The Department Comes First

 

 

 

There were days when I walked into our department and was greeted with icy glares. I would smile back at the officers and wish them a good morning.

One morning was a bit more than icy glares. I could hear some of them bitching about me. I smiled and wished them a great morning.

As I headed down the hall towards my office, a close friend, Officer Al Johnson, stopped me.

“Hey buddy.” Everybody is talking about the case you’re investigating.”

“Well Al, what’s the good word?”

“None seems everybody thinks you are using this as an example. Making Smith and Turner the victims.”

I smiled and said, “Victims? That’s a new one. Thanks for the heads up, Al.”

With that I made to my office. There, as she was every morning with a smile on her face, was Dolores, our secretary.

“Richard, did you see the Free Press this morning?”

“Nope.”

She handed me the newspaper and said, “You need to read the editorial on page ten.”

I took the paper and went into my office. Dolores was right behind with a coffee and two aspirins.

“I think you are going to need both.”

She closed the door as she walked out.

After working with me for five years, she knew what to expect.

The editorials title said it all. “What will the Mount Henry Police Department do”

The editorial was regarding an alleged assault by two of our officers on a driver pulled over for a traffic violation. The editorial contained baseless claims and speculation. But the part that really hit me was the claim that our department should not be in charge.

I threw the paper at the door along with the first thing I could find: my stapler.

With that, Dolores opened the door.

“Do I know you like a book?”

I smiled. “Yes, you do.”

You need to know the department was my life. I began my journey there at eighteen as a police cadet, and then I earned a promotion to police officer at twenty-one. I was now in my twentieth year.

I became a police officer for one reason. I felt I could make a difference. I took pride in our department. It came before anything else. I always conducted my investigations with honesty and fairness for all involved.

The file was in my desk drawer. I pulled it out and began reading the reports and statements. I was waiting on the video from the patrol car’s in dash camera. Our chief assigned it to me the day before. He told me to handle this one like the others. Professionally and without bias.

He had known me since I was a cadet and watched me rise through the ranks to my current rank detective lieutenant. I had ten years as a criminal detective and detective sergeant before coming to the Special Investigations Unit. He knew I would handle this one the right way.

I knew both officers involved. Turner was a hothead. I rode with him a few times during the midnight shift. How he made it through his probationary period, I will never know. He had an arrogance about him and that could be seen in his interactions with the public. Officer Smith was a fairly new police officer. He had less than three years on the job.

According to the report, the police stopped the subject’s car in the Headly Apartments. The driver was belligerent as soon as Officer Turner approached the driver’s window. The driver continued to be verbal with Officer Turner. It was then Officer Smith came around to the driver’s door. According to the police report, he asked the driver to step out of the car. The driver, according to Smith’s statement. Would not listen to their commands to get out of the car. Smith indicated it was the drivers refusal that forced them to pull him out of the car. The driver allegedly swung at Smith. Turner in his statement wrote they had no choice but to pepper spray the driver. He would not obey their commands and began punching the officers. According to Smith, the pepper spray blew back into their faces, causing both to be blinded. With the driver swinging, them being blinded by their own pepper spray. They had no choice but to use their collapsible batons on the driver. Smith indicated he and Turner had both struck the driver with their collapsible batons.*

Both officers wrote their own report. Oddly, they both were extremely similar.

I put the file back in my drawer, got up, and went out to our reception area. Dolores was on the phone. I headed across the hall to the investigation’s bureau for a cup of coffee. When I walked into the break room, Detective Captain Fred Miller met me.

“Well, what’s your opinion about Smith and Turner?” He asked.

I just walked to the coffeepot and filled a cup. As I walked by him.

“Captain, you know I do not decide until I have all the facts.”

When I got back to our office. I saw the chief talking with my partner, Sgt. Kim Winters. When the chief saw me came out and asked if he could talk with me.

We went into my office. He closed the door.

“Look, Richard, this is a high-profile case. Give me an idea of how you plan to handle it.”

As I sat down behind my desk. I looked at him and spoke. “Chief, this one will not differ from the other cases I have handled.”

“Fine. Just keep me updated.” He smiled. “Richard, I have total confidence in you to handle this. He replied and walked out of my office.

I had Dolores send out interview letters to each officer and the police officer’s union. I set the interviews for the following Friday at 9:00am. I had to meet the unions required five-day notice.

The next day, my partner and I reviewed the video from the patrol car's dash camera.

Immediately, there was an issue. Both officers had turned off their body mic.

We watched the dash camera over and over. One frame at a time. I finally stopped it.

I stared at the television for a minute and then looked at Kim.

“There appears to be some discrepancy in their story. When they approached the driver. Turner appears to be telling Smith something. At which Smith pulls his baton out, as does Turner. We see them exchanging words with the driver, who was still in the car. Turner reached into the car, grabbed the driver's left arm, and pulled him out. He backs up and sprays pepper spray at the driver. At that point, the scene becomes a free for all with them beating the driver a dozen times with their batons. At that point, the two pull the driver out of the car and slam him into the driver's trunk. Smith puts the handcuffs on him. Then the two pull the driver back to their car.”

I paused for a second. “I see one glaring error in their story.” With that, I replayed the video.

“Kim, look closely at the pepper spray and tell me what you see.”

“It is blowing at the driver, not them.”

I smiled. “Bingo we have an enormous crack in their story.”

Kim left my office while I started preparing for my interviews. I learned early on the key to a good interview was preparation. I wrote out my questions in pencil and on a notepad. Pencil, so I could easily erase a question or make changes. I knew exactly what I was going to ask and whom to address the question to.

Next, I contacted the nearby air force base. I spoke with their meteorologist. I needed the exact wind direction, speed, humidity level, and temperature at the time of the incident.

Armed with those numbers, I went the next morning and parked at the same spot. At the right time, I stood outside my car and sprayed pepper spray toward  my driver's door. According to the officers' reports. I proved what I already knew. The wind direction that day was towards the driver, not blowing back at the officers.

I was ready for the interviews.

That Friday morning, I got in a little early to make sure everything was ready. We had a conference room with a video camera set up. I also had a television with a DVD player ready in case it was necessary.

Right at 9:00am the officers along with their union representatives and the union’s attorney came in. I asked them to all take a seat. I advised all parties of how the interview was to be conducted. Each officer would answer a question that I asked them. The other officer had to wait for the question to be answered before interjecting. They were advised the interview would be video recorded. For their protection and the departments.

I asked each officer in their own words to tell me what happened from their perspective.

Officer Turner went first, sticking to his story as written in his report. Naturally, Officer Smith did the same.

I knew that was the way they would answer. I wanted to put them at ease. The next few questions were basic. For example, the reason for the stop and the driver's demeanor. Again, all intended to put them at ease.

You see, officers are excellent at answering questions when they are ready for them. My job was to wait until the right moment to ask the one they are not expecting or ready for.

I explained I had a DVD of the incident that I would show if the officer’s attorney felt it was necessary. He indicated no.

Now, I was ready.

Looking at Officer Turner, I asked.

“Just so I have it straight. You were forced into using pepper spray?”

Turner smugly replied. “I have already told you that.”

“Officer Smith let me ask you this question. According to your report and written statement the pepper spray blew back at the two of you. Is that correct?”

The look on his face was priceless. He had a smile as if I bought their story.

“Yes.”

At that point I had one last question.

I addressed to Officer Turner.

“Officer Turner why did you and Officer Smith turn off your body mic?

 “We turned off while we were in the patrol car and forgot to turn them back on.”

“Officer Turner, that answer is not correct. You and Officer Smith can be heard talking with each other. The two of you switched them off when you exited the patrol car. As you approached, the car, Officer Smith can be seen motioning you to turn your mic off. To which you complied.

“Mr. Cattel, as the legal representative of these officers, I would like to show you the weather report for that day. Take your time to review it and inform me when you are done.

I watched for any sign of expression. He did not let me down. He grinned and handed the paper back to me.

“Officer Turner, I have one last question for you. Do you still maintain the pepper spray blew back into your face and Officer Smith's.”

His reply was brief, “ Yes.”

Next I looked directly at Officer Smith and as the same question.

There was no surprise when he said, “Yes.”

I had given them the opportunity to tell the truth, and both decided to continue to lie.

I had the answers I need.

Both officers were informed of my findings along with the fact I personally tested spraying pepper spray. With it blowing towards the driver.

“It is now 0959hrs. The interview with Officers Turner and Smith, represented by their union rep Officer Richard Heinz and union attorney Mr. Robert Cattel is now concluded.”

All four left the room. I began collecting my papers when their attorney came back into the room. He reached out his right hand and shook mine.

“That was one of the best interviews I have ever been part of. You had them nailed.

I went back to my office and locked up my file and headed to the chief's office. I told him the results. I would have my report to him by 5pm.

I taped my report and gave it to Dolores . She typed it. I proofed it before turning it over to the chief.  Also reminding him I would be off for the next week. I desperately needed a few days off. Some of the guys had to give me one more shot as I walked out the door.

The week off was great. Just family time.

When I came back to work, things had changed. When I came back to work, my coworkers warmly greeted me with a "Good morning, LT."

 “How was your time off?

I found out later the Smith and Turner were spouting off about the interview. They even mentioned pepper spray.

Stepping into my office. Dolores said the Chief wanted to see me.

I grabbed a cup of coffee and went to his office.

“Richard, that was an excellent case investigation. Thorough and complete.  I met with the city manager last week. It was decided to discharge both officers.  Turner and Smith are no longer with us. He reached his arm out and shook my hand.

“Job well done.”

“Thank you chief. I appreciate your confidence in me.”

I went back to my office. Sitting at my desk I stared at the deprtment photo hung on my wall. The honor and reputation of our department always came first.

This Photo by Unknown Author is licensed under CC BY-NC-ND