I think kudos are in order for Police Officer Kenny Yellen. I realize this happened down in Montpelier, but I want to highlight the important story that does not seem to have been widely reported.
This is the case where Kevin Buttars (who used to serve in our local Bonneville County Sheriff’s Office) was accused of “excessive force, verbal abuse, and simulated sodomy” against Jared Finley. Finley was arrested March 5th, 2007, and assaulted by Buttars during questioning. Buttars verbally insulted Finley’s dad (who was Buttars’ boss at BCSO), wrestled Finley to the ground, and simulated performing sodomy on Finley.
This would have normally been yet another “he said/she said” where the police officer is traditionally believed in the absence of contrary evidence or witnesses. However, Officer Kenny Yellen testified to the truthfulness of Finley’s version, saying he could not watch while Buttars committed battery. Yellen seems to have known it was wrong, and that Buttars was going to deny it. Yellen later recorded Buttars admitting his inappropriate actions, instructing Yellen to not report the truth, admitting he simulated sodomy in order to embarrass Finley, and saying it would be easy for Buttars to cover up.
Buttars was found guilty after an hour and a half of jury deliberations, and will be sentenced on February 11th to a maximum of one year jail and a $1,000 fine. The Montpelier police chief David Higley is accused of also trying to cover up the incident, was also fired, and is facing his own trial at a later date. Incredibly, Buttars and that police chief are attempting to sue Montpelier for wrongful termination. I somehow doubt those cases will succeed after this conviction.
I think the big story here is that police officer Kenny Yellen acted bravely, ethically, and sincerely. He stood up to an obvious good old boy system to do what he felt was ethically correct. KPVI quoted Idaho Deputy Attorney General Stephen Bywater as saying “[Yellen] was a young officer … dealing with much more experienced officers so I was very proud of [him] being willing to tell the truth and stand up.”
Kenny Yellen is the type of police officer we need more of in Idaho. I hope our Idaho Falls Police Department gets the chance to hire Yellen away from Montpelier. I hope the Idaho POST Academy uses this case as an ethical case study when training all future Idaho law enforcement officers. I hope Idaho Governor Otter can award and honor Yellen for his brave act.
I think kudos are also in order for KPVI News 6 and reporter Ashli Kimenker. Cameras were not allowed in the courtroom, so Kimenker appears to have sat through the two-day trial and took notes – like a good reporter should. Another news outlet reported the verdict in a paragraph, completely missing the real story here, and another news outlet had zero coverage.
What do you think?
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{ 67 comments… read them below or add one }
just an FYI: Montpiler is not in the coverage area for the local media, they’re in the Salt Lake Coverage area. Most Folks down there don’t get our stations or newspapers.
At least the media got it correct this time by stating the correct police agency. When this all happened the Post Register’s headline read IFPD officer Kevin Buttars assaults Finley or something like that. Only problem was that Buttars never worked for the IFPD.
I think people would be very interested to know the whole story about Buttars. Those of us who know him from his time at Bonneville County were not surprised by this as it was this kind of loose cannon demeanor that led to him being pushed out the door of the BCSO. I won’t say more since it deals with personnel issues that I can’t back up since the media never reported them or likely even knew about them. Lets just say though that criminal charges were considered but at the end the loss of his job was considered enough. Montpelier must have been pretty desperate.
I feel bad for Yellen though. He was brave but I’m sure he has already felt and will continue to feel a lot of retaliation for what he did. Whistleblowers always gets screwed.
Officer Yellen is a credit to police officers everywhere. The fact that he took it upon himself to record Buttars was an excellent move and shows all of us that the vast majority of police officers are hard working and honest folks just like the people they serve.
This is a good example of the system working well with honest participants who went the extra mile to uphold honesty and integrity of the Courts and the police department.
I hope that Buttars never works in law enforcement again. He should go back to towing trucks…his redneck and foul mouthed personality fits that best.
I would be concerned about the whistle blower status too. I don’t know what Montpelier is like as far as the culture of the police dept. and community. However, I can’t help but think that most people would applaud him.
Even in Idaho Falls, I can’t think of many officers that would tolerate what Buttars did….let alone cover it up. I hope that Yellen can move ahead with his career without this hanging him up.
friend: Good point, I didn’t realize that aspect.
others: I remember the PR headline snafu, that was not good at all. I think also I remember the PR apologized and corrected it the next day on the front page.
As for Yellen possibly being ostracized in Montpelier, that’s why I say come on up and we will be glad to have you on the Idaho Falls force.
I also think kudos would be in order for this officer. It’s incredibly difficult to report a coworker, there could be unintended side effects for the rest of his career. (I’d like to think all of them would be good, but as Mike noted, there’s no accounting for the human nature response to a whistleblower…)
I also think this really points to the unintended consequences of “pushing” a bad officer out of their job, without further action, so the bad/rogue cop can go get a job elsewhere and become someone else’s personnel issue.
Not that this is a law enforcement (only) practice…it seems that all employers end up taking this easy road when they can. But for some issues, and some types of employees, it can set the stage for really terrible future consequences.
I don’t think Idaho really has an issue anymore with officers getting in trouble with one department and then going to another. POST, aka Peace Officers Standards and Training, is the entity responsible for all things law enforcement in Idaho including officers certifications. Without a certification you can’t be a police officer unless your the sheriff but thats another issue entirely. Within the last year or two, this was after Buttars left the BCSO under a dark cloud, they hired five or six investigators who do nothing but investigate ethics complaints against police officers. Without question had they been around with Buttars was in trouble with the BCSO they would have yanked his certification and he couldn’t have gone to work for Montpelier. Without any doubt they either have already or are about to yank it now that he’s been criminally convicted.
Thanks for the info, anonymous. That eases my mind.
Jared is my brother and I am very thankful to Officer Yellen for his courage to stand up to bullies in Montpeiler. I hope someday I can personally thank Officer Yellen for being honest when it could have been easier to lie. I am glad Buttars is gone and hope something like this never happens to anybody again. I will be at Buttars sentencing Feb 11th! Hope he rots in a jail cell for the whole year and gets the full fine. he deserves much more for what he put my brother through! Kudos to Yellen even though he deserves more!
Our family is grateful to Officer Kenny Yellen for his courage and honesty. We also have admiration for the Mayor of Montpeiler and the Sheriff of Bear Lake County who maintained a professional and helpful position during this whole process. The Idaho State Police, particularly, former Trooper Davis, also displayed integrity. The Attorney General’s office and the POST Academy worked tirelessly in seeking justice. The jury members sat and patiently listened with an open mind to two long days of testimony. All of these entities, individually and collectively, have restored our faith in the law enforcement and judicial systems. We also thank the Post Register, Channel 6, the Idaho State Journal, and others for telling the story.
We are anxious to put this behind us and help Jared heal and get on with his life. Sentencing will be held on February 11th for Kevin Buttars. I trust the judge will not let us down.
im also jared’s sister and i dont think our family can thank kenny yellen enough. all of us have the up-most respect for him and we are so thankful he was there that night on march 5th. i hope he will be there on feb. 11th so i can shake his hand. thank you so much!!
Dont forget the reason everyone was there that night! Jared Finley had been arrested of a crime…DRUGS. Jared is a career criminal, I am sure Officer Buttars was aware of his past and his actions.
Sure thing, and if convicted through due court process then Jared Finley should absolutely be appropriately punished. “Career Criminal”? I hope you are referring to an arrest record across many year’s of this young man’s life. A statement like that can get you sued for libel.
The key idea is appropriately punished after due process. Kevin Buttars apparently felt qualified to serve as cop, judge, jury, and executioner in at least this instance (and probably others).
I looked up Mr. Finley’s court record….he is not a career criminal by any stretch. He was convicted of Battery the night that he was assaulted by Buttars. Finley had been in a fight with another person. He has other issues with alcohol and traffic offenses…..but he does not have convictions for any other serious offenses and has never been arrested for a felony in any county in Idaho. The issue is not about Finley….it is about abuse of power by Buttars. Nice try with the Career Criminal line but it just doesn’t wash.
I don’t know if anyone is aware of this or not. And I may be opening Pandora’s box. But you right there at the comfort of your own computer can look up anyone’s criminal record in Idaho. And you also see their civil record – divorces, lawsuits, collections, etc. You don’t need to go down to the courthouse. You don’t need a special password. Look up yourself if you want. I found the speeding ticket I got over ten years ago and a record of my divorce. I looked up my ex and found she had gotten a few traffic tickets since we split. Its fun, its nosy, its informative.
http://www.idcourts.us
One caveat. The same person may show up multiple times if they have stuff in different counties or if their personal info was different from one filing to the next. And sometimes it can be hard to differentiate between two people with the same name unless you know how old they are.
Take Mr Finley since his criminal record is in question. I just looked him up. From it you can tell a few things:
1) He really needs remedial driving classes.
2) He has an alcohol problem with quite a few arrests for alcohol related offenses before he was 21.
3) He has a few arrests for drug related charges.
He wasn’t convicted of everything he was arrested for but that is often common since most plea bargains go – plead to this and we’ll dismiss this. So basically I’d say he’s got some issues and is on a bad path. But none of that excuses what Buttars did and hopefully Buttars goes to jail for a while.
Wow, thanks for the link. It can actually open up a Pandora’s box for anyone. I ran my own name, found my divorce, and each detail of when we went to court, papers were filed, etc. Wow! I looked up my ex’s record and what he has been up to since the divorce. (whew – good thing I filed) Then I ran few friends and family members for kicks. The sad thing is, my aunt and uncle went through a pretty hairy divorce, and every single court action is recorded for anyone to read. I don’t understand why things like this are public record. Why can’t it state the person’s name, and the divorce date, period?
It’s amazing what this site shows on people. It can be advantageous, ie my uncle is involved in rentals around town, and this can save him a lot of legwork and phone calls to each specific county checking on applicants like he does now. Same goes for anyone checking backgrounds before they hire a new employee.
If you click on “case history with ROAs”, you get a long list of anything that happened in court on a particular case. I recognize the format as similar to the ISTARS system found in any courthouse for lookups. it looks like they’ve consolidated the counties into one system, except Ada, which will come online later,
All I can say is it’s scary but interesting what you can look up on people, and what they can look up on us right back.
I did the same thing, found interesting things about my family and friends and neighbors and an ex, too (I also was saying, ‘whew’!)
Interesting site. I agree it would be useful for various reasons, and I’m glad to know about it.
I also understand that despite the past of the person being arrested, the officer had an obligation to be above reproach, as we expect our officers to behave while on and off the job.
Unfortunately, as is the case in most whistle blowers, Kenny ended up leaving the Montpelier Police force, and is now a deputy sheriff in Lincoln County Wyoming. Rob Davis left law enforcement entirely after 6 years.
Post was investigating Kevin Buttars for almost a year before Montpelier Hired him, and a year later they still are.
What proof do you have to back up your STORY about the POST investigation on Buttars? You seem to act like you know a lot and run your mouth a lot but you never really say what about or how you know.
I was just about to ask that same question! I am sure he works for either IFPD or Bonneville County.And its just ridiculous to say that things have cleaned up since kevin has left, what a fool to make such a comment. Are you sure you didn’t mean Kimball Mason? Did you know him or were you involved with him? I am almost positive thats why the POST would be there! And what about Erickson? Oh don’t forget about crooked Shaw.(Was he forced to retire?) I can’t remember. And who was sued for doing a bust on the wrong home? Now that couldn’t be a reason for an investigation could it? NO! I did’t think so!
You know every police officer has a friend somewhere……(another one). Maybe they are friends. Your family should check into that.
Just a thought.
Peace Officers Standards and Training has been extremely slow in addressing these type of investigations. At one time they had three investigators for the entire State. Recently they hired additional personnel as outside contractors to take up the slack. POST has a long list of investigations that are over two years old due the backlog. POST instituted this as a means of investigating allegations of wrong doing against officers. However there is a reverse side to the problem. If you are a officer under investigation and it takes over two years to prove that you are innocent or have committed an offense, you have been placed on hold longer than a criminal defendant who is afforded a speedy trial within 6 months. You also have to consider when new City Councils are elected these investigations spike to a high degree. As new Mayors come into the picture they choose to get rid of previous Chiefs in attempts of placing someone who is friendly to their way of thinking. An example would be to look the other way if relatives have been caught previously by the former administration violating the laws and have been treated like the rest of the public. During those periods POST is bombarded with these type of filings which make it extremely difficult to catch up on the legitimate investigations that need to be handled in a timely fashion. When POST implemented this unit to investigate allegations, they failed to consider giving officers the same rights that the criminal defendant has. As a result you have investigations such as Buttars that are still outstanding or Post is not willing to admit that an agreement had been reached prior to this latest incident in which they are not allowed to discuss due to confidentiality agreements in the settlement.
Cool,
Let’s compare Buttars and Mason to each other. While we are at it, let’s place blame on any other officers troubles instead of focusing on the troubles of Buttars. Afterall, this thread had nothing to do with Buttars, right?
What a great concept. Perhaps the anonymous posters should label themselves “Defense Attorney’s For Hire”. They sound just like mouthpieces that are apologists for Buttars boorish and criminal behavior.
Shalyce and anonymous,
For your information, I would probably check the news examiner article dated September 5, 2007; titled: Montpelier Police Officers considered for decertification. I am sure that this article will demonstrate where Anonymous got his information from. Also I would check News Examiner article dated Ocotber 17, 2007; titled: City terminates attorney, hearings pending for others. In the first article, it says Buttars and Higley are up for decertification. The second article discusses that Buttars has been up for decertification for a long time. Is this detailed enough for you, or are you still not satisfied? Both of you seem like competent people. I can assure you that I sympathize with you regarding defending your own brother. Despite that, I cannot sympathize with you continuing to make things worse by posting anything at all on these blogs. I have seen you make a fool out of yourself on the Idaho State Journal Blog. Why is Kevin not defending his actions himself? Why do you have to defend his actions for him? The longer you defend his actions, the longer and drawn out the forgetting process will take. When was the last time anybody talked, or even thought about Scott Shaw from Preston, Idaho? It was a big deal for a long time, but eventually, everybody forgets. Let this be one of those things. Lets move on.
It amazes me that things finally came full circle! I find it odd that not only is this an issue but seeing Scott Shaw’s name brought up again was this a surprise. Some people think law enforcement means they make the rules. And that includes an attorney. One thing I have watched happen is Bear Lake makes the rules as they go and according to how it fits them.
If you are refering to me, I do not live in Montpeliar.I don’t even live in Idaho! And as far as Scott Shaw goes, who the hell is he? I was speaking of a crooked IF police officer. I am sure any of the old timers will know exactly who I am speaking about!
Have a Great Day!!
Mrs Buttars-Anderson. You clearly are upset over what your family member did. But don’t besmirch innocent cops names in trying to make your family member look better. Dennis Shaw, the only IFPD officer with the last name Shaw, retired normally about eight years ago to work private security overseas. Since then he has returned and is currently employed by the school district as a high school resource officer and he wears an IFPD uniform while doing so. If he’d been forced to retire as you claim there is no way the IFPD would have signed off on him to come back and wear their uniform. For those who don’t understand – high school resource officers are not employees of the IFPD even though they wear IFPD uniforms, rather they are reserves, but the IFPD still has to approve them. Shaw may be many things – a pathological liar in the storytelling sense – but what your claiming is untrue and is a pathetic attempt to deflect attention from Kevin Buttars who has now been fired or forced to resign from two agencies.
Thank-You for that information! I will be making a trip to Idaho Falls to the police dept. Again I have been lied to. Of course I will be making some phone calls, hopefully getting an investigation of my own open on the IFPD! Believe me, I have first hand experience with Dennis Shaw, I know what he is all about. I’m not trying to shy attention away from Kevin. I think what both of them did was wrong. I want everyone to quit making Jared as this poor picked on saint, because he’s not. He is just as guilty!!!!! They both made very poor decisions that night. It just seems worse because he was an officer, well he is human too. What about the abuse Jared gave to him? It really doesn’t matter! Don’t even respond to that. It is what it is! Whoo, now it’s great to hear that the POST has hired additional staff to investigate. Not only will this affect Shaw but also I can think of a detective, police chief or captain. A bunch of worthless jerks (putting it nicely).
Its well known that Jared’s dad and Butters did not get along. Jared was no saint. I know, I dealt with Jared on several occasions as an officer and he could really push your buttons. But none of that excuses what Butters did, PERIOD!He had no business going into this situation considering his past history with Jared and his father. His behavior was childish and as an ex-officer I am glad he is gone.
Probably not! He should of taken one look at Jared and took off running! I know I would if I ever came face to face with him.But correct if I am wrong, which I am sure you will. Kevin wasn’t even on duty, they called him in, right? So I don’t think it is fair to say he put himself there. Let me make another comment to the person who said Dennis Shaw was an innocent cop, that is the farthest thing from the truth!!! I have at least 2 police reports that states different! He is nothing but a lying,conniving,twisted sick PIG.
I placed a call today about him to the POST, they gave me great advice! My next step is to the mayor & the papers to tell them my story about what happened and how I was lied too. He hates being proven wrong, and that is exactly what I did to him 11 years ago with a video tape. There is a whole lot more to this story and I can’t wait to tell it publicly. It might be a month until my trip to IF but it will be a good one!!!
Who cares if Butters was called in. he should have refused. It’s called conflict of interest. Only in Butters’ case it was a chance for some payback. Or so he thought. As far as your dirt on Dennis Shaw? Who cares. He’s been a nonentity around here for years.
IFPD is the only agency in Idaho that allows Reserves to act as Resource Officers. This was a hot item of contention a number of years ago when the former Chief placed pressure on POST to allow this type of arrangement. No other agency in the State that I am aware of allows this type of arrangement. Maybe it is time that the new Chief correct this issue and bring these individuals up to full time status if they are qualified. There is nothing wrong with Reserves assisting a Police or Sheriff’s agency, but there needs to be some review of this issue. This is not to blame the current Chief or any of the supervisors, but it was a poor choice made by the previous Chief.
But you must realize why the resource officer position exists the way it does. A few years ago some of the high school administrations and the police administration got into a dispute over who had the authority over the school resource officers. Basically the SRO’s were being ordered to do contradictory things by their two bosses and in some cases they were being told to do things by the schools that were illegal or unethical from a police officer standpoint. In the end the SRO’s are employees of the IFPD, not the school administration, even if the schools are paying half the salary so the SRO’s did what the IFPD would have them do. It culminated in the SRO’s being pulled from the schools and the schools trying to do without. The schools then tried to hire their own police officers but were quickly shot down by POST because they as schools didn’t meet any of the necessary requirements to have certified officers under them. So the school came back to the IFPD with tail between legs begging for the SRO’s to come back. A compromise was finally reached where the schools could hire officers who would be required to reach level I certification (the highest there) as reserves for the IFPD but the school would pay all the salary instead of splitting it. All the resource officers at Skyline or IF are retired IFPD or BCSO officers with one exception and she is a former IFPD officer who resigned for personal reasons (she wasn’t forced to resign).
Then move on & shut up!Who cares? I care! does that answer your question? GOOD!
Did anyone read the story that said Buttars was convicted? I got the breaking news item from the PR.
I saw it on a local news site, effectively 15 days in jail. I don’t think anything was said about him losing his POST certification.
Funny how that Fremont County cop loses his career for a single punch to a lousy punk who verbally abused his daughter to tears, but Kevin Buttars wrestles a suspect down and simulates gay anal sex on him during an interrogation and may still be able to continue his law enforcement career.
According to Montpelier News Examiner, Kevin Buttars was decertified at the end of February. This means that he can no longer be a cop. I just wonder where he gets to serve his jail at. Normally, cops don’t go to jail where they worked. I wonder where he is….
Someone told me today about an old job working with prison trustees. After he finished a day’s work, someone asked if he knew two of the prisoners’ stories. One prisoner was the former secretary of state for that state, had embezzled about $60 million and was almost done with his 6-month sentence. The other prisoner had stolen a bread truck and was serving his fifth year.
That seemed analogous to Kevin Buttars getting sentenced to a measly 15 days in county jail.
You guys should check the stories on Buttars again. You’ll see that he got 15 days but he’s being allowed work release so the problems housing him will be less. Most likely he’ll be given a solitary cell when he’s actually at the jail.
Well that’s nice to hear Idaho justice still works.
Has anybody thought about recommending those three officers for a commendation from the governor. (The three officers being Ludwig, Yellen, and Davis)
That is a great idea, and they should!
Oooh, do I detect the tiniest whiff of an admission that ALL officers aren’t perfect saints? Or is this just because this guy’s not local (anymore)? What exactly was the reason he left since none of our local cops are anything less than perfect all the time? Did Montpelier offer him a bigger paycheck?
Shalyce, I wish you every success in making a complaint about a local officer to the IFPD. Don’t spend too much effort as it will only result in the tried and true stone-walling that has been the inevitable result of every officer complaint made for time immemorial in our little town. In your comment #20, you mentioned the officer who was sued for barging into the wrong house. That cost us taxpayers fifty grand to the people who lived in the house and heaven only knows how much in legal fees, but the party line at the end of the day was that he had done nothing wrong, they just settled because it was cheaper than fighting it. Now there’s an interesting argument! I wonder if there is a single living soul in our little town who finally plead guilty to a crime he was innocent of because he simply couldn’t fight it anymore for emotional, mental or financial reasons. Oh, woops, that argument won’t fly on this site. You see, here we believe most definitely in the double standard. If you commit a crime, you must be punished. If the cops commit a crime, it’s a wink-wink, nudge-nudge, look the other way. If a defendant pleads guilty because he just can’t fight anymore then he plead guilty because he was guilty. Now, Darin Moulton, he settled the case because he was innocent but broke. Makes sense to me. NOT!
Speedy trial? (Comment 22) When the defendant starts making an argument instead of just pleading guilty, there is no speedy trial. In Comment 15, they refer you to the website where you can look up cases. See for yourself how old some of these are. Prosecuting Attorney Trial Tactics 101. If you can’t make your case, delay, delay, delay, until the guy just gives up out of frustration or financial hardship. Justice hasn’t seen the inside of our courthouse for years. Our prosecutors care nothing about justice, I don’t think they even know how to spell it, let alone what it is. Only convictions matter, no matter the cost.
Another Guest (Comment 43): Do I detect a note of bitterness in your comment? It appears to me that you have run up against the law and the end result was not what you wanted. But how many of us who do run up against the law get the result we want? Your comment to me sounds like “sour grapes”.
Actually, I’ve never been arrested, never been charged, never even be accused of a crime. I have however seen a few of our city’s “finest” in action and don’t believe, like others here, that ALL our officers are perfect. No bitterness. No sour grapes, just don’t like whose watching my back at night. Actually, I know several officers on the force and they are good honest decent hardworking people. There are a few who should be outed, just like Kenny Yellen did, but our officers won’t do that. Why not? The problem is, you don’t know which one you’ve got, a good one or a bad one? I don’t play russian roullette, do you? The odds are about the same and so are the stakes – your life. Nobody’s perfect, but the folks who post here believe IFPD officers, ALL OF THEM, are. And if somebody dares say different, you better run!!!
I guess the question is this. Do you become an officer with the IFPD because you’re perfect or do you become perfect because you’re an IFPD officer?
Healthy skepticism of government is a good thing. However, when persons begin to get paranoid that the entire police force is an evil tool this is dangerous and frankly, leads one to believe that their argument takes on the same significance as the little boy who cried wolf. People turn off and stop listening to true stories of abuse.
If you personally have experienced a story of misconduct by all means post it. Otherwise, don’t jump on the bandwagon about bad and corrupt cops just because it feels good.
Mike, do you really read comments before you reply? Did I say the entire police force is an evil tool? Quite the contrary, if you’ll read my post again. I said a few need to be outed. But thank you ever so much for proving my point for me. I dared to say that we may have A FEW officers who need to be dealt with on the IFPD and you respond by attacking me as being dangerous and of crying wolf. I get attacked enough for stating the obvious – that ALL our officers aren’t perfect and that we have A FEW who need to be dealt with. I don’t need to open myself up to the attacks experienced by others when laying out the details. I would think the reverse would be true. Your staunch belief, evidenced substantially in your posting, that ALL officers are absolutely, unequivocably, perfect, without exception, makes me wonder about you and whether it is you who needs a bit of a reality check. As no one is perfect, how can ALL cops be perfect?
So come on, Mike, here’s your challenge for the day. Admit, at least to yourself, that not ALL cops on IFPD are PERFECT. Give it a try. I bet it won’t hurt.:)
To the poster in comment #43.
You scoff at the notion that lawsuits are settled because its cheaper than fighting it. But this is common practice all the time in the legal world in every type of torts and lawsuit, not just ones involving the police. But don’t let facts blind you to your police bias.
Also, the lawsuit you mention didn’t cost the taxpayer anything. The IFPD like nearly all police agencies are covered by an insurance fund that pays for such settlements in such cases. Some of your tax dollars go to buy this insurance but that happened before the lawsuit and still happens today.
I did not scoff at the settling of the lawsuit. What I scoffed at was the posters refusal to equate Moulton settling his case out of financial considerations while insisting he was innocent, as did Livesey, in comparison to a criminal defendant settling his case for the same reason. I spoke with someone just yesterday who said they couldn’t afford to fight the criminal charges any longer. He had already sat in jail longer than the sentence would have been, but his parents couldn’t afford to keep paying an attorney. So he’s settling because he can’t afford to fight any longer. Prosecutorial trial tactics 101. If you can’t prove the case, delay, delay, delay.
I simply made a comparison between Moulton’s reason for settling his civil suit and a criminal defendant settling his legal case. The reasons for settling appear on their face to be similar – financial concerns, but the outcome is totally different. Moulton will not carry a criminal record for the remainder of his life which will be read out over the dispatch airwaves every time he’s pulled over for a broken turn signal. The criminal defendant will.
I realize you will argue the difference between civil and criminal matters. I didn’t say they were exactly the same, I said they bore similarities. I would challenge you to remember one thing, our constitution guarantees that we are innocent until proven guilty. As a criminal defendant is “guilty” when he settles his case, I say Moulton should be “guilty” when he settled his case. The same argument should apply to both cases. If the criminal defendant was innocent, he should have fought to clear his name. Shouldn’t Moulton be held to the same standard of belief?
I will tell you that Moulton did not settle the suit. I also understand that he was extremely upset when the insurance company informed him and the admin that THEY had settled the suit. At least this is the information that I have received. I do not know how to verify this as the insurance company will tell you it is confidential and in most of these types of settlements neither party is allowed to discuss it afterward. I may be completely off base here and would like to hear from someone that has more knowledge, but I do not believe anything else could be revealed other than our speculation.
I have had a personal situation with insurance carrier that wanted me to say the other person was also at fault for an accident. I had to yell and scream for them to understand that the accident was MY fault only and they needed to pay for the repairs to the other person’s vehicle (taht is what I pay them for). It seemed to me that they will do anythin they can to save a penny. Could this be the same situation as the Moulton case?
I know Moulton was upset about the insurance company settling the case too. Many folks agreed the city should have fought the case. It’s a business decision for the insurance company. It’s a personal integrity thing for the people involved.
Also, lets get some facts straight on what Moulton “did.” This is how it was explained to me so I admittedly say this is 2nd hand and if I’ve got facts wrong then feel free to correct me anyone that knows. Basically Moulton saw a guy he knew had a warrant standing on someone’s lawn. Moulton got out of his car as the guy ran into a house. As Moulton reached the house the homeowner denied Moulton entry and claimed the guy wasn’t in there. Moulton went in anyway and arrested the guy with the warrant. He may have charged the homeowner with obstructing for trying to hide the wanted person.
Forget the 4th amendment because what people don’t realize its not the constitution that matters on these things, rather its he mountains of case law pertaining to the constitution that matters as the 4th amendment only means what the courts say it means. What Moulton did is a grey area and depending on which case you cite what he did was legal or it may have been illegal. An arrest warrant is viewed in some cases the same as a search warrant only here you are going to go seize a person which is what Moulton did. Moulton also fell under the legal doctorine of what is known as fresh pursuit since he personally witnessed the wanted guy enter the house. On the other hand Moulton entered a house against a homeowners wishes. As I said, its a grey area with conflicting case law. Even if you say it was illegal the overall harm to the homeowner rights was minimal.
The insurance company, not Moulton, settled the subsequent lawsuit. Moulton was not happy about it nor was the brass at the IFPD. But they don’t have a say in the matter.
Thanks, anon 52, for the explanation. I don’t know how I feel about that situation.
On the one hand, I’d have said, go get him. On the other, I’d have said, doesn’t the homeowner have the right not to admit anyone without a warrant?
Even though the homeowner was obstructing a law enforcement officer in the pursuit of a criminal, aiding and abetting, etc etc, I wonder, would I think it was okay, if a law enforcement officer forced his way into my home because he was certain someone was there that he had a warrant for?
I used to work for a man who liked to take things to the extreme. He’d stretch things way out of proportion, to make a point. It helped me to see the big picture, sometimes.
So I guess when it’s all said and done, it appears that Moulton should have called for backup, gotten the search warrant or whatever legal thing would let them in to get the bad guy. Then charge the heck out of the fool who tried to harbor the fugitive, etc.
Do it legally and the insurance company won’t be paying anyone off. And the person won’t get off in court, either.
Of course it’s really easy for me to take that view now, sitting here safely in my home and not on the streets risking my life, trying to keep this town safe for people like me. Armchair cop, without having a clue.
I understood an additional piece that the tenant of the property was on probation. Moulton saw the guy (who was wanted) but didn’t know it immediately until he checked records. Minutes later he returned to the house where the guy had gone inside. The tenant refused entry. Moulton had talked to the Probation Officer (PO). The PO gave Moulton the okay to go in the house and search for the wanted person. The Probationer refused. Moulton went in anyway and arrested the wanted guy and charged the probationer for obstructing an officer.
Sounds like the bases were covered as far as entry is concerned. There must be more we don’t know about though as either example given here seems cut and dried as far as allowable procedure.
Another thing about supposed bad cops. Often what you have is good cops who make mistakes or good people who just really aren’t cut out to be cops. Case in point the two officers who were fired by the IFPD last year.
In one case you had a very good cop with a stellar record. He got caught double dipping when he was taking his lunch break the last hour of his shift to start working his second job in order to make ends meet. Livsey fired him for this despite him being in all other aspects a very good, hard working cop. Coincidentally, or maybe not, Livsey was then fired by Fuhriman a couple days later. I don’t excuse what this cop did but I bring this up to show that cops are held to a very strict standard.
In another case last year you had a cop who is one of the nicest guys you’ll ever meet. His heart was truly in the right place and he truly wanted to help people and make the community better. But he had the common sense of a toddler on crack and under stress he would panic and start doing questionable things including several questionable uses of force. The IFPD tried hard to train him out of this but finally after the worst incident to date he was fired. Point is that he wasn’t trying to abuse anyone or harm anyone, he just was one of those people who aren’t cut out to be a cop.
Point is there are good people who are cops and who make mistakes and I’d lump these two cops I mention in this category. And there are bad cops who sometimes do good things which is where other cops sometimes fall. But we shouldn’t lump them all into one category. And we should also remember that cops are human and will make mistakes. Sometimes these mistakes are not worthy of being fired for and can be corrected. Those mistakes do not necessarily make someone a bad cop. It merely makes them human. Moulton is a good cop who may have made a mistake. But as the story goes, I don’t see that its an offense worth firing him over. Remember Moulton is the guy who would have had every legal right to shoot and likely kill James Rauch a few years ago after Rauch shot Officer Brent Guymon as Rauch was still fighting for the gun when Moulton arrived. Instead Moulton used lesser force and was able to restrain Rauch and this is what led to Moulton earing the Medal of Valor from the governor. Now maybe we should punish Moulton for saving Rauch’s life because now we have to feed and house him in prison for 30 years but I’m being sarcastic. If Moulton was the abusive cop some cop haters paint him out to be he would have put his gun to Rauch’s head and blew him away. And Moulton would have been justified in doing so because as I said Rauch still had Guymon’s gun and was still struggling with Guymon over it at the time.
I agree that we all make mistakes and cops will make mistakes, even legal ones, at times.
But for some reason I want to hold them up to a higher standard, just as we all want to do with politicians.
Someone who wants a politician fired (make him quit) for what he did, surely wants a cop to be fired for the same reason, right? They broke the law, or went over the line, once too many times.
It’s sad but true, we tend to hold them up to a higher standard and we expect more, when really, they’re just as human as the rest of us and make mistakes, too.
“In one case you had a very good cop with a stellar record. He got caught double dipping when he was taking his lunch break the last hour of his shift to start working his second job in order to make ends meet. Livsey fired him for this despite him being in all other aspects a very good, hard working cop.”
In other words you had a cop committing theft, possibly from two employers at the same time. Cops are supposed to catch thieves, not act like them. Sorry, but that’s the ultimate truth as far as the police are concerned. He may have been a good person in your opinion, but he was definitely not a good cop.
Was my use of “all other aspects” not clear? I don’t defend what he did. But lets be realistic about it. He was using his lunch break during the last hour of his shift. Furthermore his secondary job was a police related job where he worked in uniform and would have cleared if need be to go back to his main job. I don’t deny he was in the wrong, thats not even debatable. He also got caught doing this on only his third or fourth time ever doing it so its not like this had gone for years.
You can’t just pretend like the other ten or so years of his career never happened and label him “bad cop.” You can’t ignore the fact that he just earlier in the month had been issued a major commendation award for risking his life to save someone else. Like you can’t ignore his numerous officer of the month awards. Like you can’t ignore his stellar arrest record. Like you can’t ignore his lack of excessive force complaints despite the fact he had one of the highest arrest rates on the department. Like you can’t ignore everything else about his otherwise good performance.
He made a mistake and it was a doozy. But that doesn’t make him a bad cop overall. It makes him a good cop who screwed up. Which is why he already has offers from other local police departments to hire him once its settled at POST, the police training board, on whether or not he’ll lose his certification over this or not.
My personal opinion on this cop is that he should have been suspended for a few months and then not allowed to work any secondary employment. That would have been a huge punishment and served a message to all others not to do it. And Idaho Falls wouldn’t have lost one of its better cops.
Anon #58, your proposed punishment does seem to fit the crime. A good cop like that, if the issue was related to time shifting because of the second job, that seems fair to make him quit the second job and lose his first job in a suspension for a short while.
At least, if the boss didn’t like the behavior, he should have been written up and told it wouldn’t happen again or he’d be fired. That seems reasonable for such a grey area as working another job while getting a paid lunchbreak at the end of your first job’s day.
On the other hand, a good friend I know tells me that lunch breaks are designed to help you get away from the job for a short time, to come back refreshed and rejuvenated and ready to go for the second half of your shift. He tells me that because I don’t go to lunch as I should, instead I continue to work, then I leave an hour early because I’m wiped out.
If you’re not taking advantage of that opportunity to take a break, you’re likely depriving your boss of the very best work you could be doing. Maybe that’s kinda like stealing from your employer, in a way.
Sorry to disagree. I know the cop involved and I can agree that he was a good guy. But, theft is theft. When your job is to deter theft and catch thieves, you can’t double dip your pay check. And that is theft! The fact that both jobs were law enforcement-related makes it only that much worse. Everyone here knows that officers are held to a higher standard and are expected to follow the law as well as the rules. Its not all that hard to do actually. Yes, he could have suffered less sever consequences and I would have been okay with that. But, I am also equally fine with the termination of his job too. It all boils down to one question really. Where then do you draw the line on cops being dishonest? Double dipping, professional courtesies to family members, fixing tickets for friends, stroking extra tickets to people who piss them off? It happens all the time. None of it is right. But it goes on everyday.
If you want to say that officer was disciplined or handled differently for political reasons, I’ll stand side by side with you. But that is another matter altogether.
ExPD, I’m encouraged when I hear such a high standard is supported. I agree that we really do expect it, and where do you draw the line?
I guess the point that was made was that it was his ‘lunch’ hour that he used. Getting paid lunch, then using that time to work another job, doesn’t seem so much like theft for me because it’s a paid benefit, not a time when you are expected to be working for that boss. You can’t really be working both jobs at once, but you could be on a paid lunchbreak and working for another job, I think. Your lunch should be your time to do what you want, even if that is to work for another job during that time.
But maybe I don’t know all the story.
Actually paid lunch may be a misnomer here. The IFPD allows officers one hour per shift for a break, IF they have the enough time. I remember many shifts where we were way too busy to get a break. Some officers ate and some worked out but the understanding was that you could be called off your break at any time when needed, and had to respond to calls. Same would be true for that second job I suspect. Since this officer was being paid by two separate employers at the same exact time, how could he provide his services to both at the same time? Would he have had to refuse a call for service at either job? Yes, if he was needed at both places at the same time. The fact that he was getting paid to perform two jobs at the same time, when in fact he was supposed to be available to the community first, kinda of makes me mad. If there are any employers out there who allow employees to be paid by someone else at the same time, please chime in. As a tax payer, if I am paying officer Doe to be on duty/call even during his lunch break (as the rules apply here), I sure do not want to be paying him if he is in fact moonlighting somewhere else at the same time. To me, and most employers I have spoken to, that is theft. You are getting paid but not providing the service you are being paid to provide. In this case the time being paid for by the IFPD is time you are working for your boss. The public that is.
Thanks for the clarification. If the ‘lunch’ is really only a ‘break’ then I guess it makes sense that it’s not really your personal paid benefit time, as you are supposed to be available for the boss if needed.
And you’re right, if called back during that time, which boss would have to lose out?
Thanks for making it more clear.
ExPd
I’m guessing by your name that you were once a former cop. Whether that’s true or not really isn’t relevant I guess to the point I want to make. You talked about professional courtesies to family members, fixing tickets, stroking extra tickets to someone who pissed them off. You can’t tell me that these called “gratuities” don’t go on in any other jobs out in the world. You can see it from a Presidential Pardon, the man whom we hold to the “highest standard” of all can clear anyone he wants from any wrong doing, to the man behind the fast food counter giving his friend extra fries than he would any other customer. I do however, find it interesting about the comment of stroking extra tickets to someone who pissed the officer off. As far as I care an officer can be pissed off all he wants. That being said if you didn’t commit a crime, infraction, he can’t write you any additional tickets no matter how pissed off he is at you. If he did then there’s the “bad cop” we wouldn’t care who lost his job.
My point being is this. Gratuities happen in every single job, “It happens all the time. None of it is right. But it goes on everyday.” I agree that officers’ do let their friends, or family members off. If you were a cop at one point and you caught your wife, family members, best friend, I wouldn’t be surprised if you let them go. I know if I was a cop, or anyone else for that matter, we wouldn’t give our spouse’s a ticket. I can even relate to a time of when I know I was speeding. The cop told me I was going 12 miles over the speed limit. To my much astonishment he gave me a verbal warning to slow down. I didn’t know this cop nor did I know why he let me go. Do you consider that, “It happens all the time. None of it is right. But it goes on everyday.” Since he let a stranger off with a slap on the wrist, should he not be allowed to do the same for family or friends? To the expectation of cops being held at a “high” standard I do agree. That being said the only reason I agree with that is because not only are they suppose to tell the whole truth, and nothing but the truth, so help them God, but we shouldn’t expect them to be at a “high” standard if we ourselves aren’t willing to do the same. You know the old saying, “Do as I say not as I do” If you can’t agree with that, then your life boils down to nothing but a lie and your comments don’t have much standing no matter who you are.
Observation, Wow! You Rock! Its nice to see someone finally make sense on here! Did you read comments 35 & on. I’ve been trying to comment, but they won’t even post them. Nothing but a bunch of hypocrits!
And just to let you other EX-Annonymous whatever nobodys my brother is doing GREAT! He is not in solitary confinment, hes with the trustees (special privledges) work release everyday, and he gets good time.
Honestly I have never been more proud to call him my brother than I am now! When he worked for BONNEVILLE county I was a bit embarressed. The word speaks for its self!!!
I’ve been trying to comment, but they won’t even post them.
Uhhh, are you having a problem commenting here at IFz? Or are you talking about something else. Please send me an email if you’re having problems commenting here.