McLeod cleared of charges

The hearing examiner in Robert McLeod’s misconduct case has recommended the dismissal of all charges against the Troy chief of police.

In a scathing review of the allegations, Public Safety Officers Standards and Training Council, or POST, Hearing Officer Mike McCarter found McLeod to have been objectively reasonable when he stunned a handcuffed Alfred John (A.J.) Haflich with a Taser in Novemeber 2007. McCarter also ruled to have not seen a preponderance of evidence that McLeod knowingly and willfully falsified his report about the incident.

“I don’t even know how to describe the relief,” McLeod said. “This has been in the back of my mind since 2009.”

POST council members will state their stance on the recommendation during their Oct. 18 meeting. While it is possible council members could defy the recommendation, the threat to revoke McLeod’s law-enforcement certifications has likely been put to rest.

The matter began six years ago when Haflich was arrested and charged with felony DUI and misdemeanor theft after stealing beer from the Town Pump in Troy.

According to McCarter’s findings of fact, McLeod was working his third consecutive 24-hour patrol shift without backup when he was contacted by dispatch at 2:10 a.m. After arresting Haflich, McLeod struggled to communicate on his radio with dispatch as Haflich yelled profanities from the backseat of the patrol car. McLeod then exited his car, unholstered his stun gun, opened the back door and pointed the Taser at Haflich.

A point of dispute was whether Haflich motioned to kick McLeod. While McLeod’s car had audio and video recording equipment, the camera did not capture the incident. Without video evidence, the matter was a battle of credibility. Considering Haflich’s intoxication, his lies about his alcohol consumption and theft and his false accusation that an accomplice stole the beer, McCarter found Haflich’s word weaker than McLeod’s. The ruling finds that Haflich did slide sideways in the seat and lifted his leg in a manner in which a reasonable officer would see as an immediate threat of kicking.

A key statement in McCarter’s 25-page recommendation is that “the wisdom of McLeod initiating the encounter, or best police procedures, is not a factor in the analysis.”

During the hearing McLeod conceded that he should have ignored Haflich’s rant and simply driven him to jail. He admits he would handle the situation differently now with six more years of experience.

An early footnote in the recommendation notes the severity of proposed punishment against McLeod, characterizing it as “essentially a professional death penalty.” McCarter goes on to write, “If the incident indeed merits revocation then the delay in bringing and prosecuting this matter is inexcusable and unconscionable.”

The case has been a hot button issue in Troy for several reasons. During early September  hearings on the merit, Troy City Attorney Heather McDougall and Councilwoman Fran McCully spoke as rebuttal character witnesses called by prosecuting attorney Sarah Hart.

Speaking both personally and professionally, McDougall was critical of McLeod.

“The criminals seem to have no respect for him, and so, they just pretty much do what they want,” she said. “They don’t feel like they are going to get cited, and so that’s something that I don’t really appreciate.”

On Wednesday, McDougall said she accepted the ruling.

McCully, saying she feared reprisal from “a circle of (McLeod’s) friends,” criticized McLeod for what she believed to be poor handling of an ill-advised use of force.

McCarter cited Policky v. City of Seward, a 2006 case that held “that the act of drawing and pointing a gun charged with electricity can hardly give rise to a claim of excessive force.”

Troy Mayor Tony Brown said he was very happy about the recommendation.

“It’s about time,” Brown said. “He had people rooting against him, but he is a devoted, well-respected man.”

Brown also said he was not in favor of McDougall and McCully speaking against McLeod.

“I absolutely love what I do,” McLeod said. “I just cannot imagine being removed right now. I would feel like I really let people down.”