Praise For Sheriff’s Department

The following comes from Mike Hayes, a member of the Towanda City Council, who is also a licensed private investigator and a former deputy. National Police Week is May 14-20. Although I am not afraid to hold law enforcement accountable on this blog and on my Facebook page, I believe the public needs to understand that the cops “get it right” the vast majority of the time. Thank you, Mike, for this timely reminder of the many good works these brave souls perform day in and day out.

A huge thanks and pat on the back to Sheriff Herzet, Undersheriff Wilhite and the Butler County Sheriff Department and specifically Captain Ken Morgan and Detectives Gresham, McMurphy and Hughey as well as the patrol crews of Lt. Gurley and Lt. Bartlett.

On April 26th a very expensive and hi-tech item was stolen from my son. Due to the hard work and professional efforts of these officers the suspect was apprehended in less than 24 hours. By the excellent follow-up investigation and a cooperative effort with the Arkansas City Police Department the property was recovered within 48 hours.

We don’t give enough credit to our law enforcement officers for the great job they do and the long hours they spend on our safety. We also don’t give them all the tools they need to do their jobs, especially in Butler County where these folks work for wages well below the standard in our area.

Support your local law enforcement and let them know how much you appreciate all that they do.

Mike Hayes

Towanda KS

Why A Police Report Matters

By Lee White

UPDATE 1:40 p.m. CDT 5/3/2007: I received the following e-mail from ADPS Chief Tyler Brewer:

I would have if you would have contacted me prior to writing the article. If you actually knew me, you’d probably have a different opinion of me but that’s okay….it comes with my job.

God Bless…. and I do mean that,

Tyler 

I received this letter today from the Augusta Department of Public Safety stating that there is no Kansas Standard Offense Report on file from anyone named Brewer for the period April 13 to April 24. The letter came in response to a Kansas Open Records Act request originally filed on April 24. I want to thank Kim Galgon, the records clerk for the ADPS, for the response, as well as City Manager Josh Shaw and Mayor Matt Childers. I know the vast majority of the sworn officers and civilian staff at the department are hard-working, honest folks. Nevertheless, no public agency can function well without accountability.

There used to be strong, local newspapers and radio and TV stations that would report on controversial matters. Due to a combination of factors, including newspapers’ flubbing the digital transition spectacularly, those entities have either gone out of existence entirely or operate as mere skeletons of their former selves with corporate owners who care nothing about anything but a stock price.

Maybe a misguided sense of duty motivates me to continue this blog, but Butler County is a place I know well. I know its history as well as about anyone, having lived it for the past 52 years despite residing elsewhere part of that time. I had great teachers, including the late BCC journalism instructor Bill Bidwell, who knew where every, single body was buried back to the beginning of time.

I see a county that was growing and thriving but has “stalled out” the past decade or so. Augusta, in particular, used to have more going for it economically and otherwise than El Dorado, where I grew up, even though Augusta’s population was less. Some of the stories I read and hear give me pause to consider whether that’s still the case and, as always, I want to get to the “why.” Life circumstances afford me the opportunity to do so. It’s more interesting to me than television or video games, so it’s what I do. And I’m going to continue doing it.

Maybe I’ll live in Butler County again, but I believe I must stay close to KU Medical Center, where my wife receives care for her MS, so I live in Harrisonville, Missouri, where her family resides. If I croak, her wonderful sister is only five blocks away. Such are the choices we have to make in life, but, man, wouldn’t it be fun to be “on the ground” turning stories like a blackjack dealer turns cards (and probably wearing a Kevlar vest)? In the meantime, I encourage you to read Olivia Haselwood’s reporting on the Leader websites. She’s an Augusta native who gives me great hope for the next generation of journalists.

So why did I ask for a police report in the first place? When I watched Chief Brewer’s interview with KWCH-TV in which he stated that his and his family’s lives had been threatened if he didn’t “take care” of the officer who shot and killed a veteran’s dog, I thought about what I would do if someone threatened to kill my family and me. The very first thing I would do is file a police report even if I was a cop. Even though threat reports are often a low priority for law enforcement agencies — and, in most cases, they probably should be — it is crucial to document a threat for a few good reasons.

The main reason is to give detectives a strong clue should the worst happen and the caller carries out the threat. A time, a date, a phone number, what the caller said, whether it was a male or female — all of those bits of information give detectives a starting point if a suspect is on the loose. If the suspect is in custody, investigators can use those clues to match him or her to the threat. That goes a long way toward proving premeditation in a homicide case and the fact that the victim or a member of the victim’s family memorialized information about the threat soon after it occurred strengthens that evidence in the minds of judges and jurors. It’s almost like a “dying declaration”.

Another reason to file a report is to launch an investigation of the threat. I’m not intimately familiar with the legalities of obtaining call trace information from phone companies, but I understand it can be had. Just about any action one takes over phone lines or the Internet can be traced. Making a threatening phone call to a police chief (or anyone) could be charged as a felony for criminal threat and as a misdemeanor for telephone harassment. And it should be! I can tell you that if it happened to me, I would take a civil judgment against the perpetrator for intentional infliction of emotional distress among other torts and obtain a restraining order.

The final reason to file a police report: It lends credibility to the accuser because the report is made under penalty of law. In Kansas, filing a false police report is considered interference with law enforcement and is a Class A misdemeanor. When one has a car accident, the insurance adjuster always wants a copy of the police report. One reason is that the report lends credibility to the insurance claimant because he or she was willing to sign off on a police report concerning the circumstances of the accident.

Police officers who are caught filing a false report can find themselves out of a job permanently or, at the very least, disciplined. There has been quite a bit of news coverage in Wichita concerning the so-called Brady-Giglio list. Being on this list likely ended the career of Wichita Police Chief Norman Williams. Williams had been disciplined for a rather minor report-writing error years ago. That was enough to get him on a list of officers who had credibility issues. The list is shared with defense attorneys if the officer is to testify at trial. Depending on the severity of the transgression, the attorney may use the information at trial to question the officer’s credibility.

Gentle reader, you are free to reach any conclusion you will concerning the absence of a Kansas Standard Offense Report in this case. Maybe there’s an investigation of the threat going on. Maybe there’s not. I certainly hope there is and that the individual who made this threat is swiftly and certainly brought to justice if, indeed, the incident occurred as the chief described it to KWCH-TV.

As for the incident that precipitated this screed, it’ll be up to the courts to decide what occurred on April 13 when the dog was shot. If I were the dog owner, I would hire an attorney named Richard Ney to defend me if I could afford him. If I were the Augusta city prosecutor, I might consider tearing up those tickets and buying Alan Fitzgerald a new dog.

ADPS Fails To Respond To Open Records Request

By Lee White

In the days and weeks since an Augusta Department of Public Safety (ADPS) officer shot and killed a dog belonging to a veteran, the department has done everything in its power to make me question its version of events. The official story as reported by multiple media outlets: The dog managed to break through a screen door and lunge aggressively at the cop and an animal control officer. The officer, fearing for their lives, shot the dog.

At first, I tended to believe the officer’s story. I even said so publicly. Then ADPS Chief Tyler Brewer and perhaps others on the department became involved. First, there was this report that some people who wanted to organize a candlelight vigil for the deceased canine were threatened with arrest. Then, Brewer told the news media that he and others on the department had received death threats as a result of the dog shooting. Brewer told KWCH-TV in this interview that a phone caller threatened his life and that of his family if the chief didn’t “take care of” the officer who shot the dog.

After I watched that interview, I sent a written request under the Kansas Open Records Act to the ADPS, the Kansas Bureau of Investigation (KBI), and the Butler County Sheriff’s Department. The letter sought the release of the front page of any Kansas Standard Offense Report filed by Brewer or anyone with the same last name between April 13 — the date of the shooting — and the date the letter arrived at the agencies, which was April 24. The requested document is unquestionably public information, as both the form itself and the attorney general’s website indicate.

The sheriff’s department and the KBI responded within three days, as the Open Records Act requires (click here). The ADPS has yet to respond at all.

The act also requires agencies denying access to records to provide, upon request, a written explanation for that denial including the legal grounds upon which the agency based its decision. On Monday, I sent this letter via overnight mail to Augusta City Manager Josh Shaw and Mayor Matt Childers requesting such an explanation. It arrived today, so Friday is the deadline for the city’s response.

The ball is squarely in the court of Shaw, Childers, and the Augusta City Council. If they fail to respond to yet another lawful request under the Open Records Act, they will face both legal and political consequences. If the document isn’t on file with the ADPS, then say it isn’t on file, just as the KBI and the sheriff’s department did. If it does exist, then either produce it forthwith or cite a legal reason for keeping it under wraps. It’s as simple as that. Anything else will illustrate that ADPS is a rogue department.