Former undersheriff files lawsuit against DA County Sheriff Kiki Vigil

Former Dona Ana County Undersheriff Edward J. Lerma filed a lawsuit against his former boss, Sheriff Enrique “Kiki” Vigil for an alleged violation of the Whistleblower Protection Act.

Lerma, who has more than 40 years experience in law enforcement, served in three prior administrations of the Dona Ana County Sheriff’s Office. Vigil, elected in 2014, appointed Lerma as his undersheriff or second in command.

Lerma claims he openly disagreed with Vigil on various occasions and voiced his opposition “when he believed the law was not being followed to the letter,” a court document states.

The document further states Lerma disagreed with Vigil when it came to management and control of the Dona Ana County Detention Center.

Vigil stepped in and took control of the detention center in December 2015. Until then, it had been under the control of the County Commission and County Manager since 1992.

At the time, the sheriff’s office arrested Dona Ana County Detention Center administrator Chris Barela and charged him with embezzlement over $20,000, fraud over $20,000, bringing contraband (a dangerous weapon) into the jail, and willful neglect of duty.

Vigil claimed he had no choice but to take over the jail in the wake of Barela’s arrest. Immediately after taking control of the detention center, Vigil was served with a temporary restraining order, ending his short takeover.

The charges against Barela were later dropped and Barela has since been reinstated as the administrator of the detention center.

Lerma’s lawsuit also claims the sheriff, in an effort to control the budget, wanted to terminate three employees who filed complaints instead of simply not filling three vacant positions. The sheriff was not allowed to terminate the employees.

Lerma also accused Vigil of trying to launch an internal investigation into an employee who complained about Vigil and the operation of the sheriff’s office.

Other allegations against Sheriff Vigil found in the document include an alleged violation of the “anti-donation” clause of the New Mexico Constitution. This allegedly happened when the sheriff’s office provided deputies as security at the “Tortugas Fiesta.”

In the lawsuit, Lerma claims Vigil attempted to force him into retirement around July 7, 2016 while Lerma was on leave. Lerma returned to work on July 11th and Vigil told him he had already announced Lerma’s retirement to the department. Lerma told Vigil he had no intention of retiring.

The lawsuit states Lerma informed Human Resources he never asked Vigil to approve his retirement, but Vigil allegedly continued with his plans to “unappointed” Lerma as Undersheriff, eventually terminating his position.

Vigil claims he was fired because he brought up Vigil’s alleged “unlawful actions,” including investigations and attempted position cuts affecting employees who filed complaints against Vigil.

Lerma is seeking compensation for damages, back pay, and attorney’s fees.

ABC-7’s New Mexico Mobile Newsroom reached out to both Vigil and Lerma for comment. We have not heard back from them.