."You gotta be kiddin !"
Posted on 11/11/2005 11:28:13 AM PST by kingattax
A Seattle police officer called to a fight between a man and a woman made no arrests and took no report, instead quitting his shift early to take the woman involved to his place for sex.
After an investigation prompted by the woman's fiancé, Officer Lance Basney was suspended for 30 days without pay. But this week, Basney succeeded in appealing that discipline before the city's Public Safety Civil Service Commission; his punishment was reduced to five days.
Still, an attorney for the Police Department was pleased, saying the finding supports the department's position that even off-duty conduct matters.
"We're happy the commission supported the chief's decision that off-duty conduct can constitute misconduct," Mark McCarty, an attorney for the Police Department, said Thursday. "But we believe the conduct justified more discipline."
Sgt. Kevin Haistings, president of the Seattle Police Officers Guild, disagreed, saying the decision focused on Basney's conduct while he was on duty, in that he met the woman through the course of his police work.
"Exactly at what point am I a private citizen again?" Haistings asked. "I don't believe the decision clarifies that."
The case was prompted by an incident in the summer of 2004, according to a report released Tuesday by the commission.
About 10:24 p.m. on June 21, 2004, Seattle police received several 911 calls reporting a fight at the Scarlet Tree Restaurant in North Seattle, with at least one caller reporting that a man had hit a woman, knocking her to the ground.
Basney, a 12-year veteran, and Officer Rusty Leslie responded. The two officers learned from patrons that there had been an argument between a man and a woman, though from their interviews with witnesses, it was not clear that she had been assaulted.
advertising Both officers said the woman showed no signs of having been assaulted and denied that she was a victim of an assault.
The man who had been with her was her cousin, she told the officers, but he had left the scene before police arrived. That man, it turned out, was engaged to the woman.
Witnesses agreed that the woman was intoxicated, though Basney told other officers that she did not appear so to him.
In interviews with department investigators, Basney said the woman told him he was cute and offered to have sex with both him and Leslie.
Leslie declined, but Basney ended up asking to take the rest of his shift off as vacation time, as is allowed under department policy, and cited a personal matter.
Neither officer filed a report on the incident.
Basney drove the woman to the North Precinct in his patrol car. While she waited outside, he changed into civilian clothes, drove the woman to his apartment and they had what was described in the documents as consensual sex.
Later, Basney dropped the woman off near the home of her fiancé. When the man learned what had taken place, he filed a complaint.
According to exhibits filed in the hearing before the commission on Sept. 21, investigators contacted the woman involved, but she did not wish to participate in the investigation.
She said she was too intoxicated to remember much of that night, and did not know whether she was driven home in a patrol car or a civilian vehicle. She denied having sex with the officer, though Basney admitted to it in an interview with an internal affairs investigator.
In December 2004, police Chief Gil Kerlikowske disciplined Basney for failure to take appropriate action, in that he never reported to the department that he was transporting a female civilian.
The department manual encourages an officer to notify dispatch when transporting someone of the opposite sex, and suggests using an officer of the same sex for the transport.
Kerlikowske also found that Basney behaved in conduct unbecoming an officer. He ordered a 30-day suspension without pay.
The commission overturned the chief's finding on Basney's transport of the woman. In its report, the commission members wrote, "While Officer Basney exercised very poor judgment under the circumstances in not reporting the transport, his failure to do so did not violate that departmental manual section."
The commission agreed that Basney's conduct was unbecoming an officer, noting that in order to pursue the sexual encounter, he drove an intoxicated woman, who was the possible victim of an assault and whom he met through the course of his official duties, in his patrol car while on duty.
McCarty, the department lawyer, said Basney has not yet served the discipline, but would soon. Basney could not be reached for comment. P-I reporter Hector Castro can be reached at 206-903-5396 or hectorcastro@seattlepi.com.
."You gotta be kiddin !"
This man is destined to be the next governor of Arkansas.
To protect and the SERVE.
To Protect and Service?
Or uh... something like that!
I wouldn't kick her out of bed unless she wanted it more....
To Protect and Be Serviced?
Car 54 where are you?
Just the facts, Ma'am.
It's her fault. If she had just had sex with the guy she accused of hitting her, no one would be in trouble.
Well he got to shoot his gun and no-body got hurt.
Not only does he have a .45 and a nightstick,
He got GAME.
****The commission agreed that Basney's conduct was unbecoming an officer******
I agree that this is conduct unbecoming an officer.
If his performance was so bad she cant remember it that is very unbecoming.
When you smack your woman up in public, you have pretty thin grounds for complaint when she bangs the cop who came to rescue her from you.
I wonder if there would have been any problem if he left early to bed a man instead of a woman? It is Seattle, after all.
I've never left work early to have sex..... Theres been no need, my employer has been screwing me daily for 33 years.
LOL
When frisking goes bad ping..
And I thought this kind of thing only happened in porn.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.