Post by KC on Feb 18, 2006 14:10:31 GMT -5
02/17/2006 - West Lafayette police Sgt. Matt Coddington, who is serving a 30-day suspension and was demoted from lieutenant for misconduct, will not face criminal charges.
Special prosecutor Joseph Buser, appointed to investigate allegations of misconduct and possible criminal activity by some West Lafayette police officers during and after a Fraternal Order of Police-sponsored bus trip to a Cincinnati Reds game last summer, filed a report Wednesday saying no criminal charges will be filed.
Buser, the Montgomery County prosecutor, said that Coddington might have committed a misdemeanor when he left the scene of a property damage crash, but he would not seek criminal charges because the officer returned the next day, reported the crash and made restitution.
"There is no evidence that would substantiate that Matthew Coddington was under the influence of alcohol at the time of the accident," Buser wrote in the report that was filed in Tippecanoe Superior Court 6.
"It kind of underscores the point we were making all along," said Coddington's attorney, Bruce Graham. "I never thought he violated leaving the scene, and I don't think the (merit) commission did either. ... I'm glad it's over for Matt."
Coddington did not respond to a request for comment.
West Lafayette Mayor Jan Mills, who replaced her two appointees to the merit board earlier this week, expressed disappointment with Buser's decision.
"I don't know why a police officer is not being held to the same standards as a normal citizen," she said.
An investigation into alleged misconduct during and after the July bus trip started after Mills received an anonymous e-mail complaining about police behavior.
Not all of the information in the e-mail was accurate, and Police Chief Dan Marvin has said he likely will pursue disciplinary action against the letter writer, who is believed to be an officer in the department. The letter writer's identity has not been made public.
The internal investigation led Marvin to reprimand Detective Jeff Ray and to seek unspecified discipline against Officer Brian Lowe and then-deputy chief Chris Leroux. Leroux was removed as deputy chief and has returned to his previous rank of captain.
The merit commission suspended Leroux for three days for disclosing the e-mail complaint to other officers. The board declined to discipline Lowe, whom Marvin removed as DARE officer.
Only Coddington was accused of criminal activity. Marvin recommended that Coddington be fired for delaying his report of the crash and providing misleading information to his superiors about it.
Altogether, the merit commission found Coddington violated seven departmental rules of conduct. But the board did not find that Coddington had driven under the influence of alcohol or provided alcohol to a minor. The board demoted him to sergeant and suspended him for 30 days, starting Jan. 23.
The crash, in the early morning hours of July 22 in the 2700 block of Yeager Road in West Lafayette, damaged a mailbox belonging to Joshua Kelly and caused more than $2,000 damage to Coddington's take-home police vehicle.
Coddington went to Kelly's home the next day and told Kelly he had caused the damage to the mailbox. He returned later and replaced the mailbox. According to Buser's report, Kelly initially believed his mailbox had been damaged by a storm.
"In light of Matthew Coddington's actions in reporting damages to the property owner and in making restitution to Mr. Kelly for damages, and further in light of the sanctions imposed by the West Lafayette Police Department upon him for the driving event, the State declines to pursue criminal prosecution of Matthew S. Coddington," Buser wrote.
Buser's report states he also found insufficient evidence to support allegations that Coddington provided alcohol to a minor during the bus trip.
He reported Indiana State Police detectives who investigated the case "did not identify criminal conduct on behalf of the members of the West Lafayette Police Department occurring within Tippecanoe County, other than a possible misdemeanor driving offense by Matthew S. Coddington."
Buser was appointed to review the case last September after the Tippecanoe County prosecutor received a report from the Indiana State Police and requested a special prosecutor.
Buser's report states he reviewed reports from the state police and findings of fact in the disciplinary case that resulted in Coddington's demotion and suspension last month.
Special prosecutor Joseph Buser, appointed to investigate allegations of misconduct and possible criminal activity by some West Lafayette police officers during and after a Fraternal Order of Police-sponsored bus trip to a Cincinnati Reds game last summer, filed a report Wednesday saying no criminal charges will be filed.
Buser, the Montgomery County prosecutor, said that Coddington might have committed a misdemeanor when he left the scene of a property damage crash, but he would not seek criminal charges because the officer returned the next day, reported the crash and made restitution.
"There is no evidence that would substantiate that Matthew Coddington was under the influence of alcohol at the time of the accident," Buser wrote in the report that was filed in Tippecanoe Superior Court 6.
"It kind of underscores the point we were making all along," said Coddington's attorney, Bruce Graham. "I never thought he violated leaving the scene, and I don't think the (merit) commission did either. ... I'm glad it's over for Matt."
Coddington did not respond to a request for comment.
West Lafayette Mayor Jan Mills, who replaced her two appointees to the merit board earlier this week, expressed disappointment with Buser's decision.
"I don't know why a police officer is not being held to the same standards as a normal citizen," she said.
An investigation into alleged misconduct during and after the July bus trip started after Mills received an anonymous e-mail complaining about police behavior.
Not all of the information in the e-mail was accurate, and Police Chief Dan Marvin has said he likely will pursue disciplinary action against the letter writer, who is believed to be an officer in the department. The letter writer's identity has not been made public.
The internal investigation led Marvin to reprimand Detective Jeff Ray and to seek unspecified discipline against Officer Brian Lowe and then-deputy chief Chris Leroux. Leroux was removed as deputy chief and has returned to his previous rank of captain.
The merit commission suspended Leroux for three days for disclosing the e-mail complaint to other officers. The board declined to discipline Lowe, whom Marvin removed as DARE officer.
Only Coddington was accused of criminal activity. Marvin recommended that Coddington be fired for delaying his report of the crash and providing misleading information to his superiors about it.
Altogether, the merit commission found Coddington violated seven departmental rules of conduct. But the board did not find that Coddington had driven under the influence of alcohol or provided alcohol to a minor. The board demoted him to sergeant and suspended him for 30 days, starting Jan. 23.
The crash, in the early morning hours of July 22 in the 2700 block of Yeager Road in West Lafayette, damaged a mailbox belonging to Joshua Kelly and caused more than $2,000 damage to Coddington's take-home police vehicle.
Coddington went to Kelly's home the next day and told Kelly he had caused the damage to the mailbox. He returned later and replaced the mailbox. According to Buser's report, Kelly initially believed his mailbox had been damaged by a storm.
"In light of Matthew Coddington's actions in reporting damages to the property owner and in making restitution to Mr. Kelly for damages, and further in light of the sanctions imposed by the West Lafayette Police Department upon him for the driving event, the State declines to pursue criminal prosecution of Matthew S. Coddington," Buser wrote.
Buser's report states he also found insufficient evidence to support allegations that Coddington provided alcohol to a minor during the bus trip.
He reported Indiana State Police detectives who investigated the case "did not identify criminal conduct on behalf of the members of the West Lafayette Police Department occurring within Tippecanoe County, other than a possible misdemeanor driving offense by Matthew S. Coddington."
Buser was appointed to review the case last September after the Tippecanoe County prosecutor received a report from the Indiana State Police and requested a special prosecutor.
Buser's report states he reviewed reports from the state police and findings of fact in the disciplinary case that resulted in Coddington's demotion and suspension last month.