A former San Marcos police officer facing a civil lawsuit for his role in a deadly 2020 traffic collisionis petitioning to gethis job backamonth after he was fired from the force.
Ryan Hartman, who was a sergeant, was fired in January for what San Marcos City Manager Bert Lumbreras described "as the result of sustained misconduct related to dereliction of duty and insubordination.”
Hartman, who had been aSan Marcos police officer since 2007, had caused a fatal collisionin Lockhart while off-duty in June 2020, Caldwell County authorities have said. Crash survivor Pam Watts, whose partner Jennifer Miller was killed in the wreck,had been calling for Hartman'souster from the department.
A grand jury in 2020 declined to indict Hartman on any charges related to the crash, and he remained on the force for more than a year until his firing last month.
An internal police investigation determined thathis dismissal was not related to the June 2020 crash.
More:San Marcos police officer involved in deadly Lockhart collision in 2020 loses job
Hartman filed an appeal earlier this month requesting an arbitrator set aside his indefinite suspension and reinstate himwith back pay and benefits.
The San Marcos City Council last week hired attorney Julia Gannawaywith the law firm of Ross Gannaway LLC to represent the city in the case.
Hartman is being represented by the Combined Law Enforcement Associations of Texas, a statewide law enforcement union. A spokesperson with the group declined to comment on the case because it is ongoing.
San Marcos city officials also declined to comment further on the case.
The fatal crash
According to Caldwell County authorities, Hartman was driving through the intersection of Texas 130 and Maple Street in Lockhart on June 10, 2020, when he failed to brake at the stop sign and struck avehicle carryingWatts andMiller.
Miller was killed and Watts was severely injured, suffering multiple broken bones, cuts and bruises. Watts said she also later suffered from post-traumatic stress disorder.
Hartman was off duty that day and driving his personal Ford F-250 pickup. Authoritieslater discovered an open container of beer and beer salts inside Hartman’s vehicle, prompting suspicions that he might have beendriving while intoxicated. Authoritiescharged him withcriminally negligent homicide.
More:Survivor of crash with off-duty officer seeks justice, pleads for new grand jury in partner's death
Police said Hartman did not appear to be visibly drunk or smell of alcohol, but when they asked him to perform a field sobriety test, he declined to do so.
According to a report written by Lockhart police Lt. Daniel Williams on the day of the crash, Hartmansaid, “I caused the death of somebody by me not paying attention,” andthenhedeniedthe sobriety test request.
A search warrant for his blood was granted three hours after the crash.The toxicologyreport showed that Hartman did not have any alcohol in his system.
Months later, aCaldwell County grand jury declined to move forward with a criminal prosecution. Instead, Hartman was ticketed for running a stop sign andplaced on paid administrative leavefor several months.
‘Gross misconduct’
Hartman returned to duty in late 2020, and hadworked in San Marcos until January without any reprimand.
According to the results of an internal investigation –obtained through an open records request and shared with the American-Statesman – Hartman was fired because he failed to perform his duties as a sergeant.
The investigation, which was performed by San Marcos police Cmdr. Lee Leonard, found instances when Hartman failed to complete paperwork.
On Dec, 7, 2019, Hartman responded to a single-vehicle fatal crash that required a next of kin notification. He performed that duty the same night. All the crash needed was a narrative from Hartman. The paperwork was not completed until June 21, 2021, more than 18 monthsafter the crash, the investigation states.
More:'My world ended that day': Woman sues after San Marcos cop who ran stop sign in deadly crash stays on force
Hartman on March 12, 2021, alsofailed to complete supplemental paperwork for a homicideinvestigation that took place that day. According to Leonard's investigation, the lack of urgency delayed the case from being filed with the district attorney’s office. Hartmanwas reminded via email in August and again in September to complete the paperwork, and heapologized for the delay, saying it would be completed at the end of that shift. But it was not until Oct. 11, 2021, almost seven months after the homicide,that the paperwork was completed.
Leonard'sinvestigation found in both instances that Hartman had whathe needed to file the paperwork and the slowdown was not because he was waiting on evidence.
“It should be noted that this case, which involved a public safety matter of the highest importance (murder), was directly delayed by Hartman for one month and 25 days, which was the date that Detective Davidson said he was ready to file it and only needed Hartman’s supplement,” the investigation states. “In its research of other homicides, the Department cannot find a similar instance of such gross misconduct.”
The appeal
San Marcos City Attorney Michael Cosentino said in a City Council meeting last week that, under the local government code, a policeofficer who has been given indefinite suspensioncanappeal that punishment to an independent third party.
Cosentino said the next step is a hearing, which has not been set, and witnesses will be called.
An arbitrator, he said, will make the ultimate decision on whether to reinstate Hartman with back pay and benefits.
In the meantime, the city could also consider adjusting the local code on fired police officers,Council Member Maxfield Baker said.
“In this dialogue I think we should consider removing statutes like this that protectbad police officers and those unfit for duty,” he said, “and make sure in the code that these appeals that do go to hearingsdo not include other police officers as witnesses.”
