Posted at: 11/08/2012 5:25 PM
Updated at: 11/08/2012 5:31 PM
By: Stuart Dyson, KOB Eyewitness News 4
No cover up - that's what State Police Chief Robert Shilling says about the case of a state cop who admitted he had sex with a woman he arrested.
It's a weird twist on the old 'he said - she said' scenario.
Robert Holguin resigned from the force after admitting he had sex with the woman in his patrol car after he arrested her for outstanding warrants.
He later took her to jail. Shilling said State Police did an internal investigation, but ran into a problem.
"We had an employee who made an admission of a possible criminal offense," Shilling said. "But we didn't have a victim, because the alleged victim was adamantly against anything the officer said - that in fact it did not happen."
Without a victim, State Police dropped the case.
Holguin did lose his badge and is barred from working as a police officer anywhere in the state.
But Shilling admits the case should have gone to the local District Attorney in Deming, where this drama took place.
He said he will most likely submit a report to see what prosecutors think about the case.