Officer Charged with Public Intoxication & Disorderly Conduct

ANDERSON

Prosecutors charged a city police officer with a pair of misdemeanors Monday saying he tried to provoke another man into fighting several months ago.

Prosecutor Thomas Broderick Jr. charged Anderson Police Officer Lincoln C. Brooks, 43, on Monday with public intoxication and disorderly conduct, both Class B misdemeanors, and provocation, a Class C infraction. The prosecutor claims Brooks tried to goad Mark A. Kumkoski into fighting him outside Kumkoski’s Home Avenue residence April 7.

Brooks, a 10-year department veteran currently assigned to desk duty, declined comment Monday. Police Chief Darron Sparks couldn’t be reached for comment.

Brooks’ attorney, Bryan Williams, said the officer realizes his mistake and wants to move on.

“We are pleased that it finally got charged,” Williams said, “because he’s ready to get it behind him and move on with his career.”

Broderick said he had two years to file charges, and he wanted to make sure the charges fit the allegations.

“I take the decision to file criminal charges as a serious matter,” the prosecutor said. “He’s entitled to fair review and deliberate review before the charges are filed.”

Brooks will not be arrested. Anderson City Court Prosecutor Eric Saltzmann said a summons will be sent to his home, citing him to make an initial court appearance on Aug. 1. A Class B misdemeanor carries a maximum punishment of 180 days behind bars and a $1,000 fine.

According to the probable cause affidavit filed with the charges:

Kumkoski, 40, called police, after Brooks showed up at his home at about 4:45 a.m., banged on his door and tried goading him into a fight. Brooks was off duty and not in uniform at the time of the incident.

Officers arrived at the scene and took Brooks into custody and then to the police station. Brooks wasn’t arrested that day. Instead, he was questioned and released into the custody of a family member several hours later.

He admitted to drinking several beers before going to Kumkoski’s home, and “admitted that he intended to fight Kumkoski,” according to the affidavit. “(Brooks) stated that due to personal issues that he and Mr. Kumkoski had been having he decided to go to Kumkoski’s house to confront him and settle their differences.”

Brooks, who makes $42,000 a year, was placed on paid administrative leave until returning June 19 to serve desk duty, Williams said.

Kumkoski previously said that Brooks was dating his ex-wife. Kumkoski couldn’t be reached for comment late Monday. Saltzmann said Kumkoski doesn’t face any criminal charges.

“He is not going to be charged with any crime as a result of this incident,” Saltzmann said.

Sgt. William Casey, APD spokesman, said any discipline Brooks could face won’t be decided until the legal case has been adjudicated, likely in mid-September.

Williams said Brooks’ record with the department will likely minimize any discipline he receives.

“I’m confident that they’ll not seek termination,” the attorney said, “but I won’t speculate beyond that.

“What helps Linc when it comes to the department is his 10 years of clean conduct. He’s a good guy who’s very well thought of by the department and the community. He’s human.”

Brooks was given the police department’s Combat Cross Award in February for having faced an armed suspect. Brooks shot to death Cheyenne Miller, 27, in April 2007 after Miller pulled a knife that resembled a gun inside a darkened garage in the 400 block of West 34th Street.

Officers had gone to a house where Miller had been staying, also on West 34th, to arrest him on an outstanding warrant. An internal investigation cleared Brooks of any wrongdoing.

“Linc’s interest in getting this behind him is because he’s been on the department for 10 years without a write-up and now this hits him,” Williams said. “It’s caused him a lot of stress that not only he has embarrassed his family, but also the department.”