HAGÅTÑA (The Guam Daily Post) — A former Guam Police Department officer implicated in unsealed search warrants related to a federal drug investigation is appealing his termination at the Civil Service Commission, arguing that his dismissal was unfair and discriminatory and that he was not granted due process.
The CSC has scheduled a status call on the case for Wednesday.
Documents unsealed at the District Court of Guam late last year revealed that Brian Awa, at the time a police officer and K-9 handler, was under investigation in 2019 for allegedly distributing methamphetamine.
The Guam Daily Post files state an informant indicated to Homeland Security Investigations that they saw Awa, in May or June 2019, give 2 pounds of methamphetamine to a person named James Damaso at Awa’s residence in Dededo. A man named Jovan Bradbury was also present at the time. Bradbury would later confess to being a methamphetamine distributor for Awa, according to a search warrant.
Authorities subpoenaed Docomo Pacific for Awa’s phone records from all of 2019 and reportedly discovered hundreds of calls made between Awa and Damaso, as well as others. Other unsealed warrants indicated packages addressed to Awa were intercepted in the mail and were suspected to contain methamphetamine.
The Guam Police Department stated at the time the warrants surfaced that Awa had been on a leave of absence since 2017 and remained on leave. GPD also confirmed that it had initiated a criminal investigation.
Awa was terminated Feb. 17.
Causes cited for the termination included refusal or failure to perform prescribed duties and responsibilities and other misconduct not specified in the list of causes stated in the template for the termination document.
In its findings, GPD referenced a Dec. 13, 2023, news article regarding Awa that stated there are no public criminal cases against him despite the warrants and in which he claimed federal agents have not approached him for an interview.
“Awa contends that the accusations stem from a 2016 incident when he reported illegal activities within the Mandaña Drug Task Force, leading to threats and harassment. Awa passed drug tests and internal affairs investigations, receiving a letter of clearance. He suffered emotionally, took sick leave and was diagnosed with work-related (post-traumatic stress disorder),” GPD’s findings stated, referencing the news article.
GPD findings then went on to discuss the unsealed federal warrants, a criminal intelligence report and an interview with Awa.
The HSI Guam Field Office was the source of that criminal intelligence report, dated Jan. 19. According to GPD’s description of the report, an HSI informant alleged in 2018 that Awa was trafficking large quantities of methamphetamine, which was “later substantiated through further investigation.”
HSI agents reviewed messages between Awa and known drug offenders discussing the distribution, pricing, negotiations and usage of methamphetamine, as well as intercepted parcels from California destined for Awa or his mother’s residence, allegedly containing methamphetamine, GPD’s findings stated.
HSI agents attempted a controlled purchase of methamphetamine from Awa using an informant in May 2022, but the operation was unsuccessful, according to GPD.
That was the last enforcement action, but HSI agents noted past claims from informants alleging that Awa would pull over drug associates using his personal vehicle, sometimes in police uniform, to confiscate and steal drugs for personal gain, GPD’s findings stated.
“Through personal knowledge and encounters, investigators were able to substantiate that Awa was involved in the illegal trafficking of methamphetamine during the alleged time frame,” the findings added.
Awa allegedly violated several general orders at GPD due to becoming the focus of a federal drug investigation, according to the final adverse action.
During his interview with GPD, Awa reportedly indicated that he learned of the allegations against him from his niece and after reading an article from a local news organization last year. He wondered what the motive could be behind the allegations, suspecting it could be a form of revenge by people he had arrested, according to the findings.
“Awa mentioned being placed on administrative leave in 2016 based on an anonymous caller accusing him of reselling confiscated drugs. Awa indicated that he underwent various investigations, including drug tests and polygraph tests, and received a letter of clearance to return to work. Awa believes he faced unfair treatment, possibly affecting his promotion opportunities,” the GPD findings stated of Awa’s interview.
Awa would go on to question the sources of the allegations against him, GPD findings indicated.
He also stated that he did not feel GPD’s investigation was going to be fair because he felt Police Chief Stephen Ignacio wanted him out of the department, according to the GPD findings.
In a letter to Ignacio responding to a proposed adverse action against him, Awa stated that he understood the police chief may feel pressured to uphold allegations against him because the chief “made premature and inflammatory statements to the media” in response to a news report regarding the unsealed federal warrants.
“I understand how that media story could trigger a gut reaction. However, it was highly unprofessional and unfair to me. I implore you to correct course, and exercise the moral imperative and find that the sustaining of the allegations against me do not meet the necessary legal standard,” Awa stated.
He also refuted all allegations made against him. Regarding his alleged refusal or failure to perform prescribed duties, Awa stated that it is well documented he went on extended sick leave due to being diagnosed with depression, anxiety and PTSD, which he said was determined to be work-related.
The proposed adverse action included misuse or theft of government property as a cause for termination. This was removed in the final termination papers. Awa stated he could not determine what facts or evidence warranted that cause, noting that if it was based on 2016 allegations that he removed drugs from GPD property for his own use and sale, he had been investigated and cleared by GPD internal affairs.
In his letter appealing the final adverse action to the CSC, Awa stated that he was never charged or arrested for the allegations levied against him, and it wasn’t until a news article on the warrants surfaced that GPD decided to take “inappropriate” actions against him.
“This is Chief of Police Stephen Ignancio’s statement regarding after the media release before any kind of internal affairs investigation took place, ‘Brian Awa is not indicative of the men and women of the Guam Police Department. He is someone that we need to weed out and get out of our organization. He has no right to hold a badge and a gun and to say he is a Guam Police Department officer. He has no place in this organization,’” Awa wrote.
“This statement alone shows I have been treated differently, unfairly discriminated against and was never given due process and that the chief already made his decision or action against me prior to any due process,” Awa added in his appeal to the CSC.
The Guam Police Department seal is seen Wednesday, Feb. 28, 2024, at GPD headquarters in Tiyan.