Coral Gables Historical Archive
The Times
Saturday, May 15, 1976, page 8 (of 26)
The page
The text of this pageRead by computer from the scan, so some words may be wrong. The page picture is the original.
Gainer cites lack of strong evidence action
From Page 1 fice, which Thomas headed at the time of the alleged incident, was closed shortly afterwards in a move Gainer said had been planned anyway. Thomas was shifted to the Building Department on a series of 30-day extensions, as Gainer awaited a decision from the State Attorney. Thomas became acting head of the building department when Director R. B. Marshall was on an extended vacation. He is now Marshall's assistant. Asked if any of Thomas' job changes constituted punishment for the alleged sexual misconduct, Gainer said, "No, I don't think so. He did take a pay cut of over $4,500 a year from the job change. And now he is here in City Hall instead of being in the bus station. Here he can be supervised, watched. "I felt like I was not in the best position in the world to take punitive action, in that nothing had been proven," Gainer said. The allegation against Thomas came last May with further allegations that a Coral Gables bus driver, Edil Rivera, had engaged in sexual activity with the same juvenile. Dwight Small, then personnel director for the city, was discharged from his job after a conversation with Gainer concerning the charges against Thomas during which Small's own conduct was discussed. Small has taken court action to challenge his dismissal, which was upheld by the city's Trial Board. A court decision on his reinstatement is expected next week. Rivera, who may have been an overlooked but pivotal character in the original allegations, is now a Metro bus driver. The State Attorney's office has charged him with "contributing to the delinquency of a minor." He failed to appear for a November arraignment and a bench warrant on the charge is currently pending. There is even some question that notification of the charge ever reached him. Lewis, who filed the misdemeanor charge, listed Rivera's address as 68 W. Flagler. But Metro Transportation's personnel department has his address noted as 680 W. Flagler. Bench warrants, unless they involve major crimes, are admittedly not actively pursued. With limited police personnel tracking down murders, arsonists and rapists, a charge of contributing to the delinquency of a minor does not take a high priority. Kimbrough said the Coral Gables police actively pursue bench warrants but are only responsible for those issued by the city's municipal court. The Dade County Sheriff's office handles county court warrants. Information filed against Rivera states that on May 8, 1975, he "did unlawfully conduct certain acts with (a minor female) to to make her become or to encourage her to remain a delinquent." Rivera works the morning shift as a Metro bus driver and gets his route assignments from the "extra" board where routes are posted when regular drivers are absent. A transit agency source said, "Rivera is a good worker. He's young and very conscientious. We never had any complaints about him. He's a nice guy." The girl (whose identity has been protected by Sgt. Raimondo and by Chief Kimbrough) is now being counseled by Gables Youth Resource officers. Raimondo said the girl's mother died of cancer about a year before the alleged incidents with Thomas and Rivera and that the girl had then become involved in drugs and sexual activities.
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