Posted on 07/09/2008 10:35:55 PM PDT by Huntress
SPRINGFIELD -- The Greene County sheriff fired a correctional officer who was charged this week with misusing his position for personal gain. A detective says Steven Donovan used a computer system that he didn't have clearance to use -- to clear his name. Donovan is charged with misuse of official information by a public servant. That’s a misdemeanor that could get him up to a year in a county jail if he’s convicted or pleads guilty.
The detective says Donovan admits he cleared a warrant for his own arrest from Phelps County on a statewide computer system known as MULES (Missouri Uniform Law Enforcement System). The warrant was for failing to appear in court for a ticket for not having insurance on his vehicle, a ticket that Phelps County prosecutors dismissed in May after Donovan showed he does have insurance.
The problem for Donovan is the warrant remained active on MULES, and it was preventing him from getting a permit to carry a concealed weapon. The detective’s probable cause statement, filed in court with the charge on Monday, says Donovan spent weeks trying to get Phelps County law officers to remove the warrant from MULES.
"Anyone who has MULES access -- the Highway Patrol -- it is drilled into your head who is authorized to use it and who is not authorized to use it and proper uses of it,” said Greene County Prosecuting Attorney Darrell Moore.
This is a first for Moore. What was just a traffic violation against a correctional officer turned into a criminal charge -- and cost Donovan his job.
“What he did to try to fix it himself was wrong,” said Moore.
Det. Deborah Wade’s probable cause statement says Donovan, who worked in the county jail, is not certified to use MULES, the law enforcement database that contains everyone's complete criminal history. Yet Donovan got into the system and erased the warrant for himself from Phelps County.
"The entering agency has to remove it,” said Greene County Sheriff Jack Merritt. "He made a very bad choice to manipulate the system for his own benefit."
According to the probable cause statement, Donovan admitted to using a computer in the booking area of the Greene County jail to access MULES. He also told the detective that he had used that terminal and that computer system as a part of his official duties for more than two years without knowing it was off limits to him.
“He advised that he has never gone through MULES Certification and was not told that it was against the law to use the information found for personal use,” Wade wrote.
"I'm sure that someone -- an authorized person -- had entered into it and he just accessed it afterward unbeknownst to them,” said Merritt.
Merritt said he doesn’t know how someone not authorized to get into MULES did that but that his department would look into it. Merritt also turned that question over to the Highway Patrol for investigation, something he routinely does when an investigation involves someone in his own department.
"If we intentionally and repeatedly violate it, that's a concern to me and that's why we are very concerned to get this corrected,” the sheriff said.
Merritt says he had to fire Donovan.
"He had violated the law; I had no choice but that,” he said. "Sometimes it takes an error like this to really realize you do have a mistake happen."
The problem for Donovan is the warrant remained active on MULES, and it was preventing him from getting a permit to carry a concealed weapon. The detective’s probable cause statement, filed in court with the charge on Monday, says Donovan spent weeks trying to get Phelps County law officers to remove the warrant from MULES.
I can't say I really blame this guy for helping himself in this situation. He tried going through channels and it clearly did not work. What I want to know is why Phelps County wouldn't clear the warrant after the charge against him was dismissed.
I’ve spent a night in jail because some numbnutz didn’t clear a warrent from MULES...
Went in with a lawyer later who demanded to see it actually removed while he watched. The lawyer said I should have let them keep me for three days and I would have had a case to sue them, but it just isn’t my way.
I bet a lot of people wish they had SCMODS!
It sounds like the Phelps County Sheriff is not running for reelection this year.
The county seat is Rolla, Missouri a college town (University of Missouri School of Engineering) located about half way between St Louis and the Springfield - Branson area.
From personal experience I have known felony's with outstanding warrants to be incarcerated then released from the county jails. In short there are many times no one checks the MULES.
What this guy did was wrong. Under Missouri Law (proof of insurance) you are guilty until you prove you are innocent. With the incompetence of some law enforcement officers you are still guilty after you do.
These are the same people who will protect your life when you call 911. Better by far to own a 9mm or 40 cal.
Missouri is a shall issue state, I can understand the mans frustration with the system from the way the article reads
What he did was wrong, but it should have been a non event.
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