22. field training program and on his own for approximately six
months. Officers Roberts is a seven year veteran of the
department and is considered one of the informal leaders on his
shift.
You are the Internal Affairs Investigator for the Asheville
Police Department and are charged by the Chief of Police with
investigating this complaint. You investigate the complaint and
interview all parties and pursue all leads and avenues of
inquiry. Due to your superior investigative skills, you discover
the following facts about the case:
1.
Officer Smith observed the vehicle driven by Mr. Jones make a
wide turn while driving. Officer Smith then followed the
vehicle for approximately 2 miles during which he observed the
vehicle cross the center line on three occasions, make a left turn
without signaling, and make that left turn very wide and go
almost entirely into the other lane of travel.
2.
Officer Smith stopped the vehicle and upon approaching the
driver smelled a strong odor of alcohol on the driver’s breath
and about his person. Officer Smith also observed what later
proved to be an empty beer can in the passenger floorboard. Mr.
Jones was alone in the vehicle at the time of the stop. Officer
Smith noticed that Mr. Jones’ eyes were red and bloodshot and
his speech was slurred. Mr. Jones was also somewhat
belligerent in his attitude towards Officer Smith.
3.
Officer Smith got Mr. Jones out of the vehicle to administer a
field sobriety test. As Mr. Jones was getting out of his vehicle,
Officer Roberts arrived on the scene. Officer Roberts observed
Officer Smith administer a standardized field sobriety test to
Mr. Jones in which Mr. Jones definitely appeared to be
impaired. During this time, Mr. Jones continued to make
belligerent remarks stating that the officers were only picking
on him because he was black and stated that if the officers
23. would take off their badges, he would show them who the “real
man” was.
4.
Officer Smith advised Mr. Jones that he was being arrested for
DWI. Upon this advisement, Mr. Jones raised his fist and took
a swing at Officer Smith but did not make contact with him.
Officers Smith and Roberts then subdued Mr. Jones and put him
in handcuffs. While this was happening, Mr. Jones kept trying
to strike the officers and to get away from them. The officers
finally got the handcuffs on Mr. Jones and got him up off the
ground. Officer Smith was very angry at this time and slapped
Mr. Jones with his open hands twice while Mr. Jones was in
handcuffs with his hands behind his back. Officer Roberts
stopped Officer Smith from striking Mr. Jones a third time and
told him, “You better cool down and get a hold of yourself!”
Officer Smith then put Mr. Jones in the back of the cruiser and
transported him to the Buncombe County Detention Center
while Officer Roberts waited for the tow truck and did the
vehicle inventory.
5.
Upon arrival at the detention center, Mr. Jones refused the
intoxilyzer test and was booked under a $2,000 secured bond.
There were no allegations that any further physical conflict
occurred between Officer Smith and Mr. Jones. Mr. Jones made
bond and the case has not yet been adjudicated by the courts.
Officer Roberts did NOT report to any supervisor that Officer
Smith had struck Mr. Jones while Mr. Jones was handcuffed
behind his back.
6.
It is now February 14, 2012 and you have concluded your
investigation. All of the facts in this investigation have been
confirmed either by the cruiser’s video camera, admissions by
the officers, and admissions by Mr. Jones, etc. All of these are
the facts of the case and are beyond dispute. Your report to the
24. Chief of Police is due by 1700 hours today. Your report should
contain the following information:
A.
The allegations made in the case by the complainant.
B.
The facts of the case as determined by your investigation (you
really are a great investigator who had discovered every fact
there is to discover in this case).
C.
Your determination of what violations of policy (if any) the
officers committed. Asheville does have a policy prohibiting
the use of excessive force and specifically unnecessary force
against and abuse of prisoners. You should deal with each one
of the individual allegations by the complainant and make one
of the following determinations about each:
1)
Sustained – the allegation is true – the events occurred and were
not justified.
2)
Non-Sustained – there is not enough evidence to prove or
disprove the allegation (innocent till proven guilty).
3)
Unfounded – the allegation did not occur and this can be proven
by evidence.
4)
Exonerated – the allegation occurred, but the facts justified the
violation of the policy. An example would be where policy
prohibits transporting a civilian in a cruiser unless they are
under arrest, but a justifiable emergency made it necessary.
D.
25. Your recommendations about discipline against the officers if
they have committed any policy violations. This could range
anywhere from no discipline to a written reprimand to retraining
to a suspension without pay or to termination of employment.
Your report of the investigation and recommendations should be
done in memo format addressed to Chief Frederick Johnson.
