10.12.2006 - LEXINGTON, Ky. - A Lexington police officer, who initially got into trouble for postings he made on the popular Web site MySpace.com, faces new charges of violating department procedures in the drunken-driving arrest of country singer John Michael Montgomery.
Maj. Mike Bosse, commander of internal affairs, confirmed Monday the existence of six additional charges against Officer Joshua Cromer, but he declined to identify those charges or discuss them. The majority of the new charges stem from the February arrest of Montgomery, in which Cromer was the arresting officer.
In August, Montgomery, 41, of Jessamine County, entered an Alford plea, which means he did not admit guilt but acknowledged that prosecutors had enough evidence to convict him. He was fined $200 plus court costs and was ordered to complete an alcohol education program.
Lexington police waited until Montgomery's criminal case was completed to investigate concerns about Montgomery's arrest because, they said, they didn't want to interfere with court proceedings.
Montgomery and his attorneys met with internal affairs shortly after Montgomery's plea to share their concerns about the arrest, as well as to give police evidence they had of possible wrongdoing by Cromer.
"Some of which they knew about and some of which they didn't," one of Montgomery's attorneys, Brent Caldwell, said Monday.
Police began following Montgomery just before 2:35 a.m. on Feb. 14, after he ran a red light, a report written by Cromer said. Montgomery drove erratically, hit the curb about four times and crossed the center line three times. The report said Montgomery smelled strongly of alcohol and failed a field sobriety test.
Caldwell said he didn't know about all of the new charges placed against Cromer. But he said Lexington police were concerned to learn that Cromer had been in the same bar as Montgomery and didn't stop him from driving away that night.
Montgomery's attorneys obtained police radio log traffic that placed Cromer in Austin City Saloon and they had witnesses who said Cromer introduced himself to Montgomery while he was there.
Montgomery's attorneys also gave police phone records that show someone in the bar called Cromer's personal cell phone about the time Montgomery left the bar. Cromer's phone records show he called the bar shortly after the arrest and again about an hour later, Caldwell said.
Caldwell said police were also concerned about a tape recording Cromer had made of Montgomery during the arrest.
"Later on there were allegations that the tape had not been booked properly into evidence," Caldwell said. He said police are supposed to book evidence immediately to ensure that it has not been tampered with and so they know where it is at all times.
Cromer could not be reached for comment Monday. His attorney, Shane Sidebottom, said the ordeal has been very stressful for him.
"He's trying to be professional, and he's going to work and trying to do his job," Sidebottom said.
Cromer continues to work for the police department as disciplinary proceedings continue. However, he has been relieved of his sworn duties, meaning he has turned in his weapons and cruiser and can no longer make arrests.
Sidebottom would not comment in detail on the charges against Cromer, saying, "It's inappropriate to comment at this time, by either side, because there is an ongoing investigation. Mr. Cromer will have his say at the appropriate time and place.
"Before the public judges the credibility of these allegations, they should bear in mind that they were made after a plea of no contest was entered into the court records."
Cromer has faced two other administrative charges since he began working as a police officer in December 2002, according to police records obtained through an open records request.
In 2004, Cromer was administratively disciplined for intentionally keying his police microphone on at least two occasions while another officer was transmitting, disrupting that officer's attempts to communicate with dispatchers. Cromer was suspended without pay for 40 hours in that case.
In March, Cromer and five other officers were administratively charged for postings they made on the Web site MySpace.com in which they discussed their jobs, commented on arrests they had made and used derogatory language about gays and mentally disabled people.
Some of the pages contained pictures of the Lexington police badge and cruiser, as well as the officers in uniform.
On Cromer's page, officers discussed the Montgomery case and congratulated him on the high-profile arrest. One officer posted an altered photograph of Montgomery and a fan in which Cromer's face had been placed on the body of the fan.
Cromer has since written an apology on his MySpace page.
All of the officers but Cromer have accepted their disciplines - suspensions without pay ranging from 80 to 320 hours - and their cases have been closed.
Because Cromer's case involving MySpace is still open, police officials would not say what disciplinary recommendation has been made or why he hasn't accepted it. Discipline can range from a written reprimand to termination.
Along with the administrative charges, Cromer has been the subject of at least eight complaints from citizens in the past two years. In one, he used an inactive form of pepper spray on a drive-through window employee at Hardee's as a joke, which alarmed another customer.
Bosse said the average number of complaints about a patrol officer from citizens in a two-year period is about two.
Cromer's file also includes numerous letters of praise from citizens for investigations he has performed.
The latest six charges against Cromer will go before a board made up of city police and law officials. The board will look at the investigation completed by internal affairs and interview Cromer before making a disciplinary recommendation. The board will then forward that recommendation to the police chief - who accepts or adjusts it - before formally presenting the discipline to the officer. Cromer can accept the punishment or reject it, as he has done with the MySpace charge.
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