Judge to review records of LAPD captain who allegedly used ‘wetbacks’ epithet

A judge says he will review and order the production of some personnel records of an LAPD captain who allegedly used the racially insensitive remark “wetbacks” while speaking to a fellow captain.

The ruling stems from a Los Angeles Superior Court lawsuit filed by Sgt. Rigoberto Vasquez, the officer in charge of the Foothill Division vice unit, who maintains he began experiencing retaliation in September 2020 after reporting that he overheard Capt. Johnny Smith, who is Latino, tell Capt. German Hurtado, also a Latino, that Hurtado and his family members are “wetbacks.”

On Nov. 15, Judge Stephen I. Goorvitch granted part of Vasquez’s attorneys’ motion and ordered that the city turn over to him for an in-chambers review the contents of any internal LAPD investigation that Smith used the epithet “wetbacks” and that Smith retaliated against the plaintiff for coming forward. The judge also said he wants to review documents showing any prior complaints of retaliation committed by Smith as well as any alleged false statements or untrue reports he wrote.

The judge said he will analyze the records in chambers on Dec. 12 and Jan. 16, then decide which of them should be turned over to Vasquez’s attorneys. Goorvitch denied Vasquez’s attorneys’ calls for production of other personnel records, agreeing with the City Attorney’s Office that the requests were overbroad and would include some privileged materials.

According to the suit, Hurtado filed an internal complaint against Smith in August 2021 regarding the captain’s alleged remark and the next month the plaintiff was interviewed by Internal Affairs about what he had heard. In October 2021, Smith told Vasquez, “I can’t believe that (Hurtado) filed a complaint against me,” the suit further states.

Smith also was upset with Vasquez for his interview with Internal Affairs and when Vasquez replied that he had an obligation to tell the truth, Smith “threateningly” told the plaintiff that he did not have to say he remembered Smith making the “wetbacks” comment, the suit states.

“Just know that you’re in front of a very powerful train here,” Smith told Vasquez, according to the suit. “This is something that can get in the way of your career. Do you think you’re going to make lieutenant if you’re involved in stuff like this?”

Vasquez believes Smith recorded their discussion on his phone and he later discussed the conversation with Hurtado, who along with Smith supervised the plaintiff, the suit states. Vasquez told Hurtado that he believed Smith’s remarks to him were retaliatory in nature, the suit states.

Vasquez was subsequently interviewed by Internal Affairs regarding his conversation with Smith and shortly thereafter, the plaintiff was reassigned to work under a different captain who was newly appointed and not as familiar with the complex workings of undercover operations, the suit states.

Vasquez was ordered to try to avoid contact with Smith, who glares at the plaintiff and refuses to speak to him, the suit states.

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