless they result in formal disciplinary action against officers.

But in a statement, the chief rejected the notion that he plays favorites.

“While I appreciate the feedback from former employees, it is important to note that my decisions are based on facts and fairness, not favoritism,” McManus said. “As chief, I make administrative decisions with input. I understand that not everyone will agree with every decision made, but I prioritize the safety and well-being of the community and our officers.”

After the two incidents, Gonzales — who had been with the department for 20 years and was McManus' personal driver for three years — was transferred from the chief’s office to overnight patrol at SAPD’s Central Substation, where he remains today.

Gonzales did not respond to a phone call seeking comment.

His ex-girlfriend declined to comment.

‘No booty on duty’

Section 3.36 of SAPD’s general manual lays down the rules of the road on sexual behavior: Officers cannot engage in sex while on duty, in uniform, working off-duty or “using their position with the San Antonio Police Department in any capacity.” Infractions of the policy are classified as “sexual misconduct.” It doesn’t matter whether the sexual relations are consensual.

The policy was tightened in 2015 after officer Jackie Neal was convicted of raping a woman in the back of his patrol SUV.

The victim sued, seeking $10 million from the city for violation of her civil rights, and the city eventually settled the case for $500,000. Neal was sentenced to 14 months in prison.

Immediately after the settlement, McManus amended the general manual to establish a zero-tolerance policy on sexual misconduct. Among the changes: The manual made clear that officers were prohibited from sexual contact with those they supervise, train or mentor.

Next, at the urging of then-City Manager Sheryl Sculley, the internal affairs unit searched department files to identify officers with at least one substantiated allegation of sexual misconduct so that the officers could be given additional training and, if necessary, treatment, sources said. Internal affairs identified 32 such officers — a list that became known throughout the department as the “Dirty 30.”

Most of the officers on the list had been accused of serious misconduct, such as sexual assault. Some were suspended indefinitely but remained on the force after meeting with the chief and agreeing to accept lesser punishments. In other cases, the allegations didn’t result in disciplinary action.

Officers from the “Dirty 30” list who remained on the force met with SAPD’s staff psychologist and received specialized training on sexual misconduct and proper workplace behavior.

During annual trainings at the police academy, SAPD officers were drilled on the policy changes. Admonitions such as “no booty on duty” became commonplace.

From patrol to chief’s detail

Gonzales graduated from Jay High School on the West Side. He joined the police department as a cadet in December 2000 and graduated from the academy in June 2001.

Initially, Gonzales was assigned to SAPD’s Prue Substation on the Northwest Side, where he worked the overnight shift. His next stop was the West Substation on Culebra. Later, he was a member of the downtown Bike Patrol unit.

Next, he moved to the chief’s executive detail as McManus' personal driver. Gonzales ferried the chief to and from meetings, public engagements and crime scenes and provided protection for McManus.

In this SAPD Instagram post, Gonzales is shown in the lower lefthand corner, with a white kitten on his shoulder.

The internal affairs investigation into Gonzales’ conduct began after he and his then-girlfriend broke up. The pair had dated for about a year and a half, the sources said.

In summer 2021, the woman contacted internal affairs and provided text messages with details about their relationship.

She described the encounter in the parking lot near police headquarters, telling investigators she performed oral sex on Gonzales.

The woman said she and Gonzales had sex on three other occasions when he was working an off-duty security job at the Tobin Center for the Performing Arts. She claimed Gonzales twice consumed alcohol while working at the Tobin. That would have been a violation of department policy, which bars officers from drinking when in uniform. Officers who work off-duty jobs wear their SAPD uniforms.

Gonzales denied the allegations related to the Tobin. The text messages the woman provided backed up her account of meeting with him there, but investigators could not obtain video footage from the Tobin’s management, one of the sources said.

'Good conduct and behavior'

After completing their investigation, internal affairs investigators filed seven allegations against Gonzales.

Four accused him of violating the department’s prohibition against “sexual misconduct” under Section 3.36 of the general manual. Two of the allegations accused him of violating the ban on drinking when in uniform.

The seventh allegation stemmed from the speeding incident and accused Gonzales of flouting a policy that requires officers, whether on or off duty, to “be governed by the ordinary and reasonable rules of good conduct and behavior.”

The case went to the Advisory Action Board. The panel, now known as the Complaint and Administrative Review Board, was created under terms of the city’s collective bargaining agreement with the San Antonio Police Officers’ Association.

The seven sworn members are a deputy chief, a captain, a lieutenant, a sergeant, a detective and two officers. They are appointed by the chief and serve six-month terms. The City Council appoints 14 civilian members who serve on a rotating basis — seven at a time — over the course of two years.

The sworn and civilian members vote separately on whether to sustain allegations against officers and what if any discipline to recommend.

In September 2021, board members viewed the evidence against Gonzales and were briefed on the case by an internal affairs investigator.

The ex-girlfriend appeared before the panel to answer questions and testified in detail about her relationship with Gonzales, the sources said.

Both the sworn and civilian members decided that the two alleged violations of the department’s alcoholic beverage policy and the three alleged instances of sexual misconduct at the Tobin Center were inconclusive or unfounded, meaning Gonzales would face no disciplinary action.

The board members, both sworn and civilian, sustained the allegation of speeding, but McManus rejected their recommendation that Gonzales be suspended and ordered written counseling instead.

Regarding the allegation of sex in the parking lot, the civilian members of the board did not sustain the allegation. The officers did and recommended a 30-day suspension.

According to people close to the investigation, McManus’ reasoning in deeming the allegation “inconclusive,” even though Gonzales had admitted to the act, was that Gonzales took his uniform shirt off during the encounter.

That was seen as creating ambiguity about whether the officer technically was in uniform at the time, the sources said.

‘Faced no discipline’

Gonzales’ conduct and McManus’ decision to rule out disciplinary action became an issue this year during an arbitration hearing in an unrelated police disciplinary case. A lawyer representing the officer in that matter asked McManus about his handling of the allegations against Gonzales.

Testifying under oath at the Feb. 15 hearing, McManus acknowledged in response to questions that Gonzales had sex while on duty and that he had overruled the board’s recommendation for a 30-day suspension.

“But they found that he had sex on duty, correct?” an attorney asked, referring to Gonzales.

“They did,” McManus responded, according to a transcript of the proceeding obtained by the San Antonio Express-News.

“And he admitted that in his interrogatories, did he not?” the attorney asked.

“He did.”

“So you changed the charge to inconclusive, correct?”

“Correct,” McManus said.

“And he faced no discipline for that, correct?” the attorney asked.

“Correct,” McManus said.

Similar cases, different results

McManus has suspended or dismissed officers for conduct similar to what Gonzales is alleged to have done.

Officer Christopher Martinez was suspended indefinitely — which is tantamount to a firing — after he was accused in 2009 of engaging in sexual activity while in uniform in a patrol car at Brooks City Base, which at the time was owned by the federal government.

When caught in the act, Martinez tried to use his position as a police officer to coerce a security guard to release him and the woman, officials said at the time. Martinez unsuccessfully appealed his firing to an independent arbitrator.

McManus initially proposed an indefinite suspension for Sgt. Sam Esparza in 2011 after he admitted to driving a woman to an after-hours party. On the way, he stopped under a bridge at Guadalupe and Interstate 35, where he and the woman had sex, officials said. McManus reduced the penalty to a 30-day suspension after meeting with the officer.

In April 2016, McManus indefinitely suspended two officers who were accused of engaging in sexual relations while on duty.

According to department records, Officers Rebecca Martinez and Eman Fondren disabled the GPS units on their vehicles twice to conceal on-duty trysts — one in a Home Depot parking lot, the other in a private home.

Investigators obtained text messages of the two talking about the rendezvous, though the officers said the texts expressed their fantasies about having sex on duty and that they did not actually do so.

Martinez, a four-year SAPD veteran, and Fondren, who had been with the department 2½ half years, both appealed their firings. An independent arbitrator upheld the chief’s decision.

eeaton@express-news.net