Discipline debated for police misdeeds

Published: Wednesday, Sept. 19 2007 12:02 a.m. MDT

SANDY — Midway through what seemed like an endless litany of police officers' misdeeds, Ken Wallentine shook his head.

"It troubles me to see a criminal violation committed by an officer is not criminally charged," the Utah Attorney General's chief of law enforcement said Tuesday.

Wallentine spoke out during disciplinary hearings at the Utah Peace Officer Standards and Training Council's meeting here. More than a dozen police officers were disciplined for violations of the law or department policy.

Some officers will not be charged. Instead, they will have their certifications yanked or suspended — effectively ending their law enforcement careers.

A Lehi police officer accused of breaking into a locker and stealing marijuana had his peace officer certification revoked. He was not charged criminally.

A former Utah Highway Patrol trooper accused of working only four hours of his regular shift also was not charged. POST says the other four hours of his shift were spent at home sleeping.

"Over a period of five years working half a shift. That's over $100,000," Wallentine told the council. "That's money that's been stolen from the citizens of Utah. I understand there are times we just want to take care of business and get done, but I'm troubled there are no criminal charges."

In the trooper's case, the Utah Department of Public Safety said it discussed possible charges internally but decided not to proceed.

"As far as I'm concerned, it's over," UHP Superintendent Lance Davenport said.

POST executive director Rich Townsend said POST has no control over who gets charged and who doesn't.

"Most officers who violate the law are charged," Townsend told the Deseret Morning News. "However, that is not POST's call. That is up to the local agencies, their county attorneys, to make those determinations."

A former Beaver County Sheriff's deputy soon may face criminal charges. Sheriff Cameron Noel confirmed that he asked the Millard County Sheriff's Office to screen a case against the ex-deputy.

POST legal counsel Rick Wyss said the investigation began with complaints of sexual misconduct between the man and a local schoolteacher.

"(The deputy) refused to cooperate during the internal affairs investigation," Wyss said.

During the investigation, POST said other problems were uncovered.

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