New Info On Probation Dept. Investigation: Union says man found burned in a downtown building was a probationer

ABC-7 has new information on a story first reported Oct. 9 regarding a call for an investigation of the probation department.

This started around allegations of an inappropriate relationship between a probationer and his officer.

It all came to light after a deadly car crash involving a former probationer, David Zavala. Zavala is charged with intoxication manslaughter.

El Paso police have said he was drunk when he crashed on Oct. 5. His passenger and former probation officer, Cynthia Mendoza, died a few days later.

The American Federation of State, County and Municipal Employees (AFSCME) is levelling new accusations against the West Texas Community Supervision and Corrections Department (WTCSCD). Greg Powell said the man who was found tied up and burned in a building in Downtown El Paso in September was also under the responsibility of the probation department.

“(Gerardo Luna) was in fact a resident of the behavioral center,” said Powell over the phone from Austin Monday. “It wasn’t until 8 days later that a notice went out that he had gone missing. A couple of weeks later he shows up burned to death.”

Luna was the homeless man referred to as “Mexican Jerry” by the people accused of tying him up, beating him, then burning him and leaving his body in a basement of a vacant building.

Five people have been arrested, accused of his murder.

“Staff should verify through personal contact or phone contact (a probationer’s whereabouts),” said Powell. “When someone is gone, within 24 hours the director and the facility director should be notified, and they should notify the administrative judge of the event.

“We don’t know that any of those things happened.”

Powell said this turn of events may have happened because WTCSCD employees are not being trained properly.

“It’s this whole loose, unguided, unsupervised process that’s taking place at this behavioral center that’s risking the probationers, my officers and the public,” Powell said.

Gerry Howard, the attorney representing WTCSCD, had no comment on the latest allegation, adding he simply didn’t have enough information on the case to respond.

“The union has not come to us with concrete allegations of anything,” Howard added.

When asked if he approached the department director, Maggie Morales-Aina, before going to the media with the allegations, Powell responded, “It would have been a nice courtesy to go to Ms. Morales first.

“I don’t feel she deserved that courtesy because she didn’t have the courtesy to give employees proper directions, proper policy or proper management.”

As for the initial allegation of an improper relationship between a probationer and officer, Howard said Morales was notified in Feb. 2014 — not May 2013, as the union stated.

Howard also said David Zavala was no longer a probationer at the time of the crash and, “We can’t tell our employees who they can and can’t see.”