Detective fired over alleged gun incident

Jen Lawson

Wednesday, Dec. 3, 2003 | 10:50 a.m.

Sheriff Bill Young has fired a Metro Police robbery detective who allegedly shot a gun into the air last summer while off duty, then lied about it during an internal investigation.

Tirso Dominguez's lying was worse than the shooting itself, Young said. He fired the 13-year veteran of the department Nov. 26. The decision was made public Tuesday.

"If he had been truthful from start to finish I think this would have perhaps had a different outcome," Young said.

"I'm pretty hard-line on the truthfulness issue. I believe he was untruthful in this investigation and as sheriff I just can't accept that."

Dominguez, 38, was a Metro spokesman for two years before being promoted to detective last year and assigned to the robbery unit. He worked closely with the Hispanic community on public safety issues and hosted a monthly Spanish radio program.

In addition to the truthfulness policy, Lt. Joseph Lombardo said Dominguez was found to have violated the department's policy regarding take-home vehicles -- he had been drinking and had a civilian in his department car. He was also found to have engaged in conduct unbecoming to a police officer.

The incident that led to Dominguez's termination occurred July 25 near Eastern Avenue and Bonanza Road, "a minority neighborhood with a lot of issues and problems with police," Young said.

Several citizens called 911 after hearing the sound of gunshots. As patrol officers arrived to investigate, they saw a car speeding away, so they pulled the car over.

Officers found Dominguez behind the wheel of his unmarked Metro car. He had a .32-caliber semi-automatic handgun in the car and he had been drinking, police said.

A friend of Dominguez, a civilian, was in the passenger seat. Authorities declined to identify the passenger.

Because Dominguez is a police officer, a supervisor was called to the scene. The sergeant determined that although Dominguez had consumed alcohol, he was not intoxicated. Dominguez denied being involved with the shooting and was allowed to leave with the gun.

Police realized their misstep when they later found five shell casings from a .32-caliber semi-automatic handgun in the area that police suspected came from Dominguez's weapon.

Metro officials thought Dominguez's alleged conduct was serious enough to warrant a criminal investigation and tried to pursue misdemeanor charges of illegally discharging a firearm against Dominguez.

But District Attorney David Roger declined to file charges, citing a lack of evidence necessary to prove the case beyond a reasonable doubt. If the sergeant had taken the gun from Dominguez at the scene, there might have been enough proof to build a case, he said.

Metro officials conducted an internal affairs investigation into the actions of the sergeant. Young said the sergeant "had a plausible explanation" as to why he permitted Dominguez to leave with the gun and did not face disciplinary action.

"Although I wasn't 100 percent satisfied with how it was conducted, I understand the position of the sergeant," Young said, adding that "he didn't gather all the facts and didn't take it perhaps as far as it should have gone."

Young said he never found out why Dominguez allegedly fired his gun that night because Dominguez never told anyone, denying his involvement until the end. But Young said he had faith in the internal affairs investigation and felt there was enough circumstantial evidence against him to warrant termination.

Dominguez is the fourth employee Young has fired since taking office almost a year ago.

"Those are my most painful days as sheriff," he said. "The best days are when I pin new badges" on new hires.

About Dominguez, Young said: "I like the man personally. To me, there's nothing good about this."

Dominguez could not be reached for comment.

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