City Rep. Rachel Quintana turned herself in to police Friday afternoon following issuance of an arrest warrant alleging misdemeanor forgery.
The charges stemmed from an incident Oct. 25, according to the arrest warrant. [arrest warrant]
Quintana allegedly forged a letter that would allow her to use a Fed-Ex travel voucher that gives employees free or discounted flights. Quintana previously worked for Fed-Ex, the complainant in the case.
The warrant alleges that on Oct. 25, Quintana, who was with her daughter, tried to board an 11:10 a.m. flight to Sacramanto on Southwest Airlines, using two vouchers, but was stopped after she failed to provide identification showing she was a current Fed-Ex employee.
Quintana went to the Fed-Ex offices at 1701 Hawkins, according to the warrant, which cites witness statements and a visitors log as proof that she was there.
Her former supervisor said he did not give her any letter showing she was a Fed-Ex employee, according to the warrant, which states that at 4:20 p.m. Quintana showed up at the Southwest ticket counter with a letter stating that she was a current employee, and she and her daughter were able to board a flight.
"The investigation revealed that the letter was presented by the Defendant was an altered Federal Express letter and the signature on the letter had been forged," states the warrant.
There was some confusion Friday afternoon, as Quintana initially showed up at the El Paso County Jail, then later at Police Headquarters.
Police spokesman Chris Mears, speaking at about 5:30 p.m., said that police had gone to Quintana's home early in the day. He said that Caballero and Quintana had agreed that Quintana would turn herself in at 4 p.m. at the Police Headquarters, but that at 4 p.m., Caballero was in front of the magistrate judge seeking some form of relief from the arrest warrant. The relief was not forthcoming, and Quintana was taken to Police Headquarters.
Quintana, reached by telephone approximately five minutes before 4 p.m., said that she could not speak.
Flanked by police officers and not wearing handcuffs, she walked out of the El Paso County Jail at about 4 p.m., without her lawyer, Theresa Caballero. Quintana walked across the street to a waiting unmarked vehicle, and got in with the officers.
Caballero then came out of the jail, and told the media assembled there that she had not seen an arrest warrant. "When I asked to see a warrant, they told me they would not show me the warrant," she said.
Caballero expressed concern about Quintana, a single mother.
"I think that when you have a young woman who has a little girl at home, who she has to leave with a friend, and you have two male officers who won't show you a warrant, won't show you the authority they claim to have to have control over your client, it's very disconcerting," Caballero said.
She called the situation "highly irregular."
District Attorney Jaime Esparza said he could not speak to whether the warrant was shown to Caballero.
He said that the process was not unusual.
"They went to a judge, the judge signed an arrest warrant and they'll present the case to us, probably sometime next week," Esparza said.
Bond was set at $5,000.
Quintana's colleagues expressed surprise and concern.
"It's a disappointing situation. I hope it is resolved in a good way for everyone concerned," said city Rep. Eddie Holguin. "I have worked very well with rep. Rachel Quintana, she has always been very professional. I wish her well in resolving this situation in a good way."
Rep. Alexandro Lozano said the news was "shocking."
"But I don't really know her that well. I would never believe she had done something like that. When you meet her and talk to her she looks so innocent," Lozano. "Like I said before, she had to answer to those allegations, and I hope she has a good defense."
City Rep. Steve Ortega said: "First of all, I feel sorry for her and her family. I don’t think it's a good reflection on the city of El Paso. I think as elected officials we're held to a higher standard, so although I'm saddened I'm not surprised the case has received so much media scrutiny."
City Rep. Beto O'Rourke declined to comment.
The issue is being closely watched by constituents in East El Paso. Discussion forums and talk radio have been full of discussion about the implications of the case.
The City Charter states that public officials can be removed from office if they
are "convicted of any felony, or of a misdemeanor involving moral turpitude" or if they violate the City Ethics Ordinance.
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Editor's Note: For background, this story was published in NPT Oct. 31.
The El Paso Police Department's Special Investigations Group is investigating a forgery charge against city Rep. Rachel Quintana, Police Chief Richard Wiles announced at a news conference Wednesday afternoon.
Quintana allegedly attempted to use a discount available to Fed-Ex employees to get a cheaper flight on Southwest Airlines last Friday. Quintana, who worked for Fed-Ex previously, has not responded to the allegation, and in a statement made from the City Council dais Tuesday and through comments from her lawyer, Theresa Caballero, has attempted to frame the issue as one of persecution against her because of her political stances.
At Wiles' news conference, attended by Caballero, the chief said his department was following normal procedures. "As this incident has unraveled … this department has been the focus of some attention that I believe is inappropriate and downright malicious," Wiles said.
Caballero, a candidate for District Attorney, said that Quintana is being targeted because of her opposition to the City Council majority on such issues as use of eminent domain in relation to the Downtown Plan.
But Wiles said that the Police Department was following protocol. He said the City Attorney's office forwarded information to the Police Department regarding "allegations that Representative Quintana may have used her position and/or city property in an attempt to receive a benefit to which she was not entitled."
Wiles said the notification did not come from the City Manager's office; in a pointed comment aimed at Caballero, Wiles said that his department has the responsibility to investigate issues brought before it whether or not they involve public officials, irrespective of political considerations and influence.
He said the Special Investigations Group, which investigates public officials and reports solely to the chief, was tasked to pursue the issue.
In a reference to Caballero's charges, Wiles said that "In the current environment regarding corruption in our community, I find it unbelievable that anyone, especially a candidate for district attorney would find it inappropriate to investigate such a matter."
Although the issue was reported to the Police Department by the City Attorney as possible misuse of city property, the SIG is investigating a complaint of forgery, a Class A misdemeanor, punishable by up to one year in jail.
Wiles stressed that the allegations are just that, allegations, and Quintana, like anyone else, must be considered "innocent until proven guilty," and that she has not been charged with any crime.
Following Wiles' statement, Caballero spoke to the press, comparing the investigation of Quintana with the treatment former Mayor Joe Wardy received when he was caught with a handgun at the airport in March. That case was referred to federal investigators.
She also said she could not comment on the allegations because she had not seen a copy of the complaint against her client.
Background
Quintana allegedly used two forms of identification, a city-issued badge and a letter on Fed-Ex stationary stating she was an employee, to secure the discount ticket. The matter initially was referred to the police through the City Attorney's office as possible misuse of city property; however, Wiles said police are investigating possible forgery.
It is unclear who the complainant would be on the forgery, although it appears clear that such a charge would involve the letter on Fed-Ex stationary. Police did not release a copy of the complaint against Quintana, although Police Spokesman Javier Sambrano did confirm that a complaint was filed by a "person or entity."
FedEx Express employees are eligible to receive airfares at a discounted price through the company’s interline agreements with select passenger airlines; the agreements allow for airlines to send packages through FedEx while FedEx employees can travel at cheaper rates.
FedEx spokesman Jim McCluskey confirmed that Quintana resigned her employment with the company on Sept. 21, over one month before she purchased her airline ticket to California.
McCluskey stated that he could not comment on any specifics of the case, including whether the company had filed a complaint, but noted that FedEx was cooperating with investigating agencies to determine what, if any, wrongdoing was committed.
“We have the appropriate support in place assisting with any investigation locally,” he said. McCluskey added that if FedEx should discover that any company policy was violated, possible disciplinary action against an employee or employees would be considered, including termination.
All FedEx credentials are retrieved from workers at the end of their employment, McCluskey noted.
Southwest Airlines El Paso Station Manager Bob Jacquemotte said Southwest would not press any charges against Quintana since she paid the full amount for her ticket when confronted by Southwest representatives during a layover in Las Vegas.
The Alleged Incident
A Southwest ticket agent became suspicious of Quintana’s employment status after Quintana stated that she lost her FedEx employee I.D. yet returned with a letter stating that she was an employee with the shipping company. The ticket agent then called FedEx to confirm Quintana’s employment, and when FedEx indicated that Quintana was no longer employed with the company, Southwest officials were notified of the incident.
Jacquemotte stated that it is common for employees to report to him on any “irregular situations.”
Jacquemotte also indicated that before presenting the letter, Quintana displayed an airport-issued security badge, which was issued to her as a FedEx employee.
The badge, used by FedEx employees to gain access to security gates and doors, has not been retrieved by the airport, because it has not turned up during regular audits, Jacquemotte said. He noted that there has only been one such audit conducted since he arrived on the job in May of this year.
Pat Abeln, director of aviation for the airport, would not comment much on the case because the investigation was still ongoing.
Denial of Influence
During the press conference, Wiles also stated that his office initially received the complaint from the city attorney’s office, and he was not ordered by City Manager Joyce Wilson to investigate the incident, as was reported widely and used by Quintana and Caballero to make their case that Wilson was pursuing a political agenda.
Quintana has opposed taxes and the use of eminent domain for the Downtown Plan, and is considered a member of the voting bloc made up of Reps Melina Castro and Eddie Holguin. Lozano is a swing vote, who initially voted consistently with Castro and Holguin but more recently has supported the majority -- Reps Ann Lilly, Susie Byrd, Steve Ortega and Beto O'Rourke -- on many issues, including the Downtown Plan.
Quintana won her election to East Side representative through consistent knocking on doors, emphasizing her opposition to the use of eminent domain for the Downtown Plan and her opposition to taxes -- a hallmark of Castro and Holguin's positions.
Wednesday, Wilson sent a memo to City Council members, which was later distributed to the media, explaining her position and declaring that she would not comment further on the case.
"I want to clarify for the benefit of all City Council members the standard protocols when there is an incident involving a public official, elected or appointed, or any city employee, that could potentially be a civil or criminal violation. It is standard procedure to report incidents of this nature to the City’s Public Integrity Unit (or Special Investigations Unit) of the El Paso Police Department in order to make an appropriate determination as to whether there may be a violation of criminal or civil law. If such a determination is made, the matter will be forwarded to the appropriate authorities or agencies for further review and disposition.
"As you may know, on Friday a city council representative allegedly presented false authorization to Southwest ticket agents in order to obtain free or reduced fare passage on a flight to Las Vegas. The allegation is that this official presented both a city badge and unauthorized identification from an air carrier in order to obtain the passage. The City Attorney determined that this matter needed to be referred to the Public Integrity Unit since there potentially may be a violation of criminal law. It may also constitute a violation of the ethics ordinance but that would be a civil matter. I notified the City representative of this situation as soon as the referral was made.
"The City Manager’s Office nor any other city office has filed a complaint against the City representative. We did not disclose any information to the media other than to respond to inquiries about the incident, which is only appropriate. Airport officials notified the appropriate federal agencies, along with FedEx of the incident, as they are required to do. At this time we do not know whether these allegations are founded or if any complaints have been made or will be forthcoming. If so, they would be external to this organization.
"There continues to be media inquiries about this matter. I do not wish to comment publicly on this and have declined to do so – as I don’t believe it is appropriate for me to discuss conflicts with City Council members publicly. However, I do want to emphasize that this procedure has been consistently applied and would be followed regardless of who the individual might be – any elected official, myself or a member of my management team."
