Goldsboro police officer removed from duty after departmental inquiry
By John Joyce
Published in News on September 30, 2015 1:46 PM
A former sergeant with the Goldsboro Police Department was fired earlier this month following an internal investigation by the police department during which it was found that the officer allegedly associated with "individuals of questionable character and reputation," according to his letter of termination.
Sgt. Gaston Lopez -- assigned during his 15-year tenure with the Goldsboro Police Department to the Support Services Division, specifically the VICE squad and Goldsboro/Wayne County Interagency Drug Task Force and whose undercover work had been extensive -- received written notification dated Sept. 2 that his termination would take effect immediately.
Lopez was hired in 2000 and began as a patrol officer. He moved up through the ranks over the years and was promoted to corporal in 2006 and to sergeant in 2009.
According to the letter, the police department was notified by the U.S. Attorney's Office April 30 concerning "Giglio" issues regarding Lopez. The term "Giglio" refers to case law established after the 1972 U.S. Supreme Court case Giglio vs. United States, which dealt with the credibility of witnesses testifying in federal cases.
A local attorney who asked not to be identified said once a law enforcement officer is "Giglioed," he is deemed ineffective in his or her role in law enforcement. The term, "Giglioed" is commonly used today to refer to discredited police officers.
"It has to do with impeachable evidence," the attorney said.
If there is evidence to show that the witness, in most cases a law enforcement officer, has something in his or her background that suggests he or she might lack credibility, the prosecution has to disclose that, the attorney explained.
"Once the federal government determines there are issues with a law enforcement officer's credibility as a witness, no agency will call them as a witness again," the attorney said. "Usually that means that it's a career ender for law enforcement."
The U.S. Attorney's Office said as much to the Goldsboro Police Department back in April, that Lopez would no longer be used as a law enforcement witness in the prosecution of federal cases. That notification prompted an investigation by the police department's Internal Affairs Division, and Lopez was placed on administrative duty effective May 4.
The Internal Affairs investigation determined Lopez violated departmental and city policies while employed as a Goldsboro police officer.
In the first instance, the letter of termination cites Goldsboro Police Department General Order 1: B-46 Personal Conduct, which states in part; "Officers and employees of the department are prohibited from engaging in any immoral or indecent conduct or association with individuals of questionable character or reputation."
Second, the letter cites Goldsboro Police Department Standard Operating Procedure 15:6; b.-c. Internal Affairs-Employee Responsibilities, which states in part; "Employees subject to Internal Affairs/Adminsitrative Inquiries must cooperate fully with the investigation and provide truthful and complete answers to questions."
And finally, the letter cites City of Goldsboro Personnel Policy Article IX; Section 5: Detrimental Personal Conduct Defined, which states in part; "Detrimental Personal Conduct includes behavior of such a serious detrimental nature that the functioning of the City may or has been impaired."
Lopez allegedly violated all three standards, according to the letter of termination. A Disciplinary Action Form accompanied the letter of termination. On it, two boxes are marked indicating unsatisfactory job performance and detrimental personal conduct.
Goldsboro Police Interim Chief Mike West offered no comment regarding Lopez's termination or whether potential criminal charges might be pending.
West said the departmental investigation ended with Lopez's dismissal.
"No comment," West said, regarding prior warnings, suspensions or reprimands during Lopez's tenure with the department.
The disciplinary action form showed no previous disciplinary actions had been taken against Lopez within the last 24 months.
West did address Lopez's pending cases and prior convictions, saying "those would be left up to the district attorney and the state's attorneys' offices."
The U.S. Attorney's Office said it does not confirm or deny the existence of investigations and it could not comment on Giglio issues.
Lopez did not respond to attempts to contact him.