Disparage Treatment - What Reasoning Is Used In Making POST Reporting?

Sometimes officers do stupid things that turn into a huge mistake simply because they do not tell the truth when they screw up. There is a rule of law known as Brady material that requires an agency who has an officer who has lied to report that act to the district attorney’s office so that it can be made available to the defense in order to impeach the officer on the stand. It isn’t pretty when this happens. Lying can occur without thinking, spontaneous, or planed.  Command staff and internal investigators must determine if the action was an intention act that went to such a level that it caused severe discipline. 

 

In the previous blog I told you about disparage treatment at the Douglasville Police Department. Again before I left I was familiar with another case this one the officer lied and was fired. There is a twist to the case you will see in the end. Here is the synopsis from POST:

 

CASE NO. 010-724-03-07

 

CASE SUMMARY

 

This individual is Multi Certified (Jailer 10/15/03, Basic 07/13/05) and was employed by the most recent agency on 10/17/06. On 02/16/07 said officer resigned while under investigation for leaving the scene of an accident.
 

Said officer received a call to respond to a stolen vehicle. According to documentation in the file, the owner of the vehicle had the vehicle in question, blocked in a subdivision. While en route to the call, said officer lost control of his/her vehicle, striking a mailbox. Said officer failed to call in the accident or stay at the scene. Said officer drove back to the police department to change the flat tire.
 

While said officer was changing the tire, the owner (complainant) of the mailbox came to the police department. The complainant reported that his mailbox had been knocked down by a police car. According to the complainant, after hearing the loud noise, the complainant came out and saw his mailbox had been knocked down.


The complainant then saw a police car going toward the police station that appeared to have a flat tire. The complainant asked said officer if said officer had hit his. mailbox. Said officer told him that said officer did hit the mailbox while he/she was en route to a call. Said officer apologized for the damage and told the complainant that he/she planned to come back and tell the complainant after he/she completed the call.

 

According to the I.A. report, said officer told them. Major "I freaked and wanted to get the vehicle to the police department. "I know I left the scene of an accident." It is also noted in the report that said officer failed to report the incident to the supervisor before being confronted by the complainant. There was nothing else negative in said officer's file.

 

This investigator went to another agency where said officer had been employed prior to working for the most recent agency. The CEO of that agency told this investigator that said officer was a real good officer. According to the CEO, said officer wrote more tickets than all of the other officers in the department. Said officer voluntarily resigned from that agency to work for a larger department.

 

Said officer is not currently employed in law enforcement.

 

See attachment A for said officer's response as well as letters from his/her supervisors. 

 

Previous P.O.S.T. Case: None Noted

 

Training Deficiency: None Noted 

 

CASE NO. 010-724-03-07

 

Disciplinary History: None Noted

 

.    Criminal History: None Noted

 

Drivers History: Status Valid

 

1. 04/29/98  Speeding (72 in 55)

2. 09/07/95  Suspension: Failure to Appear

3. 05/25/92  Speeding (71 in 55)

 

Recommendation to Council:

pursuant to O.C.G.A. 35-8-7.1(6,7,8)

24 Months Probation Upon Rehire Public  Reprimand           Dolly Johnson     

PCC Chairman

Date:   January 9, 2008

 

As you can see the officer was fired for lying to his superior officer about the true cause of the accident. He was fired and the firing prompt reported to POST. He was given 24 months probation if he was ever hired by a police department and given a public reprimand. 

 

If you read the previous blog what would POST done with the assault case had it been reported promptly? More than likely at least the sentence above but, more than likely they would have taken his certification for a period of time. Do you see the disparagement that officers are seeing? There are others out there.

 

Now for the twist within the past year DPD re-hired this officer. He had been charged and convicted of lying and he comes back to Douglasville Police Department. 


Every officer knew of the accident and the lie. Supervisors were asked if they had a problem with the man coming back. What would you say? The decision had been made the Command Staff was going to hire him anyway I would have done what I did but, shouldn't have done, the last five I was there yes sir what ever you want and let it go.


I gave you the description of Brady now what would have happened if he was the first officer on the scene or, involved in a critical incident and the only witness? There would be a big problem in there the DA would have a hard time getting the case off the ground. His previous cases could have been affected also. Fortunately, I understand the officer has resigned within the past few months let us hope nothing important is in jeopardy.

 

Running a police department is not like running a day camp. You have rules, regulations, and laws you must abide by. You cannot ignore POST rules as if they weren’t there simply because, you want to avoid having an officer off the road for months. No law enforcement agency or its officers are above the law.