He'd be charged with inciting violence, a charge later dropped by the prosecutor, and disorderly conduct, of which he was found not guilty at trial in 2002 -- witnesses' memory, mostly Cleveland cops, became faulty when it was time to testify. He was then commissioned as a Cleveland police officer, with back pay. (The city of Cleveland has not yet responded to a public records request for Torres' secondary employment records. Torres responded to a set of questions via Facebook message from Scene with a thumbs-up icon.)
Mendez started five years of probation when he returned home from prison in the 2009. By October 2011, however, his lawyer, Edward LaRue (the same lawyer who represented Torres after his 2001 arrest), filed a motion to terminate his supervised release. Mendez had had enough of the drug tests and checkups. He had completed his 63-month prison sentence and a 500-hour drug program. He hadn't failed a test since release and had been employed full time at "Strugga, Inc." (actually spelled "Struga, Inc." in legal documents; the company was an umbrella for a variety of clubs and restaurants in Northeast Ohio), the motion stated.
Included in the court filings were three character references -- letters lobbying judge Nugent to release Mendez from probation.
The first was from his fiancé's mother. She called him a "polite and hard-working man with integrity," who "was honest about his past experiences. He continues to work hard at being successful and prosperous and has taken good care of our daughter financially and otherwise. His character has always been forthright and sincere and the plans for his future that he has shared with us are honorable and promising."
The other two references came from the Cleveland police department.
Captain Dan DePiero was a colleague of Torres' in the fifth district. He's also an attorney, and he's also represented Torres in recent civil litigation. (Around 2013, Torres wanted to open a nightclub on Memphis Ave, and he paid the owner of a building $80,000; when the deal didn't go through, the building owner agreed to pay Torres back in installments, with interest. When he missed a payment last summer, DePiero, on behalf of Torres, filed suit.)
DePiero had known Mendez since he was released from his second stint in prison and vouched for him. (DePiero hung up the phone when Scene sought comment for this story.)
His September 12, 2011 letter to the judge read:
Dear Judge Nugent:
I have known Gilbert Mendez for the last two years. During this time, Gilbert has led a law abiding life, established a relationship with his daughter, is a good father, and has held steady employment.
Sincerely,
Dan R. DePiero
Cleveland Police Captain
The third letter came from Cleveland narcotics detective George Redding, who said he first met Mendez a decade prior when he was on post-prison supervised release following his first federal cocaine conviction. (Redding did not return calls seeking comment for this story.)
Honorable Donald Nugent:
This is a character and personal reference letter for Gilbert Mendez; He is on probation to you and would like his probation to be terminated. I have been acquainted with Gil since about 2001 or so. We met when I was a patrol officer while he was waiting to pay his debt to society. Gil has been a positive and law abiding family guy since I've known him and since he's returned. He has been gainfully employed and I have not observed or have any knowledge of things being any different.
Since becoming a detective, I do a lot of undercover work and have observed Gilbert Mendez's actions on several occasions. And I have not seen anything that would indicate anything different than above.
Respectfully
Det/ George Redding #2327
The motion to terminate Mendez's probation was denied by Judge Nugent.
A public records request for secondary employment records for DePiero and Redding has not been answered by the city of Cleveland as of press time.
Two sources tell Scene more than one Cleveland police officer was notified by the FBI via letter that they were picked up on the wire of Mendez's phone. Department of Justice spokesman Mike Tobin declined to comment. Messages seeking comment from the city of Cleveland were not returned.
