Saturday, July 19, 2008

Officer Suspended for Not Arresting Woman

GREENFIELD, Ind.

A Greenfield police officer is serving a 45-day unpaid suspension resulting from his handling of a traffic stop and narcotics investigation.

Policeman William Phillips decided not to arrest a Greenfield woman on a charge of impaired driving, even though she had failed field sobriety tests, according to a Greenfield Police Department report of the incident that began about 3:45 a.m. June 19.

Greenfield city officials have refused to release documents or other information relating to the disciplinary action, saying only that the reason is failure to follow standard operating procedures.
But authorities have confirmed the suspension is connected to that incident.

The woman involved in the traffic stop, Jessica Bewley-Johnson, was fatally injured in a traffic accident June 21, two days after she was stopped and released. According to a Greenfield police report, Bewley-Johnson was driving south on Broadway Street in Greenfield when her vehicle crossed the center line and struck a northbound dump truck.

Authorities discount the connection between Phillips' actions and Bewley- Johnson's death, saying she was not impaired at the time of the accident and would have been free on bond at the time of the accident even had she been arrested.

Greenfield Police Chief John Jester forwarded information about the traffic stop to Hancock County Prosecutor Dean Dobbins in case the prosecutor wanted to pursue criminal charges. Dobbins, however, said he has seen no evidence indicating to him the police officer broke any laws.

Both Jester and Greenfield Mayor Brad DeReamer defended their decision not to release details on the specific reasons for Phillips' suspension.

"I believe in openness, and I campaigned on it," DeReamer said. "But our attorney (Gregg Morelock) advises me that I have been wrong since I took office in discussing personnel matters so freely. If we open up (certain details), the employee has a right to sue us."

Bewley-Johnson, 26, Greenfield, had left a party where police believed drugs and alcohol were being used, and the homeowner was a passenger in her car.

According to the police report, another officer performed field-sobriety tests in which Bewley-Johnson showed evidence of intoxication. Phillips then took Bewley-Johnson to the Greenfield police station for additional tests and questioning.

"Ms. Johnson was asked several questions (about) the residence she left and did not wish to answer the questions," the report states. "Ms. Johnson requested to have a lawyer with her during questioning. Ms. Johnson was given a ride back to her residence with no further incidents that occurred."

Dobbins said Phillips might have a valid reason for not making an arrest, suggesting that he might have wanted to get back to the residence on the west side of Greenfield where the party was occurring in order to pursue possibly more serious criminal activity.

Police eventually did confiscate drugs found at the home and arrested the homeowner, Christina Helsley, 28, on a charge of possession of illegal drugs.

To judge whether Phillips' suspension was proper, the public needs more information, said Steve Key, legal counsel for the Hoosier State Press Association.

"Public policy calls for information to be made available as a protection to the public so they know disciplinary actions are being handled correctly and also as a protection for the employee to make sure they're not being made a victim of political retribution," Key said.

Phillips, 30, joined the department in 2006. He began serving the suspension July 12.

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