Hays County corrections officer arrested following sexual misconduct investigation: sheriff

HAYS COUNTY, Texas - A Hays County corrections officer has been arrested following an investigation into allegations of sexual misconduct with an inmate, says the sheriff's office.

45-year-old John Duran has been charged with:

• Official oppression, Class A misdemeanor
• Tampering with a governmental record, state jail felony

Timeline:

The arrest stems from an April 4 report by an inmate who told a Hays County corrections supervisor that she had been a victim of sexual misconduct by Duran.

An internal investigation began and the sheriff's office says that steps were taken to ensure Duran no longer had contact with any female inmates, including the one who came forward.

HCSO says that at the onset of that internal investigation, it was determined that alleged actions by Duran could potentially be criminal, so the administrative investigation was suspended and the Hays County Criminal Investigations Division took over.

The findings of that criminal investigation were discussed with the district attorney's office, which then prompted probable cause affidavits and arrest warrants.

Duran was arrested on April 24 and taken to the Hays County Jail.

Duran has been employed with the Hays County Sheriff's Office since July 2022 and had not previously been the subject of any internal investigation, says HCSO.

What they're saying:

Sheriff Anthony Hipolito stated in a release:

"We hold our personnel to the highest standards, and any violation of that duty will be met with swift accountability to ensure the safety and dignity of those in our care. While I take pride in the work the men and women of the Hays County Sheriff’s Office do every day, the actions of this corrections officer betray the trust placed in him by the public, those he works with and undermine the integrity of our agency."'

Sheriff Hipolito provided more context to the investigation and allegations against Duran in a press conference on Friday, April 25.

Hipolito said that to his knowledge at the time of the press conference, there had not been any physical contact between the female inmate and Duran. 

"But whether our corrections officer encouraged or coerced or talked her into doing anything sexually, it doesn't matter whether he touched her or not," Hipolito stated. "He used the power of his position, the badge, the patch, the full uniform, the handcuffs, either to encourage or coerce this victim to do things sexually and very inappropriate."

Hipolito did share one interaction Duran had with the inmate, saying that he woke her up after everyone went to bed and encouraged her to get in the shower. At that point, he then used the cameras above the shower to watch her.

"Whether she agreed to it or not, it doesn't matter. Again, he used his power and his position to get her in that position. I don't care if she agreed to it or not. It's just unacceptable and will not be tolerated at this agency," Hipolito said.

With regard to the tampering with a governmental record, Hipolito revealed that when Duran initially applied to to work at the Hays County Jail, he had incorrectly answered a question on his sworn application.

"One of the questions on the application was essentially, have you ever been involved in an internal investigation by one of your…employers. He essentially, on that affidavit, on the application, said he had not," said Hipolito. "Throughout this investigation, we have done some more digging and we have learned that he had indeed been under three or four different investigations when he was an employee of the state of Texas."

Hipolito also shed some light on those previous investigations, saying they happened during Duran's employment with the Texas Department of Criminal Justice and included allegations of trading contraband, having an inmate cut his hair and giving false statements. 

Duran resigned while under investigation, according to Hipolito.

Dig deeper:

Hipolito stated during the press conference that this incident has prompted the sheriff's office to review the applications from its current staff.

"It looks like the background that was done at that time wasn't sufficient, right? So that leads to obviously several other questions. And that's why as an executive team, we're gonna go back and over time look at the employees that are employed here and do a deep dive to ensure that this never happens again. It's not acceptable," Hipolito said.

However, Hipolito said that this is believed to be a very isolated incident and that, so far, the current investigation points to no one other than Duran.

What's next:

Duran is still in the Hays County Jail as of Friday morning.

Duran has been placed on administrative leave and the internal investigation has resumed. 

The sheriff's office says the findings of that investigation will be released when the investigation is over, which Hipolito said should be done in the next two to three weeks.

Hipolito says that if the internal investigation finds evidence that Duran is culpable, he will likely face termination.

Crime and Public SafetyHays County