Balenger no longer member of sheriff's office

SUPERIOR – Mineral County Sheriff’s Deputy Jim Balenger is no longer a member of the force at the Mineral County Sheriff’s Office.

Balenger was involved in a controversial investigation to determine whether he used excessive force with a prisoner at the Mineral County Jail.

The investigation was related to an incident on Sept. 20, 2012, where Balenger hit and tazed then inmate D.J. Bass. Balenger and Deputy Tony Lapinski removed Bass from his cell after an outburst to put him into a restraining chair in the booking room. Bass allegedly began struggling as he was locked in, prompting Lapinski to put him in a headlock. Balenger struck Bass before removing his taser and using it on the inmate.

On Oct. 3, 2012, Balenger was placed on administrative leave while the investigation into the incident took place. During the investigation, Balenger claimed Bass was agitated and attempted to head butt the deputies. He felt the level of force was necessary given the situation.

After the Department of Criminal Investigation completed their review in 2013, it was determined Balenger was guilty of using excessive force. They left the matter of his punishment up to MCSO.

The Mineral County Commissioners and County Attorney Marcia Boris felt the incident was grounds for termination. Sheriff Ernie Ornelas disagreed and reinstated Balenger to the force. Boris and the commissioners felt this was a mistake as it meant any trial where Balenger was a witness could be compromised.

Because there would be a record of his history of excessive force, Balenger would qualify under Brady Disclosures. Brady Disclosures require any evidence in possession of the prosecution, which may help the defendant’s case, be brought forward. This would include an officer’s reprimand history. As a result, Balenger’s credibility as a witness could be thrown into doubt.

In Sept. 2013, Ornelas held a press conference to defend Balenger’s actions and his decision to keep the deputy on the force. Ornelas said Bass had exhibited a great deal of strength and it was entirely within the realm of believability for the former inmate to pose a threat to the deputies.

The sheriff felt Balenger was justified in his actions and to fire him would put an unnecessary tax on a force already stretched thin.