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| A Cop Marked For
Death |
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Mexican who broke
the code of collusion between some law officials and drug
gangs now lives in fear of a bullet |
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By Anna Cearley
UNION-TRIBUNE STAFF WRITER
March 13, 2005 |
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MEXICALI
– Mexican police Officer José Luis Montoya
sometimes imagines how the drug traffickers could kill
him. "I have practically seen my own death in my
dreams. It will be when I am getting in or out of the
car, and it will be right here in the head," he
said, aiming an imaginary pistol at himself while sitting
at his dinner table one afternoon.
Montoya believed he did the right thing when he refused
bribes and went after drug gangs. But now he is a hunted
man for breaking the unspoken code of collusion that
exists between certain Mexican law enforcement officials
and organized crime.
A funeral arrangement was sent to his home. Someone
clambered on his roof and set it on fire. He heard of
a $25,000 payment for whomever kills him. And he worries
that a drug trafficker he sent to prison may soon be
free.
From the modest home he shares with his wife and infant
son, he watches the street warily and considers building
a wall and setting up video cameras. He takes an assault
rifle to and from work, and when he can't sleep, he
grips it tightly while checking the dark corners of
his house.
The demand for drugs in the United States is ripping
apart Mexican communities. Women recruited from poor
villages smuggle drug loads for quick cash, hundreds
of people die annually in organized crime killings,
and police motivated by greed or fear cut deals with
powerful drug cartels.
In recent years, Mexican authorities have arrested
a record number of cartel members, and police are receiving
better training, equipment and salaries. But drug traffickers
continue to take advantage of corruption and people
who can't or won't stand up to them. "He's fighting
against a system, and for that he could be considered
a fool, but what he is doing is very courageous,"
said Mariano Cortez, who was Montoya's police academy
instructor.
The region's powerful Arellano Félix drug cartel
established much of that system, but smaller drug-trafficking
groups, such as the one Montoya stood up to, use a similar
mix of threats and temptations to win over Mexican officers.
The trouble started for Montoya when he was assigned
to supervise a neighborhood where a suspected drug trafficker,
Jazan Manuel Torres Garcia, held sway. Montoya, 31,
could have looked the other way or asked to be transferred
to avoid problems. He could have even pocketed the bribe
money, as he knew some of his co-workers did. But Montoya,
who bears a tattoo of Latin American revolutionary Ernesto
"Che" Guevara on his left arm, saw one other
option. To him, it was the only one. |
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Mexican
police officers rarely talk publicly about the secrets
of their agencies, but Montoya isn't used to keeping
quiet. He grew up in a middle-class Mexicali household
where his father, an engineer, expected him to follow
in his footsteps. Instead, Montoya spent his time reading
works by philosophers and revolutionaries such as Simon
Bolivar and Karl Marx and dreaming up utopian societies
with his friends. Montoya thought he might become a
philosopher or priest, but he figured he needed to experience
life first.
He traveled through Mexico as a distributor for kitchen
products but returned to Mexicali. While working in
an auto parts store in 1996, Montoya heard a radio announcement
for city police recruits. At 22, Montoya had found his
calling. His instructor, Cortez, said young officers
often start out with idealistic notions, but that many
learn to accept and even contribute to the failings
of their own agencies.
"The system is very complicated, and it requires
a full-scale confrontation of the social problems, legal
matters and politics," he said. Montoya was undeterred:
"Now I am part of the government, and I will try
to change things from within," he told himself.
That proved to be harder than he thought. In 1997, a
year after becoming a police officer, he received his
first death threat. Montoya said it came after he organized
a raid on a clandestine casino. He had learned about
the casino, operated by some Chinese residents, through
a news article. Montoya thought his supervisor would
be proud of his initiative. Instead, the supervisor
reminded him that the Chinese community invested a lot
of money in Mexicali.
Montoya said he saw some positive changes in the police
force. One chief ordered officers not to solicit bribes,
as had been commonly done, but then the same boss was
later convicted of working with the Arellanos. In 1998,
after Montoya said another officer falsely accused him
of stealing drugs, he left the force disillusioned.
The break didn't last long. He started working as a
physical trainer for members of a federal drug investigations
group, which then hired him on a freelance basis to
assist with investigations.
When the office was empty, he would leaf through stacks
of documents being compiled on groups such as the Arellanos.
Despite all the information, he knew that few members
would be captured – at least back then. The cartel
had bought off too many officials. He resigned. Despite
his frustrations, the pull of police work remained inescapable.
Montoya returned to the Mexicali city force in 2001,
and he eagerly signed up for police courses offered
by U.S. agencies. He was promoted to supervisor of Colonia
Baja California in 2003. |
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Montoya
knew the neighborhood because he had patrolled it years
earlier and had grown up in a house just a few blocks
away. People who lived there crossed the border –
illegally and legally – to work in neighboring
Calexico, Montoya said. Some got involved in gangs and
drugs in the United States and became drug dealers back
in Mexico. The neighborhood is thick with connections
to the drug trade, he said. Families are linked to traffickers
through marriage, and local businesses fix up autos
for dealers and sell them cell phones. When he was a
patrol officer, Montoya said, he didn't think he had
the power to make much of a difference. But now, as
a supervisor, he believed he could.
"I talked to the commander and told him the selling
of drugs in this neighborhood was very evident and that
they had perfected the system of sales – of the
payoffs to all levels of police – and I knew what
I was facing," he said. "I said, 'Let's attack
it directly.'" Technically, it wasn't Montoya's
job to be going after the drug traffickers. Drug investigations
are pursued by the Federal Attorney General's Office.
But Montoya believed that the federal agents and the
state police, who investigate homicides and assaults,
weren't doing enough.Montoya said informants, including
a childhood friend, helped identify dealers and houses
where drugs were kept. Montoya and his group started
rounding up drug-dealing suspects for petty violations.
One name kept popping up: Jazan Manuel Torres Garcia.
"I knew he was selling drugs. Everyone who was
detained identified him, or we would find his phone
number on the cell phones," Montoya said. He also
suspected that police were working with Torres. He filed
reports on one of his own officers and a state agent
for allegedly associating with criminals in the neighborhood,
according to police documents. Because of his actions,
Montoya's supervisor warned him to watch out for police
who might try to plant drugs on him. As a precaution,
Montoya got permission to carry an assault rifle.
On July 26, 2003, according to court records of Montoya's
version of events, Torres came to Montoya's house with
an offer that would be difficult for many to refuse:
$2,000 a week to leave his drug-trafficking group alone.
A Mexicali city cop typically earns $700 a month. Montoya
was better off than most cops. At the time, he was earning
about $1,400 a month as a supervisor and police academy
instructor. His wife, Dulce, also a police officer,
earned an additional $700 a month. The couple lived
in Montoya's inherited childhood home. |
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The
offer, detailed in Montoya's court testimony, certainly
would have made life easier. It had taken Montoya a
year to save $2,000 for a 1996 green Volkswagen Jetta
that had been salvaged in Mexico after being wrecked
in the United States. Torres said he was working for
a Colombian who would have Montoya removed if he didn't
cooperate, according to Montoya's court testimony. "The
man doesn't want to have problems, and that's why I
come here to talk to you so that you calm down,"
Torres told Montoya, according to the officer's testimony.
Torres also reminded Montoya that "I have lots
of friends in your agency. See how they have given me
your address and phone number."
On July 28, 2003, Torres was arrested and charged with
possessing 22 packets of crystal methamphetamine, according
to a police report and court records. Torres, who was
initially stopped for speeding, said later in federal
court that Montoya planted the drugs on him. The day
Torres was arrested, several men climbed onto Montoya's
roof and poured gasoline on it before lighting a match.
The fire was extinguished, and no one was injured. A
police patrol watched his house that night. Early the
next morning, he was jolted from sleep by a loud knocking
at his door. It was one of his supervisors with a worried
look on his face. Someone had delivered a floral funeral
arrangement to the house with Montoya's name on it.
Three days later, federal authorities released Torres
on bond. Montoya's bosses suggested transferring him
to a different beat, but Montoya refused. "If they
take me out, they win," he said. |
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Other law enforcement agents
said they don't understand Montoya's persistence. The
agents, who asked not to be named because speaking about
the sensitive case could harm their careers, wondered
if he was getting money from rival drug-trafficking groups
or had some personal vendetta against Torres. Montoya's
officers stopped Torres 10 to 15 times in 2003 mostly
for minor traffic violations, according to court documents.
Montoya would oversee the inspections himself. But most
of the time, without any evidence to link him to a crime,
Torres was let go. |
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Montoya said he was just doing
his job. But lately he has been wondering if his tenacity
came from watching one of his brothers struggle with heroin
addiction for more than a decade. "It was the only
way for me to do something so that there were less drugs
in the streets," he said. It took a murder –
not drugs – to get Torres behind bars. In August
2003, he was arrested and charged with having ordered
the killing of one of Montoya's informants, Fernando Flores |
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Montoya's relationship with
Flores went back to high school. In Mexico, loyalty to
old friends runs deep, and Montoya said he tried not to
judge. He didn't go out of his way to spend time with
the ones he suspected were now involved in drug trafficking,
but their social circles sometimes intertwined. When Montoya
was assigned to the neighborhood, Flores volunteered to
provide information on Torres' operations, Montoya said.
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When Flores heard a rumor in
August that Torres wanted to kill Montoya in his sleep,
he went to Montoya's house to warn him. Flores said he
would go that evening to a bar called Extremos where Torres
was known to hang out and see if Torres revealed anything
about a plan to kill Montoya. Four days later, Flores'
blanket-covered body was found in a dirt alley. He had
been shot twice and showed signs of strangulation, according
to a police report. His face was unrecognizable from the
severe beatings, Montoya said. |
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When he heard the news, Montoya
spoke with state police. They soon arrested Torres and
another man, Celso Medina Rodriguez. According to Torres'
initial testimony, Torres confessed to being a drug dealer
and to threatening Montoya. He said he had been at Extremos
when Medina told him that Flores had been snitching to
police. Torres then offered Medina a truck if he would
kill Flores, according to the court records. A day later,
on Aug. 13, Torres told the court that he had been tortured
into signing the confession, which he said was false.
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According to human rights groups,
torture is more common than Mexican authorities admit.
Police have a limited time to file charges, and sometimes
in the rush for justice, or for other reasons, they will
extract confessions to move the process along. "I
don't know if he was tortured or not, but I know that
what he said here in this first version was the truth,"
Montoya said. Torres and Medina were charged with murder
and remained in prison during their trial, but Montoya
was concerned that members of Torres' group would retaliate.
He finally asked to be transferred to a job outside the
neighborhood. Meanwhile, three cases against Torres unfolded:
the homicide, the drug case and the threats against Montoya. |
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At first, Montoya was encouraged
by the legal developments. Last May, a federal judge found
Torres guilty on the drug charges and sentenced him to
one year and four months in prison. Later that year, a
state judge found Medina and Torres guilty of murdering
Flores and sentenced them to 30 and 25 years in prison,
respectively. Montoya's relief was short-lived. Lawyers
for the two men appealed the murder verdicts, and on Dec.
3, a panel of magistrates overturned the convictions in
a 2-1 vote. The lead magistrate, Jose Antonio Pérez
Pérez, said the torture allegations weren't a factor
in that ruling. Instead, he said, it was lack of evidence. |
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Medina was released, but Torres
remains behind bars as the threat case remained unresolved.
If convicted, he could face a maximum of 10 years in prison,
Montoya said. "I have a lot of doubts," Montoya
said. "They will let him go and absolve him of the
crime, and everything will be as if I invented all this."
Antonio Martinez Luna, Baja California's top state prosecutor,
said he has spoken with Montoya and is doing all he can
to ensure that Montoya's situation is resolved justly.
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"This isn't common,"
Martinez said. "That's why we need to investigate
it and find out what is happening." Montoya worries
that all the attention will make things worse. Two state
agents told Montoya's attorney late last year that someone
had offered them $25,000 to kill Montoya. "They said
they don't do that, but there are others who might,"
Montoya said. "That's a lot of money." |
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As
his apprehension grows, Montoya is turning inward, spending
more time at home and with people he trusts. He would
like to continue teaching at the police academy but
thinks the agency is keeping him away from classrooms
because they don't want him to encourage new officers
to take similar risks. His baby boy, 7-month-old José
Luis, has become his biggest project. "He's a seed
so that I can transmit to him and for him to transmit
to others to make things better," he said.
Montoya sometimes wonders why he has never received
any of the awards that are doled out to members of the
police force for good service. the awards that are doled
out to members of the police force for good service.
Attorney Rosendo Cervantes, who is part of a state public
security committee composed of citizens and officials,
would like to see him honored but said the problem is
that Montoya's personnel file includes complaints of
abuse of authority and insubordination. Montoya said
they are retaliations, and he jokes morbidly that his
only recognition will be when his name is added to the
monument for officers killed in the line of duty. But
childhood friend Armando Gutierrez, now a film professor
at the Universidad Autonoma de Baja California in Mexicali,
said Montoya has become a hero to a public weary of
corruption and crime. "If something happens to
him, then all fingers will point to the government,
and the image the people hold of the police of being
corrupt and unprofessional will be sustained,"
he said. Javier Salas Espinoza, who oversees the administrative
and operational branches of Mexicali's police force,
did not return repeated phone messages requesting an
interview. |
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Other Mexican law enforcement
officials say privately that while they admire what Montoya
has done, he is being unrealistic. They say others are
quietly working within the system's limitations, turning
down bribes and arresting drug traffickers when they can.
Sometimes, even Montoya thinks he has paid too high a
price. He constantly worries about the safety of his family,
who also have become the object of threats, and he suffers
from high blood pressure. He wakes up in the middle of
the night with his heart racing. |
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He doesn't believe he'll be
easy to kill. "They know I'm a good shot," he
said. "If one or two of them try to enter, they will
die. They would need five people to do this for one of
them to remain alive, and no one wants to die." Montoya
still dreams of becoming police chief someday and of changing
things. It's a long shot. Because of his troubles, he's
no longer a supervisor. He has been relegated to a string
of low-profile jobs, including one recent assignment guarding
the new federal courts building where drug crimes are
prosecuted. |
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Anna Cearley: (619) 542-4595;
anna.cearley@uniontrib.com |
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