Cases Against 2 Officers Advance

As one Rampart Division police officer pleaded not guilty to an attempted murder charge Monday, an LAPD disciplinary panel recommended that another be fired for his alleged role in the framing of a man on drug charges four years ago.

Both Nino Durden, who faces criminal charges, and Humberto Tovar, who confronts dismissal, were onetime partners of disgraced ex-officer Rafael Perez, the man at the center of the unfolding LAPD corruption scandal.

Tovar, whose recommended termination is all but certain to be approved by Chief Bernard C. Parks, would become the first officer to be fired from the LAPD as a result of charges leveled by Perez.

Meanwhile, Durden--handcuffed and dressed in a blue county jail jumpsuit--entered his plea in the case in which Perez has accused him of shooting an unarmed gang member at point-blank range, then planting a gun on the young man in an attempt to justify it.

The developments Monday reflect the two-track approach that authorities have pursued since the scandal broke in September to build both administrative and criminal cases against officers based on allegations by Perez, who agreed to cooperate with prosecutors in exchange for a lighter sentence on his drug theft convictions.

To date, five officers have been arrested and criminally charged in connection with the scandal. More than a dozen face internal charges of misconduct. About 70 officers remain under investigation for a variety of alleged crimes and misconduct.

While several officers have resigned as a result of Perez’s allegations, Tovar is the first to have an LAPD tribunal recommend dismissal.

At his disciplinary hearing, Tovar was accused by Perez of helping to frame Toby Semick, a suspected gang member, on drug charges during an arrest on March 23, 1996.

To the two LAPD captains and one civilian who unanimously found Tovar guilty, the case against the officer boiled down to a question of credibility: Who was telling the truth, Tovar or Perez?

“The board recognized that ex-officer Perez is a convicted felon and, quite simply, a despicable human being,� said Capt. Ron Seban, who chaired the board. “These facts, however, don’t necessarily mean that he is devoid of any credibility.�

Seban said he and his colleagues were unable to find a plausible motive for Perez to lie about Tovar’s involvement in the arrest, noting that the two officers expressed admiration for one another during their respective testimony and that there was no evidence of animosity between them. He also pointed out that Perez’s plea deal does not preclude him from being prosecuted for perjury if he lies on the witness stand.

Finally, in analyzing Tovar’s credibility, board members were troubled by several aspects of the officer’s testimony, Seban said.

For example, Tovar said he failed to call for backup during Semick’s arrest because he was “confused and couldn’t get to the radio.�

“As an officer assigned to a specialized unit, working gang suppression, it is almost automatic, in the board’s eyes, to call for backup and/or assistance when your partner is in foot pursuit of a suspected armed gang member,� Seban said. “Ex-officer Perez’s testimony that Rampart CRASH hardly ever called for a backup because they didn’t want patrol to discover their criminal conduct was a much more plausible explanation to this board.�

Shortly before the panel announced Tovar’s penalty Monday, the officer addressed the board’s members and continued to maintain his innocence.

“The reality is that I am not guilty of any of the things I was accused of doing in this case,� Tovar said. “Rafael Perez feels like the Los Angeles Police Department ruined his life of crime, and now he is trying to ruin the Los Angeles Police Department. I know his lying has destroyed my life. I am sure he is laughing right now, at me and at the department.�

Richard Macias, Tovar’s attorney, conceded that the guilty findings against his client demanded a stiff punishment, but said Tovar’s job should be spared.

“Even in the worst possible light, he has been a great police officer, except, supposedly, for a couple months when he had the misfortune to work with Rafael Perez,� Macias said. “I would submit that a suspension for six months, without pay, would be in order. . . . It would be a total miscarriage of justice for him to be terminated.�

Board members, however, were not swayed.

“Your actions and failure to act have made you a liability to this city,� said Capt. Jim McDonnell.

While Tovar’s case left him the prospect of having to find other work, Durden faces the possibility of many years behind bars if convicted.

In court Monday, Durden stared alternately at the floor and at a wall, never turning to look at about a dozen supporters gathered in a rear corner of the courtroom.

Bill Seki, one of his lawyers, argued for a reduction of Durden’s $680,000 bail that has kept the suspended officer behind bars since his arrest Friday.

Seki said Durden has known he was under investigation for nearly a year.

“If he was going to be a flight risk he would have taken off a long time ago, but he’s here,� Seki told Judge Larry P. Fidler.

Fidler denied Seki’s request, but agreed to take the matter up again Thursday, pending further study.

In addition to attempted murder, Durden is charged with five other offenses, including an on-duty armed robbery.

By far the most serious accusation against him stems from the Oct. 12, 1996, shooting of Javier Francisco Ovando, a 19-year-old gang member.

Perez, who was Durden’s partner on the night of the shooting, says Ovando was unarmed when he and Durden shot him, leaving the young man wheelchair bound.

At a brief news conference after Durden’s court appearance, the Rev. William J. Johnson defended the accused officer.

“He is a good person,� Johnson said. “He’s got a lot of family support. His family is praying for him.�

Meanwhile on Monday, four other officers accused of crimes in connection with the scandal were given a trial date of Sept. 27.

Sgts. Edward Ortiz and Brian Liddy and Officers Paul Harper and Michael Buchanan face various charges in connection with the alleged framing of gang members in the LAPD’s Rampart Division.