Two dozen Utah officers disciplined; many have certifications revoked

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SANDY — Twenty-five current or former law enforcement officers in Utah recently had their certifications reviewed for disciplinary violations.

All law enforcers in Utah are required to be certified by the Division of Peace Officer Standards and Training. When allegations of misconduct arise, officials conduct an investigation and impose sentences for confirmed violations ranging from a letter of caution up to revocation of its certification.

During its quarterly meeting on Sept. 25, Peace Officer Standards and Training Council members voted on the certification status of more than two dozen law enforcers, a third of whom had their certifications revoked.

The case that received the most debate was that of Enoch Police Cpl. Jeremy Dunn.

In June 2018, Dunn responded to a truck stop in Parowan where officers were trying to arrest car burglary suspects. Dunn encountered Ivonne Casimiro, 29, who refused to put down a screwdriver. After his Taser failed to have any effect on her, Dunn purposely shot the woman in the knee. The incident marked the second time in five years that Dunn shot a suspect in the knee to end a confrontation.

The Enoch Police Department determined that the shooting did not violate policy. But the Iron County Attorney’s Office felt otherwise, declaring the shooting was not legally justified. However, the attorney’s office declined to file criminal charges.

After a two-day hearing before an administrative law judge as part of the division’s inquiry into the situation, a judge determined the shooting was not within state policy and Dunn had committed aggravated assault. The division recommended that he have his certification revoked.

At question was whether the woman advanced toward Dunn, thereby posing an imminent threat. The judge ruled that she did not. Dunn believes otherwise.

“This has been a very humbling experience I saw as an imminent threat. And I made the best decision I could to minimize the damage to her — and life, the preservation of life was my priority. But I see there are things I could have done better and done differently,” he said in a recording of the hearing. “I humbly ask POST Council to allow me to serve and protect in Utah as law enforcement again.”

Dunn, who has been on leave for 15 months, admitted he did not follow division guidelines, which instruct officers to aim for the largest body mass when using deadly force — such a suspect’s chest or head — and not a knee.

But Dunn and his attorney, Ashley Gregson, argued to the council that he was trying to end a confrontation without someone losing their life.

“Ask yourself, ‘Does that sound like criminal behavior? Does that sound like aggravated assault?’ No it doesn’t. That’s because it wasn’t a crime,” she told the council. “It would be a true shame if you found today that his good faith efforts to contain the situation and act in a lawful manner was criminal. Especially so when his agency reviewed his actions and determined that his force was reasonable … there simply was no crime here.”

The council was moments away from voting on a motion to revoke Dunn’s certification, when a substitute motion was brought up to suspend his certification for four years. That motion passed on a split vote.

Others who had their law enforcement certifications revoked include:

• Roberto Benvenutto, a former employee with the Salt Lake County Sheriff’s Office who was criminally convicted of stealing an iPad from a resident at a nursing home where he worked a part-time job.
• David Bingham, a former Utah Department of Corrections employee, who took a dog to a local pound in Sanpete County, but then never gave the dog food or water and it died. He was also charged with falsifying time cards.
• Brittney Bryan, a former corrections employee, was involved in a fatal DUI crash while off-duty.
• Bradly Johnson, a former corrections employee, was operating a golf cart on prison grounds and “joking around, being stupid,” he said, when he hit an inmate. The inmate sustained injuries not considered to be life-threatening.
• Bryan Lentz failed to disclose a prior conviction of unlawful sexual conduct on his division application.
• Jerred Loftus was already on suspension when he ran into a group of teens while walking on a trail in Saratoga Springs and demanded to see their green cards, accusing them of being illegal aliens and threatening to kill them.
• Jonathan Mangum, a former South Jordan police officer, threatened to extort his ex-wife by releasing an incriminating picture of her if she didn’t stop seeking a share of his retirement pension during their divorce proceedings.
• Nicholas Riggs, a former Unified police officer, claimed his credit card had been used fraudulently even though he knew his wife had actually used it, and he was involved in a DUI, hit-and-run accident while off-duty.
• Terry Thomas had already resigned as a police officer when he was charged with voyeurism. Thomas installed a digital recorded in a family member’s bedroom and secretly recorded 23 videos of that person dressing and undressing.

Other cases the council voted on include former Manuta Police Chief Shane Jacob Zilles, who resigned after driving impaired in his patrol car and while in uniform earlier this year. His certification was suspended for two years.

The council also handed down a three-year suspension to Lance Bess, a former Unified police officer whose criminal case has been ongoing since 2015.

Bess was duck hunting in Box Elder County when three shotgun blasts were suddenly fired in the direction of Bess and his group. Bess, while holding his service weapon in one hand and a shotgun over his shoulder, confronted the group that had fired on them and learned that an inexperienced hunter had fired the errant shots.

“I was shot at. Directly shot at. Not once, but three times,” he told the Peace Officer Standards and Training Council.

The other group told police they felt threatened by Bess who was ultimately convicted in 1st District Court of threatening to use a dangerous weapon during a fight, a class A misdemeanor. Recently, the Utah Supreme Court upheld Bess’ conviction. Former federal judge Paul Cassell has now filed a request for the state’s high court to re-hear that case.

“It is with deep regret and disappointment that I stand before you this day,” Bess told the council. “I strive to live my life with integrity. I apologize to the law enforcement community. I’ve let you down. My family name and my reputation is tarnished because of what has transpired.”

While Bess admits he never thought the charges against him would stick, he pleaded with the council to give him the chance to prove he can do better.

from Deseret News https://ift.tt/2p2kcHE