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DesMoinesRegister.com - Des Mo
10 March 2006

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Police speeding case spurs eth

The case of an off-duty Des Moines police officer's traffic stop has had a ripple effect in the metro area and across Iowa as police chiefs stress to their officers that if they stop fellow officers driving nearly 100 mph with alcohol on their breath - or for any other wrongdoing - those officers should be treated like any private citizen.

Local police leaders discussed news reports about Stewart Drake, who escaped a ticket and alcohol testing last fall when he was clocked driving 99 mph, during a meeting Thursday. The chiefs came to a consensus that there are two separate issues: officer discretion and preferential treatment.

One is allowed, one isn't, they said.

"We recognize that officer discretion is an absolutely essential part of a law enforcement officer's job," Des Moines Police Chief Bill McCarthy said, "but we also recognize that preferential treatment, or taking care of somebody because of who they are, is absolutely improper and should not occur."

Leaders from Des Moines, West Des Moines, Pleasant Hill, Altoona, Polk City, Windsor Heights, Clive and Johnston police, as well as the Iowa State Patrol and the Polk County Sheriff's Office, attended the Polk County Chiefs of Police and Sheriff's Association meeting at a local restaurant.

The Drake case inspired outrage among some Iowans, who placed more than 40 calls to police officials and posted more than 500 messages on online forums at DesMoinesRegister.com and KCCI.com.

They asked: Will departments draft policies that take the pressure off individual officers who apprehend another law enforcement officer? Can Drake be ticketed for speeding five months after the fact? And if police let things like this go, how many other matters do they look the other way on?

On Sept. 22, Officer Stewart Drake was spotted driving a city-owned vehicle 44 mph over the speed limit on Interstate Highway 235 by a West Des Moines police officer, who said Drake smelled of alcohol. Instead of ticketing him or testing him for alcohol consumption, two West Des Moines officers called one of Drake's supervisors to come and pick him up.

West Des Moines' police chief, Jack O'Donnell, sent out a memo Wednesday reminding officers that preferential treatment is unacceptable. He is now reviewing department policies to see if any changes are needed.

On March 3, the day an article about Drake appeared in The Des Moines Register, O'Donnell attended the patrol shift briefings to share his concerns. He asked his command staff to take a closer look at current policies, and to tell him whether they think changes - or more training - are needed.

"We're looking at the whole process and involving a lot of people," the chief said. "If, because of the recent events, we need to do business better, we will."

Although state code allows police to issue a citation for a simple misdemeanor up to one year later, O'Donnell said he doubts Drake will be ticketed at this point. "The officer made a decision he felt at that time was right," he said.

McCarthy, the Des Moines police chief, said he spoke with his top police officers and union representatives to let them air their feelings.

"They pretty much understand," he said.

McCarthy said it's not necessary to amend any of his department's policies - police oaths and state laws are sufficient. When officers take their oath to perform their duty, they swear to uphold state laws and the Constitution, which requires equal protection under the law.

But there has to be room for officer discretion, especially with family-related disputes, traffic violations and juvenile crime, he said. Des Moines police come in contact with 5,000 more youths than they refer to Polk County Juvenile Court each year.

"If we referred everybody on a mandatory basis, we'd probably bring that system to its knees," he said.

McCarthy added: "If there's a good side to what transpired in the reporting it is that it's an area that had apparently slipped, and this publicity has caused (police officers) to understand that these are important issues. How we are seen in the community is important and do we want to compromise that because we gave somebody a break? When you think about it, I don't think so."

The case also spurred discussions among police officers in Ames, Muscatine, Cedar Falls and elsewhere - and many agreed that no written policy is needed.

"You are really talking about an ethical situation, and most officers are not willing to risk their career over the mistake of someone else," Iowa City Police Chief Sam Hargadine said.

Muscatine Police Chief Gary Coderoni said the Drake incident reminded him of then-sheriff Ron Hazen's 1996 car crash. Muscatine police called in the Iowa State Patrol to assist, and Hazen was charged with OWI. Coderoni said Muscatine's enforcement policies make no exception for anyone, so they do not need to be altered.

Ames Police Chief Loras Jaeger brought up preferential treatment during a command staff meeting Wednesday. "They're going to talk to all their officers," he said.

Altoona Police Chief John Gray said he thinks the Drake case "has given everyone in the profession a black eye." His department has no policy, he said, "nor is one necessary."

"Our officers understand the importance of professional ethics and the impact that public perception has on the ability to fulfill our mission," Gray said. "The most significant attribute we have is our own credibility. If that is lost, we cannot expect the public to cooperate with us, support us, or have any empathy for us when we make the inevitable mistake."

West Des Moines Mayor Gene Meyer, who is also head of the Iowa Division of Criminal Investigation, said he and other city leaders have confidence in West Des Moines police.

"I don't think an incident here or an incident there is cause for concern for the overall department," Meyer said. "Individual circumstances may justify some adjustments, but that's after review and it's up to the police chief."

Meyer said a good internal review process is in place to monitor misconduct and handle citizens' complaints.

Both West Des Moines and Des Moines release an annual report summarizing their internal affairs reviews. Officers' names are not included, but administrators search for trends.

If an officer commits an offense serious enough for termination, the Iowa Law Enforcement Academy Council considers decertifying the officer. Decertified officers can no longer serve as police in Iowa and are listed on a national database.

Of the 45 police officers decertified since 1985, none was a Des Moines or West Des Moines officer.

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DesMoinesRegister.com - Des Mo10 March 2006

Police speeding case spurs eth

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DesMoinesRegister.com - Des Mo
10 March 2006