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charges in Ontiveros report

Holly Johnson The Arizona Republic Dec. 10, 2004 12:00 AM

Former Phoenix Assistant Police Chief Silverio Ontiveros may again face disciplinary action after a department internal investigation sustained two serious allegations against him.

A report released Thursday morning found Ontiveros engaged in unprofessional conduct in dealing with arrests in the Palomino neighborhood and while participating in the Valley Leadership Institute program for community leaders.

Ontiveros, who was reassigned as a commander to the department's property management bureau Nov. 25, received the report Tuesday and said he's unsure whether he'll face additional repercussions or reassignments.

"Hopefully, this will be resolved within two to three weeks," Ontiveros said.

The first allegation stemmed from a previous investigation into his involvement in live-in girlfriend Lizabeth Roman de Harvey's foiled plan to smuggle two brothers, both Mexican citizens, across the Arizona-Sonora border.

Ramon de Harvey was stopped at the Nogales port of entry and arrested. She pleaded guilty to aiding and abetting illegal entry and was sentenced to one year of probation.

Carlos and Juan Morales-Vera were deported during a spate of Immigration and Customs Enforcement gang roundups in the Palomino neighborhood of Phoenix earlier this year.

That investigation found Ontiveros did not help Ramon de Harvey smuggle Carlos and Juan Morales-Vera into the country, nor did he aid or contribute to her subsequent arrest or prosecution.

But Thursday's report sustained allegations that Ontiveros had improperly used police authority to gain specific and confidential information about the arrests and other undercover gang investigations from Phoenix police and ICE agents.

The report also detailed allegations of Ontiveros' misconduct during the yearlong Valley Leadership Institute. The police department paid for Ontiveros to attend the program, which spanned 10 months.

He failed to complete tasks, worked on projects unrelated to the police department or the program and occasionally fell asleep during classes, the report states.

He also brought Roman de Harvey to several classes without permission and made inappropriate comments about his relationship with her during the program's graduation exercises, telling the crowd he had "left his wife of 29 years" and was "now sleeping with a felon."

Phoenix police were not available for comment on the allegations Thursday. Decisions regarding possible disciplinary measures will be made by Police Chief Jack Harris.