EXCLUSIVE: Belmont officer charged with rape had 2017 domestic violence arrest, in US on work permit

BELMONT, Calif. (KGO) -- The I-Team has learned that the Belmont police officer arrested for rape last week had an arrest for domestic violence several years ago, before he became an officer.

That's raising questions about whether he should have been hired at the Belmont Police Department in the first place.

We have new information on his previous arrest and his immigration status. The I-Team confirmed Felipe Gomes is not a U.S. citizen but has a work permit, so he is allowed to serve as a police officer in this state under a recent law signed by Governor Gavin Newsom.

Just four months ago, Belmont Police Chief Ken Stenquist presented his new recruits, including 35-year-old Gomes.

"He was in the Brazilian Air Force and part of their Air Force Police," Chief Stenquist said. "He was a full-time police soldier and left that position when he moved to the United States. He enjoys practicing jiu jitsu and attending church when he's not working."

Last week, Redwood City police arrested Gomes at the Belmont police headquarters on penal code 261 (a) (1).

Before he hired Gomes, the I-Team has learned that Chief Stenquist received phone calls from the San Mateo County Sheriff's Office and East Palo Alto Police warning him that both agencies had rejected Gomes because of his domestic violence arrest in 2017.

Former San Francisco police commander tells the I-Team, "When a department head calls you and says something's wrong, take a closer look or don't hire someone, you should take a closer look."

MORE: SJPD officer arrested for series of alleged assaults on girlfriend, shooting hole through roof

Court records show that Gomes and his wife were on vacation from their home in Brazil at a Ramada Inn in Kissimmee, Florida.

The charging affidavit says they had been married a year when Gomes spotted texts on his wife's cell phone from an ex-boyfriend, and that he struck her repeatedly in the face and stomach. An officer wrote that he "observed a large bruise that covered most of (his wife's) left cheek and scratches to her right cheek."

The records say Gomes accused her of hitting and scratching him first, so the state attorney charged both of them with battery/domestic violence before dropping the charges a month later.

Belmont Chief Stenquist defended hiring Gomes, emailing I-Team's Dan Noyes, "Past law enforcement contact that does not result in charges are not disqualifying in of itself under policies or applicable law."

"In these special victim domestic violence cases, they're often, the charges are dropped," former SFPD Commander and head of recruitment Rich Corriea said. "They're dropped because the victims have a change of heart all number-- any number of reasons."

MORE: Mixed reactions felt on verdict in Antioch PD racist texts: 'We have a radicalized police force'

Corriea says the incident should be disqualifying, even though the case was dropped.

"You don't want someone who in a family setting, you know, violence is a place they can escalate to," he said. "You want just the opposite. You want natural de-escalators."

Law enforcement sources also say Gomes is not a U.S. citizen. SB 960 sponsored by former State Senator Nancy Skinner allows immigrants to be officers if they have a green card, visa or permanent residency. Gomes is here on a work permit.

"You must be a person who is legally authorized to work," Skinner told a hearing in March 2022. "So, you have that legal paperwork and then in California, if this bill passes, you would be able to be a sworn officer."

Governor Gavin Newsom signed the bill in September 2022.

Corriea says newly-arrived immigrants have lots to learn about our system of justice and civil rights.

"You better make sure that you have-- are hiring people that get the many nuances of the role of a police officer," he said. "There's no one else, as far as I know, in our entire society that carries a gun and has the authority to shoot you under certain circumstances."

Several other states have similar laws to California, but in many cases, local police departments still require an officer to be a U.S. citizen. Gomes has been fired.

The I-Team reached him here in the Bay Area and his wife in Brazil. Neither wanted to comment for this story. Redwood City Police are supposed to be sending the Gomes case to the San Mateo District Attorney's Office by Friday.