Vietnam vet claims guards at El Paso VA clinic used “excessive force” against him

Jose Oliva, 71, went to the El Paso Veterans Affairs Clinic for a check up. But what happened that afternoon still has him shaken up three months later.

Oliva says he was attempting to enter the VA clinic. But his interaction with the guards went horribly wrong leaving him in cuffs and, he says, with injuries.

“You know, they could have killed me,” Oliva said.

Oliva, a Vietnam vet, said he’s had shoulder and throat surgery after what happened at the VA clinic on Feb. 16.

“Just to spend one year in a combat zone, and lucky to survive, I never, ever came to being hurt so much as I did on this day,” Oliva said.

This is surveillance video Oliva requested of the incident and shared with ABC-7. Oliva is on the bottom left of your screen. He says the guards tell him to empty out his pockets, which he does. Oliva says the guards then ask for his ID, this as he’s preparing to walk through the metal detectors. He says he told them his id is in the bucket. The standoff goes on for almost three minutes, then a guard approaches Oliva and just as he’s about to go through the metal detectors, the alarm goes off and three guards grab and tackle him to the ground.

“It’s been a constant last three months of nightmares,” Oliva said.

Oliva says he was stunned, he was scared and hurt. The guards, employed by the VA and considered the clinic’s police, cuff him, and take him to a side room where questioning continues. All the while, Oliva says he doesn’t understand why he’s being treated so aggressively in the very place where he seeks care.

“I’ve seen my psychiatrist three times, and he told me my PTSD treatment that he started with me over a year ago just got shot,” Oliva said.

The VA guards ended up giving Oliva a citation for disorderly conduct. ABC-7 reached out to the VA for their side of the story. They tell us:

“After the incident on February 16, 2016, the officers involved were interviewed and videotapes of the incident were reviewed by representatives from the Office of Security and Law Enforcement (OS&LE) and Law Enforcement Training Center….The investigators found that the charge of excessive use of force leveled by the Veteran could not be substantiated. Our Police Service takes seriously its role to safeguard our Veterans, family members, volunteers and employees while they are on our campus. Our officers’ focus is to promote a safe and secure environment and prevent criminal activity.”

Oliva has filed a personal injury suit against the VA clinic and is represented by attorney Joe Spencer.