When police investigate one of their own: Recycling Center incident highlights SIPD policies

What happens when the Shelter Island Police Department investigates one of its own?

A criminal investigation in late December 2010 made this question more than a theoretical one.

A pick-up truck was removed from the Shelter Island Recycling Center on December 17 and reported as an alleged grand larceny. The fact that a vehicle was taken was first discussed publicly in February after the Town Board requested an internal investigation of activities at the Recycling Center, but the fact that a police officer was involved was not disclosed at that time.

The Reporter requested records of the incident in accordance with the Freedom of Information Law, and received redacted reports of the December 17 incident and of Detective/Sergeant Jack Thilberg’s supplemental report filed when the case was closed with no criminal violation found.

The reports, which can be viewed by clicking here, indicate that after a blue 1983 Ford pick-up truck was removed from the Recycling Center, a complaint alleging grand larceny in the 4th degree was filed. Highway employees and Commissioner of Public Works Mark Ketcham were interviewed, and the detective found that an employee gave express permission for the person to take the truck, and that being the case, no crime occurred. The investigation indicated that the vehicle had not been sold for scrap.

In his report, Detective Thilberg notes a 2005 memorandum from Mr. Ketcham stating that “any vehicle, watercraft, boat trailer, and/or motorcycle that would need a registration once dropped off at the Recycling Area must remain until it is processed for recycling.” It also notes an incident in which an employee told Mr. Ketcham he would like to take a boat trailer left at the Recycling Center for his own use. “Mr. Ketcham responded to him by saying, looks like it could be a good trailer, and did not indicate any problem with the taking of same.”

All names, other than Mr. Ketcham’s, were redacted from the reports. All identifying information on the person accused of taking the truck in December is also blacked out, which is typical for publicly-released police reports in cases resulting in no criminal findings.

But Police Chief Jim Read confirmed that the person who removed the truck was an officer in the Shelter Island Police Department, emphasizing that “in no way was he on duty or acting in any official capacity.” He would not name the officer.

According to Chief Read, both a crime was alleged and a formal complaint was filed against the officer.

SIPD policy on handling personnel complaints states: “In the event the complaint against a member of the department is criminal in nature, or the investigation into a complaint indicates criminal conduct exists, the investigating officer prior to proceeding with the investigation will contact the District Attorney’s Office to coordinate the investigation.”

Although the policy seems to require that contact for that purpose, the District Attorney’s office did not coordinate the grand larceny investigation.

“We don’t have that many” criminal complaints against officers, Chief Read said. “In the past, when we’ve contacted the District Attorney straight away, we’ve been asked if the investigation is preliminary.” If it is, the DA’s office does not get involved, and would only do so if a criminal violation is found, he said.

Robert Clifford, the communications director for the Suffolk County District Attorney, contacted prior to the interview with Chief Read, cited the same protocol. “In this case, the SIPD found no criminal wrongdoing and consequently was under no obligation to contact this office,” he stated in an email.

Mr. Clifford was also asked if any state laws dictate how a police department is to proceed when a criminal investigation implicates one of its own officers. He said that there are no such rules and that each department follows its own policy.

While the SIPD has a policy on personnel complaints filed about an officer’s conduct, it does not have a written policy on what to do when a routine criminal investigation implicates an officer. Investigating officers do, however, inform those reporting such a crime that they can file charges directly with the DA’s office. “We clearly make that option available,” Chief Read said.