The Deschutes County District Attorney dropped criminal charges against a Bend police officer Wednesday, after prosecutors decided a police whistleblower was unfit to testify.
Officer Kevin Uballez has been on paid leave since June 6, 2021, when two fellow officers reported concerns about his use of force during the arrest of an intoxicated man on the west side of Bend.
Prosecutors sought misdemeanor charges in October 2022, accusing Uballez of shoving the victim, Caleb Hamlin, into the pavement, injuring Hamlin’s face. Uballez pleaded not guilty to one count of fourth degree assault and one count of harassment.
Neither Uballez nor his attorney immediately responded to requests for comment. The Bend Police Department could not immediately provide Uballez’ salary because of the holidays, spokesperson Sheila Miller said. State records show Uballez joined the department in 2014.
Deschutes DA Steve Gunnels moved to have both charges against Uballez dismissed this week.
“I determined there was not sufficient evidence to prove his guilt beyond a reasonable doubt,” Gunnels said in a phone call.
The tarnished reputation of a key witness was “a critical factor,” he said.
The witness, Peter Enna, was one of the two fellow officers who reported Uballez to police supervisors. In the spring of 2022, Enna resigned from the department amid accusations he mishandled an unrelated arrest, as the Bulletin reported. As a result of the controversy, the District Attorney’s office added Enna to the prosecutor’s “Brady list,” a registry of law enforcement officers who aren’t allowed to testify because of incidents involving dishonesty.
Gunnels said the other witness, Bend Police Officer Martin Tabaco, had concerns about the use of force, but did not conclude what he saw was a crime.
In court records, Gunnels laid out more reasons the criminal case fell apart: None of the officers who witnessed the incident were wearing body cameras; Hamlin was “in a drunken stupor,” without a clear memory of events; and prosecutors found he had already been “badly beaten” by a group of teenagers who left him in the middle of the road before Officer Uballez arrived at the scene.
Hamlin filed a federal suit against the city of Bend and Uballez in June, seeking $1.44 million in damages. Attorneys working on the case have until March 2024 to discover evidence.
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