City officials on Tuesday spoke publicly about their knowledge that a former police officer who was hired in 2021 had been charged with a misdemeanor in 2013.
As first reported by Owensboro Times earlier this month, jail records show that former Owensboro Police Officer Aleph Zavala was arrested in 2012 and 2013. The first arrest was for a failure to appear charge and the second was for a domestic violence allegation.
Through an Open Records Request, Owensboro Times previously obtained a partially redacted 68-page personnel file that showed Zavala was charged on November 29, 2013, with 4th-degree domestic violence. Jail records show that Zavala was released the next day, and a page of the personnel file shows the charge was dismissed on December 2, 2013.
A portion of the personnel file later includes notes from an interview with the person who filed the charge. The interview was conducted in November 2021 when Zavala was applying to OPD.
During the March 19, 2024, City Commission meeting, City Human Relations Manager Josh Bachmeier said the City had been made aware of the misdemeanor charge during Zavala’s initial hiring process.
“The city was well aware that there was a charge filed against that officer back in 2013. So we completed the background investigation in 2021. Those charges were also dropped, it was a misdemeanor,” Bachmeier said.
Bachmeier also spoke about the OPD investigator’s interview notes that were included in Zavala’s personnel file.
“If I recall, and it’s not verbatim, but (the complainant) stated that they were both young and stupid and got into an argument, but that (Zavala) never laid a hand on her. And (the complainant) also recommended (Zavala) for the position and actually hoped they became an officer,” Bachmeier said.
According to the documents, when asked about the domestic violence arrest, the person “stated they were both young and stupid and got in a heated argument, but he never laid a hand on her. These charges were dismissed and there have been no further issues between them.”
According to the portion of the personnel file pertaining to the OPD investigator’s interview with the complainant, when asked if Zavala had exhibited any violent tendencies or posed any violent threat, the person responded “no.”
In another question, the person again said the assault charge “came from them being young and stupid. He didn’t physically harm her, she just called in the heat of the argument. She had no injuries and dropped the charges.”
OPD did not provide comment for OT’s initial reporting on Zavala’s personnel file. On Tuesday, speaking to the City Commission, OPD Chief Art Ealum said that, depending on the charge, the department does not exclude candidates for dismissed charges. He said that ultimately, they “hire from the human race,” and like all professions, they can’t predict what an employee will do.
“With the events that took place, I hate that for his family because they didn’t ask for this. I hate that for our community and the lady in question,” Ealum said. “… Could it happen again? We have 100+ employees; we’re going to have things that happen. But it’s important that organizations such as police departments, fire departments, and City governments address those things head-on.”
Both Bachmeier and Ealum said all OPD employees are vetted, and said only 4% of candidates are hired.
Zavala — who was hired as an OPD officer on December 20, 2021 — was terminated from his position on February 21, 2024. Information was made available in early March that detailed the circumstances that led to his termination. Documents show the allegations involved a complaint of sexual assault as well as making false statements about the incident. Read the 53-page investigation report here.
