Another excerpt from the story posted by former deputy Floyd Capistrant, who is now living in Grand Junction awaiting hip surgery — finally? — for his February 6, 2019 injuries sustained while working for the Archuleta County Sheriff’s Office.
I am still in a lot of pain and unable to work because I will be needing hip surgery from this incident. Turns out that being patient and forgiving can cost you your career, and your ability to continue serving and protecting.
During this already stressful life journey and situation I asked my former employer if I could be issued a medical retirement card which allows me to continue to carry my handgun concealed for protection of myself and family.
In case you were wondering, after 20 years of police work, the sidearm becomes a part of you, like a wallet or sunglasses, yadda, yadda, yadda…..
Since I have become “Disabled” I have applied for the Public Safety Officers Benefits (PSOB) it’s been a year now and haven’t even got an update other than my case is under review, I have been in contact with FOP (fraternal Order of Police), Colorado P.O.S.T. Social Security administration and other places for help and each path I take ends in a roadblock with a “Do Not Enter” sign posted.
When Sheriff Richie Valdez heard deputy Capistrant’s appeal, in June 2019, he invited Floyd to submit a letter of resignation — instead of having his employment ‘terminated’ by the Sheriff. Floyd was advised by an attorney, not to submit the letter. From an email sent to me this week:
I believe [the attorney] was hoping if I were fired I could collect unemployment, but to my disadvantage I didn’t know that if you were on Workers Comp, you no longer qualify for unemployment, so double screwed.
Following the hearing, Floyd’s termination was confirmed by Sheriff Valdez. As noted yesterday in Part Two, the original termination letter from Undersheriff Derek Woodman had indicated that Floyd had been terminated due to his disability. No mention was made, in that June 5, 2019 letter, to any job performance issues.
Five months later, a letter from Archuleta County Attorney Todd Weaver told a different story.
Deputy Capistrant had appealed to Sheriff Valdez for a change to his status — “retired” rather than “terminated” — which would provide eligibility for a “retirement concealed carry permit”. In the response, County Attorney Weaver wrote, in part:
Your termination with the Archuleta County Sheriff’s Office (“ACSO”) was related to your job performance and not to any injury. Accordingly, you request to have your status changed to “retired due to medical injury” would be untruthful. Furthermore, since you did not retire from the ACSO, you are not eligible for a retirement concealed carry permit.
Some closing comments from former Deputy Floyd Capistrant:
I am still trying to figure out which part of being injured in the line of duty was performance based.
Even though I am going through this, I still keep a smile on my face because of who I am. I have faced many challenges in my life and have beaten the odds most of the time, even if they’re small wins, it’s still a win. I wake up and I am humbled and thankful for what I do have, because it’s worth more than any amount of money.
My story isn’t about money or getting my retirement card, this is about being lied to, and the lies that continue, when facts are facts.
I was served my last piece of work related document which was my letter from my former employer. You will see within the borders of said letter the truth of what happened to me on June 5, 2019.
That letter, from Undersheriff Woodman, was shared yesterday in Part Two.
Then when I had asked my former employer for a retirement card, instead of responding back to me, he lied to the county attorney, who in response wrote the second “Official” document which I still have not received a reply from as to the original letter I was given.
I wasn’t terminated for performance issues, I was terminated for being injured on the job. I was terminated for being the lucky guy in uniform who paid the price in personal injury for the community I served for 20 years. I was the lucky one who, instead of a citizen, was at the right place and right time and unknowingly sacrificed my career and way of life for constant pain and suffering for my community. I paid the price for my 20 years of service and what did I get in return? Nothing. Forgotten, ignored and lied to.
This is what my sacrifice to my community got me, reduced income, unable to work, and living in constant pain. And after 20 years of service to my community, I find my employer has decided to take the path of dishonor and try to ruin my good name with a lie.
Well, here it is, in black and white. I am not ashamed of letting the world see the truth.
There are always at least two sides to every story. The various documents from Archuleta County, shared by former Deputy Capistrant, hint at one side of this unfortunate tale.
Deputy Capistrant’s posted story tells part of the other side. Not an easy thing to do, in such an unpleasant situation.
As a friend suggested yesterday during a phone conversation, the support provided by our government ‘safety net’ is often pitifully inadequate. The safety net often appears, in reality, to be serving the employer rather than the injured or terminated employee, because it provides the employer with a ‘credible’ excuse for leaving the employee hung out to dry.