The Supreme Court of Texas ruled that the widow of a sheriff’s deputy who was killed driving his patrol car, though he was not on official duty at the time, was still eligible for survivor benefits.

Ruben Orozco worked as a sergeant with the El Paso County Sheriff’s Department. He was driving his patrol car in 2005 when a wheel that came loose from another vehicle traveling on the expressway crashed through his windshield.

Sgt. Orozco was issued his marked patrol car as a “take-home unit”, as he was assigned to the patrol division and was a leader on the department’s crisis negotiation team.

The day he was killed he was not scheduled to work for the sheriff’s department. He was working an extra-duty assignment at a University of Texas-El Paso football game, which required an approval from his department. According to the El Paso County Sheriff’s Policy Manual, extra-duty employment is a “secondary employment in which the actual or potential use of law enforcement powers is anticipated.” Employers who are working such events “must operate under all policies and procedures of the Department”.

A trial court ruled that he had been in the scope of his employment, but an appeals court determined he was traveling home after an extra-duty assignment with another employer and was not eligible for benefits. The Texas Supreme Court reversed that decision. Sgt. Orozco had followed all procedures in the county’s manual and had made himself available for any emergency calls after his extra-duty work. He had contacted dispatch after he completed his extra work, which he was required to do. The court ruled he had done everything necessary to put him within the scope of his work with the department, and his wife could collect benefits.

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