MALAKOFF (CBS 11 NEWS) – Ernesto Fierro, an off-duty police officer from the Henderson County town of Malakoff may face criminal charges after being investigated for reckless driving in Navarro County.

Bill Livezey of Iowa died in December after calling 911, along with witnesses, claiming Fierro, who was riding his personal motorcycle, was trying to run Livezey off the road.

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Livezey eventually pulled over and by the time Sheriff’s Deputies arrived – he was handcuffed.

It’s unclear what led to the incident in the first place.

An autopsy CBS 11 News obtained shows the 70-year-old Livezey had a history of heart disease, but doesn’t mention if stress from the incident played a role in his death.

On Wednesday, we went to Malakoff to ask about Fierro, but Chief Billy Mitchell wouldn’t comment, and referred us to the city attorney.

When I called the city attorney, he wouldn’t tell me whether Fierro was suspended or fired, and wouldn’t explain what the department’s policy is regarding off duty officers and their conduct.

Records obtained by the CBS-11 I-Team show long before Malakoff, Fierro had trouble while an officer with the Dallas Police Department.

Records show he was fired in May 2001 for conduct discrediting the department.

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But he was re-instated in October of that year after appealing, and instead, was suspended for 20 days.

After that, he went to work as an investigator with the Dallas County DA’s office, before finally landing in Malakoff.

But when that department asked Dallas County if Fierro was eligible for re-hire, the county didn’t answer, but still rated him as an excellent and good employee.

Peter Schulte is a former police officer who’s now an attorney, and says this isn’t uncommon.  “It’s in the best interest of both parties to go and separate employment so they do it by mutual agreement. There’s usually some release associated with that. Now because of that, the information of why the separation occurred is limited.”

Follow Jack on Twitter: @cbs11jack

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