San Mateo Co. DA declines to prosecute sheriff whistleblower: ‘Should not have been arrested’
Dec 16, 2024
(KRON) -- A San Mateo County Sheriff’s Office deputy, who was one of the first people to speak up about the alleged toxic work environment currently shrouding the agency in scandal, was cleared of any wrongdoing by San Mateo County District Attorney Steve Wagstaff after being arrested last month for timecard fraud. In an announcement Monday, Wagstaff said “no crime was committed” by Deputy Carlos Tapia before being arrested by fellow deputies.
On Nov. 12, Deputy Tapia, who is also the president of the sheriffs’ union, was arrested on felony charges of grand theft and obtaining money by false pretenses for alleged timecard fraud occurring between Jan. 1 and Oct. 18. The San Mateo County Board of Supervisors called the arrest another example of retaliation by embattled Sheriff Christina Corpus.
After being arrested, the sheriff’s office submitted Tapia’s case to the district attorney’s office.
“Over the course of the following month the District Attorney’s Office conducted a thorough and detailed investigation into the allegations,” DA Wagstaff said in a statement Monday. “We have concluded based on the follow-up investigation that no crime was committed by Deputy Carlos Tapia, that the complete investigation showed that there was no basis to believe any violation of law had occurred, and finally that Deputy Tapia should not have been arrested.”
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The district attorney’s office said it conducted interviews with a number of people involved in the deputy’s payroll, including the acting assistant sheriff who solely investigated the timecard allegations by the sheriff’s office against Tapia. The DA called the acting assistant sheriff’s investigation “extraordinarily limited” and did not “examine the accuracy of the allegations.”
In the acting assistant sheriff’s notes, according to the DA, it was noted that more work needed to be done in the investigation. However, without further investigation being conducted, executive leadership at the sheriff’s office directed Tapia to be arrested.
At the conclusion of the DA’s interview with the acting assistant sheriff, the “Acting Assistant Sheriff repeated several times that the follow-up investigation definitively established that there is no case against Deputy Tapia and he is not guilty of any criminal conduct,” the DA’s office said.
“Deputy Carlos Tapia did not commit grand theft, theft by false pretenses or any sort of timecard fraud,” DA Wagstaffe said. “There were clerical errors in the manner in which work hours were coded but nothing showing criminal intent or criminal conduct. Additionally there was no monetary loss to the Sheriff’s Office by the miscoding.”
Tapia was arrested on the same day that a scathing 400-page report was released by the county’s independent investigator, accusing Sheriff Corpus of abusing power, creating a toxic work environment, retaliation, and having a romantic relationship with Assistant Sheriff Victor Aenlle. The county’s board of supervisors, the San Mateo County Deputy Sheriff’s Association and the San Carlos City Council have called on the sheriff to resign.
KRON4 has reached out to Sheriff Corpus for comment on the district attorney's decision.