Former Idalou police officer convicted on aggravated assault charge, gets probation

A former Idalou police officer was placed on 10 years probation for abusing his authority when he threatened with a gun two men during an encounter at his home nearly five years ago.

Miguel Guerrero Jr., 29, pleaded guilty Friday morning to a count of aggravated assault by a public servant, a first-degree felony that carries a punishment of five years to life in prison.

He entered his plea three weeks ahead of a trial set in the 140th District Court.

Miguel Guerrero Jr., 29, pleaded guilty to a count of aggravated assault by a public servant, a first-degree felony that carries a punishment of five years to life in prison.

He initially faced two counts of the charge; in exchange for his plea, the second charge was dismissed and a deadly weapon finding was waived, which allowed him to be placed on probation.

He was also required to permanently surrender his police license.

Guerrero was placed on probation for 10 years, with an underlying sentence of 10 years, meaning he faces up to 10 years in prison if his probation is revoked.

He walked out of the 364th District Court with his attorney John Wolf, who declined to comment after the hearing.

The charge against Guerrero stems from a five-month-long Texas Ranger investigation into an Aug. 21, 2018, encounter while he was a police officer with the Idalou Police Department, according to an arrest warrant.

The Rangers’ investigation included reviewing body camera recordings of Guerrero's statement to investigators about what happened that night and a recording from a victim's phone that contradicted some of Guerrero’s statements, the warrant states.

Idalou Police Chief David Wilson said Guerrero, who started working at the Idalou Police Department in March 2018, no longer works for the city but declined to say when or how he left.

The Rangers were requested in January 2019 by the Lubbock County District Attorney’s Office to investigate the case after evidence of Guerrero's abuse of power surfaced in an a separate investigation.

The encounter stemmed from a confrontation at Guerrero's apartment complex that resulted when one of the men he assaulted found messages between Guerrero and his girlfriend. The man made her take him to the officer’s home.

When they arrived the woman immediately ran from the vehicle and went to Guerrero’s home.

Guerrero told investigators that after the woman entered his home, one of the men exited the vehicle and ran toward him aggressively. Guerrero said he drew his service pistol and pointed it at the man and ordered him to lay on the ground.

He said the second man also got out of the vehicle and approached him. Guerrero said he ordered him to get on the ground then called on another police officer, who arrived and handcuffed the men, the warrant states.

The other officer’s body camera showed that as the men were handcuffed, Guerrero pointed his gun at one on the men and threatened to kill them if they returned to his home. At one point, Guerrero could be seen grabbing one of the men by the hair, aiming his gun to his head and threatening him.

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As Guerrero searched the man’s vehicle, he found the phone, which was still recording. Investigators believe Guerrero's immediate reaction was to destroy it as he could be heard saying, “Let’s get rid of…” before the recording stopped, the warrant states.

When Texas Rangers enhanced the audio of the recording, it apparently revealed a different version of events, the warrant states.

Investigators said the recording reportedly depicts Guerrero confronting one of the men immediately after vehicle doors could be heard opening and shutting. Guerrero could be heard identifying himself as a police officer and ordering the man to the ground.

He then orders the second man to get out of the vehicle and go on the ground.

Guerrero also could be heard accusing the men of hitting women.

The recording caught more threats before the other officer arrived. Guerrero could be heard saying, “I will shoot you in the ------- face if you ever try to do some stupid ---- like that again! Do you understand me? Do you understand me? I will put this ------- gun in your mouth and pull the ------- trigger! Do you understand?”

Rangers spoke to the other officer who said Guerrero didn’t handle the situation well and that he wouldn’t have threatened the men after they were handcuffed if he were in Guerrero’s place, the warrant states.

However, the officer said that he believed Guerrero was a good officer who didn’t normally threaten people, though he would raise his voice and act aggressively during arrests, the warrant states.

Guerrero declined to speak with Rangers at the advice of his attorney, the warrant states.

Guerrero was arrested June 12, 2019 and booked into the Lubbock County Detention Center and was released the same day on bond set at $15,000.

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Prosecutor Austin Sanford said after the hearing that Guerrero's actions that night showed an abuse of power that damaged trust in law enforcement.

"Law enforcement is there to protect and they're not there to do the opposite," he said. "Their duty and goal should be to remove fear from citizens, not administer fear, and that's especially true as it pertains to the fear of violence and the loss of one's own life. These were 19-year-old kids that were stupid and maybe made some poor decisions, but they certainly didn't deserve what occurred."

He said the case also shows that the justice system working in removing bad actors in law enforcement.

"We found somebody who doesn't belong here (in law enforcement) and we made sure that everybody knows about it and that he could never do anything like that again," he said. "The only thing necessary for the triumph of evil is for good men to do nothing."

He said Guerrero's conviction will ensure that he will never obtain a position in law enforcement in the state.

"Should he pursue being an officer anywhere else, as a result of the conviction that would be seen, I don't think any one will hire someone as a police officer who's been convicted of a first-degree felony of aggravated assault by a public servant where the allegation was that he utilized a deadly weapon in the commission of that deadly weapon threat. "

This article originally appeared on Lubbock Avalanche-Journal: Former Idalou police officer convicted on aggravated assault charge