Two deputies speak out on jailhouse butt-slap dispute
By Daniel J. Chacon, Rocky Mountain News (Contact)
Published April 3, 2008 at 11:41 a.m.
Updated April 4, 2008 at 8:31 a.m.
Photo by Barry Gutierrez / The Rocky
Attorney Derek W. Cole, left, says his client, Bobby Rogers was the victim of "gross overkill" in the slapping incident.
The former Denver sheriff's deputy who quit his job after a co- worker smacked his rear end said he's emotionally scarred by the incident.
"Emotionally, it's burned in me forever," Francisco Hernandez said in a telephone interview. "But physically, yes it hurt me. The man is 6-2. I'm only 5-6, and I'm bent over a desk, completely not expecting this to happen."
Hernandez, who used to work at the county jail before his resignation last year, said he feared for his safety in working with inmates after he complained about a fellow deputy.
"I loved my job, but I knew what was going to happen the minute I complained," he said. "I knew I was going to become an outcast.
"I knew (the other deputies) were going to ignore me. I knew I was going to get treated like a leper deputy."
Hernandez, who now lives in California, also said the butt slap was more than just horseplay.
"It wasn't the kind of smack on the butt that replaces a high five (that) you give your teammate during a baseball game," said Hernandez, a married father of three. "It reminded me of a porn movie."
Bobby Rogers, the deputy who spanked Hernandez, was suspended for 45 days over the May 30, 2007, incident - discipline his attorney called "gross overkill."
Rogers said the incident was blown out of proportion and that he's the target of discrimination. Rogers received a letter of termination Thursday over a suicide at the jail, his attorney said.
Rogers, in a complaint filed with the Equal Employment Opportunity Commission, said he was served with papers Sept. 10 notifying him that he was under investigation for a hanging that happened Feb. 20, 2007.
"At a pre-disciplinary hearing, they tried to say that I was not doing my rounds and neglecting my duties because I didn't find the body," Rogers wrote.
The spanking was made public in recent weeks. According to city documents, it unfolded like this:
Hernandez and five other deputies who were assigned to work at the jail were in a small office known as the control center cage when he leaned over a desk to get his keys.
Suddenly, Rogers "slapped him hard on the buttocks."
"What the hell!" Hernandez yelled as others started laughing.
"I think I cupped it," Rogers said.
"I think you got some lift," quipped another deputy.
"If you're going to stick it out, I'm going to hit it," Rogers said, which generated more laughs.
Hernandez said the 45-day suspension was a "slap on the hand."
"He's lucky he got to keep his job," he said. "He should have been gone."
But Hernandez said his beef isn't with Rogers.
"My complaint is with the city," he said.
Hernandez said he requested a transfer out of the county jail, but was assigned to a building that's an extension of the county jail.
Post your comment
Registration is required. Click here to create your free user account, or login below.
Comments are the sole responsibility of the person posting them. You agree not to post comments that are off topic, defamatory, obscene, abusive, threatening or an invasion of privacy. Violators may be banned. Click here for our full user agreement.
Featured
-
Legislature Blog
Read live updates from the opening of the 2009 legislative session.
-
Rocky multimedia
The news comes alive in our videos and slide shows. Catch up on what's happening today.
-
Who's next?
Complete coverage of the Broncos' search for a new coach.
-
Rocky year in photos
View an audio slide show of staff selections from 2008.
-
Winter Escapes
Your insider’s guide to the copious joys of the coolest season.
-
Sam Adams' Open Mic
Open Mic: Two-man advantage with Avs
-
Shanahan's career
See photos from Mike Shanahan's career as Broncos coach.
-
12 days of Drew
Look back at the year that has been with Drew Litton.
-
A dream fulfilled
A Rocky Mountain News and MediaStorm production
April 3, 2008
11:47 a.m.
Suggest removal
temurlan writes:
OMG. Where do I begin...
April 3, 2008
11:54 a.m.
Suggest removal
OhBrother writes:
ahhh to serve and protect
April 3, 2008
12:13 p.m.
Suggest removal
justice2008 writes:
what a sissy lala! now you know if it were a woman that slapped his butt, he wouldn't have said anything at all, but because it was a man that did it, he feels violated. my thoughts are he made such a big fuss because he's not to sure of his sexuality and it caused some confusion in his thinking and so he had to cry to someone about it. Butch up B**ch!
April 3, 2008
12:14 p.m.
Suggest removal
CBR writes:
I bet the 6-2 is a white guy preying on the little mexican 5-6. A sign that he wants some. Seeing to much porn while he's at work. That is so disgusting.
April 3, 2008
12:15 p.m.
Suggest removal
kll1022 writes:
Referring him as a "fag" is ridiculous. You can't just throw that word out around there like that.
April 3, 2008
12:18 p.m.
Suggest removal
temurlan writes:
This guy is probably like that cop in the tight shorts from Reno 911. Goosebumps??????
April 3, 2008
12:19 p.m.
Suggest removal
Scott writes:
PANSY!
Scott
April 3, 2008
12:22 p.m.
Suggest removal
AWM writes:
I think he was looking for a big payday. How many times do you think he observed this behavior befor it happened to him? Did he laugh when it happened to others? Sounds like he's mad at the city because they didn't fork over the $$ to keep him quite.
April 3, 2008
12:22 p.m.
Suggest removal
bone writes:
sounds like it obviously aroused him, and that is what actually bothered him...after all, it was a "porn" slap...what is a "porn" slap ?...and why does queen sensitive know the difference between a porn slap, and an average slap ?....i wish someone would "porn" slap me once in a while, "oooh (making a moaning sound), make it hurt so good officer"
April 3, 2008
12:25 p.m.
Suggest removal
gs writes:
I wonder if he hadn't been molested at some point.
April 3, 2008
12:27 p.m.
Suggest removal
bone writes:
and "yes" hernandez, you are a crybaby...i hope youre not a cop where you are now, i'd hate to think that a community has to rely on someone as chicken(feces) as you to "protect and serve" them...
April 3, 2008
12:28 p.m.
Suggest removal
Spencer writes:
they all seem a little strange
April 3, 2008
12:29 p.m.
Suggest removal
Firefox writes:
kll1022, he is what he is!
April 3, 2008
12:30 p.m.
Suggest removal
Theoldguy writes:
You've just read about the "closed society of the Denver Sheriff's Department" and you all make jokes? Forget professionalism in this small society of people. Just following along will get you through the day of hazing. The guards play as many games as the guarded. One really has to wonder who and what is on either side of the bars.
April 3, 2008
12:43 p.m.
Suggest removal
wow writes:
It sounds like none of them get out enough. Bunch of animals.
And, speaking of professionalism...nice headline, huh?
My twelve year old writes with more meaning. And why was he given a phone interview now, about an incident that occured more than a year ago, when he has moved on and now lives in Cali? Is this history, or news? I normally don't nitpick but sheesh...slow news day anyone?
April 3, 2008
12:44 p.m.
Suggest removal
Downey1967 writes:
He was in alot of respects assaulted, and it can be construed as sexual assault as well. If all else it was probably considered simple sexual harrassment. Now if this had happened to a female, there would have been charges, and a lawsuit. But, since it happened to a male counter part the city and county of denver pretty much swept it under the rug. What a pity, and all of those that are calling him a fag, or a B***h let it happen to you and see just how you feel after it has happened. I guess then everyone could say the same about you too?
April 3, 2008
12:47 p.m.
Suggest removal
davies writes:
Since Dave Barry is on extended leave, I will just point out that "Butt-Slapped Deputy" would be an excellent name for a rock band.
April 3, 2008
12:52 p.m.
Suggest removal
wow writes:
Butt-Slapped Deputy would be a killer name for a band. My all time fave is "Lyin Bit#% and the Restraining Orders".
April 3, 2008
1:06 p.m.
Suggest removal
davies writes:
I'm glad your thoughts are free - I'd hate to have to pay for them.
April 3, 2008
1:09 p.m.
Suggest removal
MO_Listener writes:
Sounds like the 5'6" guy was swishing his tush and got it slapped. That's what can happen if you do suggetive things. In all my years at work, I have never seen another guy (or gal for that matter) bend over their desk and flash their a#% at me. Would have been more fun if the other guy had a paddle to use.
Wimpy whiners deserve to live in CA - probably San Fran!
April 3, 2008
1:13 p.m.
dontbeajerk writes:
(This comment was removed by the site staff.)
April 3, 2008
1:27 p.m.
Suggest removal
Mtn__Gator writes:
Will someone please give him a quarter so he can call someone else who cares? Big Baby!
April 3, 2008
1:29 p.m.
Suggest removal
MeAgainstMachine writes:
It doesn't matter whether or not Hernandez is gay or a whiner. What matters is the fact that was assault and could have been deemed sexual assault once followed up with those remarks. I bet all of you comments would be far different if Hernandez was a woman. I don't think this is acceptable behavior by those that would be enforcing punishment against a civilian had he/she done the same thing in a private/public workplace against another employee regardless of gender or sexual orientation. It is a double standard.
April 3, 2008
1:30 p.m.
forwhatitis writes:
(This comment was removed by the site staff.)
April 3, 2008
1:37 p.m.
Suggest removal
McBangus writes:
Yes, he IS a crybaby. He said it himself: he "cried like a baby" when he reported the incident to internal affairs. He now looks like more of an idiot that before.
Stay in California, Hernandez, and get a job as a meter maid or something a little more your speed. Your petite little self SURELY has no business guarding prisoners. Only real men and women can make it as real cops.
April 3, 2008
1:41 p.m.
Suggest removal
fishtanksamurai writes:
Remember the nurse who recently got fired for mooning her co-workers? She got screwed when you compare her punishment to the butt slapping deputy's. So tired of all the politically correct wussies and their double standards.
April 3, 2008
1:49 p.m.
Suggest removal
wow writes:
No kidding samurai
---And can you imagine the excrement storm there would have been if one of those nurses had slapped that moon.
Who would get fired/sued then?
That'd be really fun to watch.
But I digress.
April 3, 2008
2:05 p.m.
Suggest removal
JK writes:
When in Rome do as the Romans, when in prison do as the prisoners?
I guess the inmate dating ritual has been passed onto the guards.
April 3, 2008
2:06 p.m.
Suggest removal
temurlan writes:
A slap on the hand for a slap on the butt. There's a lot of slapping going on. I wonder what goes on in building 20?
April 3, 2008
2:18 p.m.
Suggest removal
wow writes:
If he had been the type who would have busted the slapper in the chops, he probably never would have been a target to begin with.
Political correctness totally aside, what kind of girly man takes a swipe at another guy's butt any way?
I suspect there's more time spent on homoerotic horse play in Bldg. 20 than we know.
April 3, 2008
2:29 p.m.
Suggest removal
OhBrother writes:
glad all the criminals were being good so the officers could get a good game of grab a$s in....great work. This wasn't the basketball court or somthing, it was at the job. I don't see there ever being a reason to touch, let alone slap another man's cheeks. Laugh if you want but this guy's probaly reachin for your junk next
April 3, 2008
2:29 p.m.
Suggest removal
Ztliano writes:
I wish I get butt-slapped at work. Hopefully the butt-slapper's cute :)
April 3, 2008
2:30 p.m.
Suggest removal
temurlan writes:
Come to think of it, all of the current workers in building 20 are probably really annoyed with this guy now. He just told the world that they are all f-ups and trouble makers.
April 3, 2008
3:22 p.m.
Suggest removal
joeblow writes:
bigdude,
Your credentials as a bigot, moron and mouthbreather are solidified. But, just one question---though your ability to reason may be challenged here. Is it possible that the deputy who filed the complaint (Hernandez) is an AMERICAN?!
Let me stop before I resort to calling you stupid.
My bad! To late!
April 3, 2008
3:38 p.m.
Suggest removal
rmnreader writes:
Ohbrother is right on - my expectations of the degree of professionalism a person in law enforcement should have do not include a juvenile game of grab a$$ at work. Good luck getting anyone's respect that way - in a job that demands respect. Idiots.
April 3, 2008
4:19 p.m.
Suggest removal
johnson writes:
"A Denver wide receiver walked off the team today and complained to management for harrassment after being slapped on the butt in the end zone." You'll never see that headline. It's called horseplay. And Hernandez still gets goosebumps about the incident? Something just not right there. Sounds like he was saving his butt for that special someone.
April 3, 2008
5:30 p.m.
Suggest removal
wow writes:
Hi gwm!! My fave deputy slapper!!
April 3, 2008
5:36 p.m.
Suggest removal
wow writes:
I've got it figured out now.
Do you remember that scene in Pulp Fiction with Zed? How about Deliverance?
No wonder the guy was scared.
Where are Burt and Bruce when you need them, dang it??
April 4, 2008
8:54 a.m.
Suggest removal
attydwcole writes:
Dr. King:
Today (and every day), we young, black "professionals" pay "homage" to you, your strength, your guidance, your "dream", and (unfortunately) your "ultimate" sacrifice (which we all remember this day, April 4, 2008).
Without YOU, NONE of us would have had a "chance" in this (still) "unfair" and "unjust" world.
We hope that our efforts today (and every day) help to continue the "great debate" about "racism" in America; so that, ONE DAY, this "disease" can be "purged" from our society (if not the world).
As our promise (to you and the world), we, the NEW "guard", will continue to "fight" the "fight" that you, due to "racism", were not allowed to complete.
We know that we are but a PARTIAL fulfillment of your "dream." Therefore, we hope that (from Heaven) you (and God) bless our efforts in this continuing struggle for "equality." We only hope that OUR (renewed) "fight" does "justice" to YOUR "unselfish" efforts.
We (here in Denver) hope to hear Senator Obama further address, at the DNC, this embarassing "blight" on our society.
Hear us Racism!!! Enough is enough!!!
In Loving Memory,
Derek W. Cole, Esq.
COLE & ASSOCIATES
Attoyneys at Law
April 4, 2008
9:06 a.m.
Suggest removal
attydwcole writes:
To All:
Please help us with our fight to ELIMINATE "racism" in this country.
We sure could use the "help" and will GLADLY accept (any and all) ideas on how to "kill" this "beast" -- ONCE AND FOR ALL!!!
Derek W. Cole, Esq.
COLE & ASSOCIATES
Attorneys at Law
April 4, 2008
9:11 a.m.
Suggest removal
PleadTheFifth writes:
I thought is was good thing, if a fellow officer "had your back"?
April 4, 2008
9:22 a.m.
Suggest removal
mandzoco writes:
Truly amazing, a couple of deputies engaged in horseplay at the least, an assault committed at the worst. One of those involved claims 'emotional scars' was this individual stable when he was hired? Was a psychologically exam administered prior to his being hired? The other individual by his own admission as been disciplined for the 'slap' a 45 day suspension and then terminated, for failing to perform his assigned and sworn duties during a jail suicide, now this person claims racism, wow, where this claim previously? Notice how he and his attorney attempt to downplay this? How about both of these individuals get a BIG clue, they do not belong in any form of law enforcement or correctional work. Law enforcement is difficult enough without people claiming racism when they make errors like 'slapping butts' or not performing their prescribed duties. Perhaps Rogers can find a position somewhere where he can slap butts and not do anything else. And as for the emotionally scarred Hernandez, are you still authorized to carry a weapon, if it was my choice I would take this power away from you, since its obvious your mental stability is now extremely questionable.
To the rest of the men and women who perform their difficult duties, under difficult circumstances and don't snivel, whine, or cry about it . . kudos to you all and stay safe!
April 4, 2008
9:23 a.m.
Suggest removal
ozzyjamez writes:
First of all, I think Hernandez is making a big deal out of something that sounds like it was a joke. There is a lot of stress in that job and it was cutting up. Yes, maybe Rogers used poor judgement in spanking him but come on! I really don't think Hernandez is that traumatized and if he is....he really should not be working as a Deputy Sheriff, if that is all it takes to traumatize him. Let's get real. And this so called investigation regarding the hanging? Shouldn't that have been done when it happened?
April 4, 2008
10:03 a.m.
Suggest removal
BroncoRick69 writes:
What 2 deputies spoke out? And what did they say?
April 4, 2008
10:46 a.m.
Suggest removal
ladida writes:
Hernandez...grow a pair & deal with it...
Rogers...keep your hands to yourself.
Problems solved.
April 4, 2008
11:21 a.m.
Suggest removal
ahem writes:
I posted this on the page where the News published Mr. Hernandez's e-mail. I am crossposting it here.
I seriously question the ethics of the Rocky Mountain News in how they have handled this story. This should have been a one-day, minor story reporting on a personnel matter in the Sheriff's department.
Why the prurient follow-up, complete with juicy words like "butt-slap" and the bigmoney word that guarantees web clicks: porn? The News is obviously trying to goose online participation with this story, exaggerating its scant lurid detail.
Mr. Hernandez was assaulted. He's not the one who should be ashamed or have to explain himself. Why is the News focusing on him? Rogers is the one who was found to be in the wrong by the department. Where's the juicy expose on him, News?
Further, Mr. Hernandez's e-mail message reveals personal details. Did he know that the News would publish it? Would the News publish a personal e-mail from any other person who had been assaulted?
How does it serve the legitimate public interest to hang Mr. Hernandez's laundry on the News website for everyone to gawk at? How is the public served by the News giving members of the Sheriff's department (presumably) a forum to further insult Mr. Hernandez while hiding behind anonymous comments?
It doesn't serve the public interest at all. Rather, it's all about page views and web stats. The way to boost web traffic is to exploit the victim of an unfortunate, personal and embarrassing assault.
People like Mr. Hernandez apparently trust reporters and editors to exercise good news judgment. Somehow they expect journalists to have an ability to discern the difference between the public's right to know and personal details that serve no public purpose and therefore ought to be kept private. The News' only purpose here, it seems, is to facilitate further public humiliation and ridicule of Mr. Hernandez.
Mr. Hernandez was foolish to send his e-mail and to candidly disclose his personal thoughts to the News. He made the mistake of thinking he was talking to a reputable news organization.
April 4, 2008
12:29 p.m.
Suggest removal
redwhiteandBLUE writes:
Sounds like petty sixth grade horseplay, at the work place.
April 4, 2008
1:25 p.m.
Suggest removal
WestVirginiaHarleyLady writes:
Sounds like a whole lotta butt slappin' goin' on . . .
Elvis
April 4, 2008
1:33 p.m.
Suggest removal
davies writes:
ahem: Well said; I agree. I also note the reporter's choice of words such as "crybaby" and "snitching on" in the original article. Not terribly professional, but like you say it was probably intended to bring out the mocking comments.
Attorney Cole: No "disrespect" intended, but please try to "limit" your use of "quotation marks". They are NOT intended to simply add emphasis to certain words. Quotation marks are supposed to show when you are repeating exactly something that someone else has already said. I would think that the correct use of quote marks would be pretty important in say, a legal document.
April 4, 2008
1:47 p.m.
Suggest removal
exwhitedeputy writes:
please give me a break. im a ex denver deputy who is white. i got investigated by a hispanic sergeant from the departments I.A. dept. this sergeant regularly beat inmates when he was a deputy. i was approved for termenation by the under sherrif who ran a pyramid scam when he was a captain and should have been fired. the best part is that a black man who happens to be the manager of saftey told me to my face that he was getting rid of me to set an example to the rest of the denver sheriffs. i have so had my fill of you whinning minorites.
April 4, 2008
2:02 p.m.
Suggest removal
Acemon writes:
Bullies should never be tolerated, nor should liars, which is pretty much what the judge called Bobby Rogers. We give cops a wide latitude in court and expect them to behave themselves and act professionally. Any cop who is found to have lied or been "untruthful" should be dismissed and blocked from serving in law enforcement again.
April 4, 2008
2:13 p.m.
Suggest removal
exwhitedeputy writes:
acemon are you someone in law enforcement
April 4, 2008
2:33 p.m.
Suggest removal
davies writes:
Hey exwhitedeputy: Maybe you are an innocent and righteous man. But let me point out that in your post you never even claim innocence:
"i got investigated by a hispanic sergeant from the departments I.A. dept. this sergeant regularly beat inmates when he was a deputy." - OK, but you don't say you were innocent, you just find fault with the investigator. Were you innocent? What's the problem with just being investigated? It's the outcome of the investigation that matters.
"i was approved for termenation by the under sherrif who ran a pyramid scam when he was a captain and should have been fired." - OK, but again you don't even claim to be innocent, only that the captain was guilty of something too.
"the best part is that a black man who happens to be the manager of saftey told me to my face that he was getting rid of me to set an example to the rest of the denver sheriffs." - OK, but were you fired unfairly, or did they want to make an example of you because they wanted to discourage whatever wrongdoing you were guilty of?
Your post sounds like you were guilty, but you think: "So what? Other people did wrong stuff too."
April 4, 2008
2:51 p.m.
Suggest removal
exwhitedeputy writes:
i was termenated for spending per dium money from an extradition that i was on. i went to dinner that night and they said i was off duty. the manager of saftey said he wants to clean up the sheriffs dept, but he is smart enough not to mess with DPD.
April 4, 2008
3:15 p.m.
Suggest removal
commonsense07 writes:
Uh......am I the only on that caught this? I had to register for this forum to point out the complete contradiction of the 'defendants' values.
As written: "It wasn't the kind of smack on the butt that replaces a high five (that) you give your teammate during a baseball game," said Hernandez, a married father of three. "It reminded me of a porn movie."
Why is he watching porn if he is married w/3 kids and has such 'strong values' as to be offended by getting smacked on the butt. This is exactly what is wrong with our society...quit these double standards. If you watch porn instead of sleeping with your wife but then get offended by a butt slap...that is just ridiculous.
Oh.....and quick question.....when I registered for this forum it asked for my 'sex' and my options included 'other'. Uh.....what am I missing? You were born either Man or Woman....and if you can't remember or are so confused you need 'other'....I'm afraid for our society lol!!
April 4, 2008
3:28 p.m.
snowsurfer writes:
(This comment was removed by the site staff.)
April 4, 2008
3:31 p.m.
Suggest removal
exwhitedeputy writes:
makes me wish i was black so i could blame all my problems on white people
April 4, 2008
6:16 p.m.
Suggest removal
mandzoco writes:
Hey "exwhitedeputy" I find it extremely difficult that you were "
termenated for spending per dium money from an extradition that i was on. i went to dinner that night and they said i was off duty."
The department heads didn't want you to eat, then what the *&^! was the per diem money for? Usually when operating on a per diem expense, meals are covered less alcohol and other specific items. So, try it again what was the real reason you were terminated fromn your position? Did you provide the receipts for your meals, travel, etc. Did you fabricate anything, spend money on anything you knowningly shouldn't have? As you said, "the manager of saftey said he wants to clean up the sheriffs dept,.." and perhaps he did the right thing by starting with you, since you can't even tell the truth here.
April 4, 2008
7:52 p.m.
Suggest removal
mrpoizun writes:
All you guys who are defending the guy who slapped another guy on the butt? Your feminine side is showing.
April 4, 2008
9:32 p.m.
Suggest removal
DocSamson writes:
I think it would've been a "porno slap" only if he squeezed his butt after the slap...What does a "porno slap" look like? Interesting...
April 4, 2008
11:47 p.m.
Suggest removal
GWBushwacked writes:
Maybe the same guy who spanked the boys and the guy who spanked the other officer ought to have a spank-off.
April 5, 2008
10:48 a.m.
Suggest removal
exwhitedeputy writes:
oh mandzoco are u here