Ex-APD officer gets probation for DWI

WILLIAMSON COUNTY, Texas (KXAN) - Former Austin Police Department Officer Leonardo Quintana got probation for a year and a $400 fine for his January 2010 DWI.

The sentencing began at 1:30 p.m. Monday, and in addition to the $400 fine, Quintana will have to pay court costs.

Quintana pleaded guilty on the first day of his Jan. 31 trial to driving while intoxicated, a charge that stemmed from his DWI arrest in Leander.

The Jan. 31 trial was pushed back, due to scheduling conflicts, nearly two months from its original date --  Nov. 29.

Since his DWI arrest on Jan. 11, 2010,  Quintana has been fired twice from the Austin Police Department. He got his job back the first time only to get fired again six days later.

Quintana's attorney, Jamie Balagia, said that APD Police Chief Art Acevedo should shoulder some of the blame for Quintana's DWI.

Balagia said Quintana allegedly told the chief he was struggling with a drinking problem following the fallout from the Nathaniel Sanders shooting. Balagia said Quintana has not taken a drink since his DWI arrest and sought private help.

Meanwhile, prosecutors were pleased with the plea.

Leander police arrested Quintana on Nov. 9, 2010 on four misdemeanor charges in connection with alleged assaults in November 2008 and October 2009 on his then-fiancee, who is also an Austin police officer.

The charges -- regarding incidents that happened throughout a time span of less than a year -- include:

November 2008

• criminal mischief    
• assault - family violence

October 2009

• criminal trespass
• assault - family violence

After Quintana posted an $8,000 bond, part of his bail conditions in regard to that incident include he not drink any alcohol or own, have or buy any firearms. In addition to Quintana's arrest surrounding those incidents, there was also an emergency restraining order against him preventing any communicatio n or contact with his ex-fiancee.

Quintana is known for his role in the East Austin death of 18-year-old Nathaniel Sanders in an early morning incident in May 2009 -- though his first firing had little to do with that. The arbitrator reduced his first termination to a 15-day suspension after mediation hearings last year.

Quintana was initially fired in May 2010 in connection with the DWI arrest just four months previous but convinced a arbitrator that he shouldn't have lost his job. Six days later, he was fired again in connection with the October 2009 domestic incident involving his then-fiancee.

Balagia has said that the former police officer’s arrest was "nothing more than sour grapes by the Austin Police Department because of the recent arbitration decision that ordered the Department to reinstate Quintana to his position as an Austin Police officer."

Balagia also said "APD will stop at nothing in its vengeance to destroy officer Quintana's career. If Quintana is found guilty (or receives a deferred adjudication) for family violence assault he will be prohibited from possessing a firearm which would result in his inability to work as a police officer and APD could fire him. If Quintana is found guilty (or receives deferred adjudication) of any Misdemeanor crime he will lose his TCLEOSE Peace Officer License and the department could fire him."