June 2020 Blues Issue Vol 36 No 6

Cops worry if virus kills
them, families won’t get
death benefits
Members of the state’s largest
police union are asking
Gov. Greg Abbot to ensure
officers who die of coronavirus
complications will be
eligible for line of duty death
benefits
Charly Wilkison, executive director of CLEAT,, said his group has received dozens
of letters asking lawmakers to write or sign letters pressing the governor to do
more to ensure officers who die from COVID19 get line of duty death benefits
duty while performing a law enforcement
function such as a foot
pursuit, many departments deemed
it a work-related death. Under the
new law, however, it is presumed
that the heart attack was connected
to an officer’s job, allowing the
family to qualify for line of duty
death benefits.
When the pandemic reached Texas
in March, Abbott’s office issued
a statement saying that he had
“waived certain statutory provisions
to ensure public safety employees
who contract COVID-19 during the
course of their employment will be
reimbursed for reasonable medical
expenses related to their treatment
of COVID-19.”
“These brave men and women are
on the front lines and risking potential
exposure to keep our communities
safe,” Abbott said.
Since then, CLEAT and others have
stressed to Abbott that they believe
his order fell short.
“We aren’t quite sure the governor
has gone far enough, but we will
certainly fight this fight when and
if it comes,” said Kevin Lawrence,
executive director of the Texas
Timothy De La Fuente passed away
April 30, 2020 and was possible the
first law enforcement officer in the
U.S. to die from COVID 19
Municipal Police Association, which
represents 29,000 first responders.
Wilkison said he doesn’t know
why Abbott has appeared resistant
but wonders if he is concerned
about increasing financial liability
to the state.
The issue is of particular concern
because early in the pandemic,
many law enforcement officers
did not have access to adequate
personal protective equipment,
Wilkison said. Others were told by
supervisors not to wear it because
“it would scare people.”
“If you are not going to be prepared
for the pandemic — and you
weren’t — and if you are not going
to have proper equipment to protect
your first responders — and
you didn’t — then let’s at least be
presumptive,” Wilkison said.
He said his organization would
not be so insistent had it not wrestled
with the state over death benefit
payments in years past.
“Words and guarantees and
promises are one thing, but the
marriage license matters. And so, in
this case, we want it on a piece of
paper, Governor,” Wilkison said.
Salazar said he considers De La
Fuente’s death a loss in the line of
duty and hopes the state will quickly
process benefits to his family
without resistance.
“I’m going to assume, and I’m
going to continue to assume, that
he contracted this virus at work,” he
said.
Tony Plohetski
Austin-American Statesman
AUSTIN, Texas — Bexar County
Sheriff Javier Salazar will always $500,000 in line-of-duty death The organization has gotten dozens
remember the cheerful deputy who benefits for fallen officers.
of lawmakers to write or sign letters
went out of his way to greet him. “All first responders — they can’t pressing the governor to do so.
Timothy De La Fuente had been stay home,” said Charley Wilkison, “I pray that no first responder will
a sheriff’s employee for 27 years, executive director of the Combined die in Texas due to COVID-19, but
working most recently at the county Law Enforcement Associations of if they do, they should receive full
jail, the site of a COVID-19 outbreak Texas. “They can’t shelter in place. honors and benefits, as any other line
in April.
They have to go out.”
of duty death,” Sen. Eddie Lucio Jr.,
“If I would walk through, he Wilkison said based on information
D-Brownsville, wrote to Abbott on
would stop what he would be doing
he has received, nine Texas law April 23.
and run over to me and shake my enforcement officers have died in “An executive order will bring swift
hand,” Salazar said. “Just a great the pandemic. De La Fuente was the clarification and provide our first responders
guy.”
only CLEAT member.
with much-needed protec-
On April 30, De La Fuente became John Wittman, an Abbott spokesman,
tion in the event they are diagnosed
what is thought to be one of the
said, “A police officer who with COVID-19,” Rep. Drew Darby,
first law enforcement officers to die contracts COVID-19 on the job R-San Angelo, also wrote April 23.
of the virus in Texas. Given his long would be eligible for $500,000 in “It is critical that we ensure our first
hours and the dozens of inmates death benefits.”
responders are covered in regard to
diagnosed with the virus, Salazar But CLEAT and other law enforcement
line of duty deaths.”
and other supervisors are certain De
officials say they have been Wilkison said CLEAT will take the
La Fuente contracted COVID-19 on asking since the outbreak for Abbott issue to lawmakers in the spring Legislative
the job.
to sign an order that would make
session if necessary.
Now they have joined the state’s clearer that if an officer becomes ill Last year, the organization persuaded
largest police union and others in with the virus, it is “presumed” he
lawmakers to pass a law
a concern that Gov. Greg Abbott or she got it at work unless other that extends line of duty benefits to
hasn’t done enough to ensure that information exists, such as international
officers who suffer heart attacks.
De La Fuente’s family will receive
travel.
In the past, if an officer died on
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