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Agreement reached in Litchfield hearing
Thelma Grimes/San Pedro Valley News-Sun
After three days of negotiations, former Benson Police Officer Darrell Litchfield has agreed to withdraw his appeal to the July 6 termination.
City Attorney Michael Massee and Litchfield's attorney Michael Storie locked horns during two days of testimony in late August. Storie had threatened to file a motion to halt proceedings that were supposed to resume Sept. 11, but did not follow through. Storie had claimed that Massee had acted unethically when he did not disclose that the judge hired to oversee the appeal was his former boss in Nogales.
Judge Jan Smith-Florez once served as the Nogales city attorney, and Massee, who was hired earlier this year by the City of Benson, was her assistant.
However, instead trying to stop the hearing, Storie asked the city for a deal. He had asked for a deal right after the two-day hearing was continued, but the city rejected it.
After asking for a deal again, Interim Police Chief Paul Moncada said they started negotiations Sept. 8. The negotiations continued through Sept. 10 when a partial deal was finally reached.
"Agreeing to a deal was a decision that looked fair for everyone involved," Massee said. "It was a fair and reasonable solution for all."
Massee said the city agreed to allow Litchfield to resign rather than be fired, but the attorneys could not come to an agreement on another aspect of the deal Storie requested.
Litchfield, who had served as the city's K-9 officer for the last nine years, was terminated in July after Moncada conducted a six-month investigation that started with a domestic violence call at Litchfield's home in January.
Testimony from officers at the scene said that Litchfield was intoxicated and had called police after a fight with his wife.
According to reports, Litchfield became belligerent with officers when he was asked to leave the premises. He was not arrested at the scene, but David Bunnell of the Cochise County Sheriff's Office said a child at the scene reported Litchfield had allegedly kicked his wife before the police were called.
While Litchfield never took the stand in his own defense, his attorney argued that Litchfield only kicked a pitcher of water from her hand when she was pouring it on him while he was in bed.
Bunnell said charges were filed against the K-9 officer, but were later dropped when his wife Sharon refused to cooperate.
Moncada levied a 30-day suspension without pay on Litchfield for the incident. He tried to appeal the decision, but it was upheld by City Manager Glenn Nichols, who said an officer should know better and should understand how quickly a situation like that can escalate.
Litchfield never served the suspension because Moncada started investigating him for more wrongdoing when other officers reported that he was covering his face and license plate to evade photo-enforcement radar when driving through Phoenix.
Ultimately, Moncada terminated Litchfield after he was found to be "deceptive" in a polygraph test where he denied the allegations. The Arizona Department of Public Safety provided photographs where Litchfield was ticketed for speeding. The photo shows the officer with a visor over his face.
While the city agreed to allow Litchfield to resign over the speeding issues, Storie has argued the 30-day suspension for domestic violence was too severe and wanted the city to withdraw it as part of the deal.
The city refused.
Massee said since they could not come to an agreement on the matter, Judge Smith-Florez will rule on that part of the issue. Attorneys must provide the judge with written arguments by Wednesday, and a rebuttal to those arguments by Friday.
Massee said the judge, who is receiving $200 an hour to oversee the case, has promised a speedy decision.
No matter what the judge's decision in the Benson case, Litchfield will still face the Arizona Peace Officer Standards and Training Board (POST), which has opened an investigation into his behavior.
POST is a state authority that enforces law enforcement codes and standards. The organization has the authority to suspend or revoke an officer's certification.
Lyle Mann, executive director, said they were notified when Litchfield was terminated and will be investigating.
Mann said POST is very interested in the outcome of not only the investigation conducted by Moncada, but also the results of Litchfield's appeal.
Moncada said the city has already been interviewed by POST.
By allowing Litchfield to resign, rather then having the termination on his record, Moncada agreed that it could help the officer find another job, but whether he can keep his badge will be decided by POST.
If the judge decides the 30-day suspension for the domestic violence incident is too harsh, that could also be helpful in Litchfield's efforts to keep his badge.
Massee said on Monday he did not want to speculate at this point what would happen if the judge rules against the city on the suspension.
After three days of negotiations, former Benson Police Officer Darrell Litchfield has agreed to withdraw his appeal to the July 6 termination.
City Attorney Michael Massee and Litchfield's attorney Michael Storie locked horns during two days of testimony in late August. Storie had threatened to file a motion to halt proceedings that were supposed to resume Sept. 11, but did not follow through. Storie had claimed that Massee had acted unethically when he did not disclose that the judge hired to oversee the appeal was his former boss in Nogales.
Judge Jan Smith-Florez once served as the Nogales city attorney, and Massee, who was hired earlier this year by the City of Benson, was her assistant.
However, instead trying to stop the hearing, Storie asked the city for a deal. He had asked for a deal right after the two-day hearing was continued, but the city rejected it.
After asking for a deal again, Interim Police Chief Paul Moncada said they started negotiations Sept. 8. The negotiations continued through Sept. 10 when a partial deal was finally reached.
"Agreeing to a deal was a decision that looked fair for everyone involved," Massee said. "It was a fair and reasonable solution for all."
Massee said the city agreed to allow Litchfield to resign rather than be fired, but the attorneys could not come to an agreement on another aspect of the deal Storie requested.
Litchfield, who had served as the city's K-9 officer for the last nine years, was terminated in July after Moncada conducted a six-month investigation that started with a domestic violence call at Litchfield's home in January.
Testimony from officers at the scene said that Litchfield was intoxicated and had called police after a fight with his wife.
According to reports, Litchfield became belligerent with officers when he was asked to leave the premises. He was not arrested at the scene, but David Bunnell of the Cochise County Sheriff's Office said a child at the scene reported Litchfield had allegedly kicked his wife before the police were called.
While Litchfield never took the stand in his own defense, his attorney argued that Litchfield only kicked a pitcher of water from her hand when she was pouring it on him while he was in bed.
Bunnell said charges were filed against the K-9 officer, but were later dropped when his wife Sharon refused to cooperate.
Moncada levied a 30-day suspension without pay on Litchfield for the incident. He tried to appeal the decision, but it was upheld by City Manager Glenn Nichols, who said an officer should know better and should understand how quickly a situation like that can escalate.
Litchfield never served the suspension because Moncada started investigating him for more wrongdoing when other officers reported that he was covering his face and license plate to evade photo-enforcement radar when driving through Phoenix.
Ultimately, Moncada terminated Litchfield after he was found to be "deceptive" in a polygraph test where he denied the allegations. The Arizona Department of Public Safety provided photographs where Litchfield was ticketed for speeding. The photo shows the officer with a visor over his face.
While the city agreed to allow Litchfield to resign over the speeding issues, Storie has argued the 30-day suspension for domestic violence was too severe and wanted the city to withdraw it as part of the deal.
The city refused.
Massee said since they could not come to an agreement on the matter, Judge Smith-Florez will rule on that part of the issue. Attorneys must provide the judge with written arguments by Wednesday, and a rebuttal to those arguments by Friday.
Massee said the judge, who is receiving $200 an hour to oversee the case, has promised a speedy decision.
No matter what the judge's decision in the Benson case, Litchfield will still face the Arizona Peace Officer Standards and Training Board (POST), which has opened an investigation into his behavior.
POST is a state authority that enforces law enforcement codes and standards. The organization has the authority to suspend or revoke an officer's certification.
Lyle Mann, executive director, said they were notified when Litchfield was terminated and will be investigating.
Mann said POST is very interested in the outcome of not only the investigation conducted by Moncada, but also the results of Litchfield's appeal.
Moncada said the city has already been interviewed by POST.
By allowing Litchfield to resign, rather then having the termination on his record, Moncada agreed that it could help the officer find another job, but whether he can keep his badge will be decided by POST.
If the judge decides the 30-day suspension for the domestic violence incident is too harsh, that could also be helpful in Litchfield's efforts to keep his badge.
Massee said on Monday he did not want to speculate at this point what would happen if the judge rules against the city on the suspension.
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Reader Comments
The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
city employee wrote on Sep 16, 2009 11:50 AM:
" Jeff Smith saw the railroad job being done on Litchfield by the city. Litchfield was charged only by hearsay of other officers. Smith saw the writing on the wall and knew the city would not rest until he was found guilt of something. His big crime was he did not give the Mayor’s business a free pass. I expect most city employees are looking over their shoulder while looking for other employment. Who is next? "
Rob W. wrote on Sep 16, 2009 5:39 PM:
" Thelma,
How is it that you continually write articles about Officer Litchfield without any regards for the truth?? Do you have a thing for this chief of police and trying to impress him or what? it is prettty obvious which side you stand on and its NOT neutral.
Do you not think that by the facts coming out about the relationship that the city attorney and the judge had, did not play a MAJOR role in the city deciding to make a deal with the officer at the last minute? Just that fact alone of railroading should be enough for ANY resident of Benson to see exaxclty what has transpired with this Officer. Officer Litchfield and his wife never had an oppurtunity to state their side of the case yet the Judge already had her mind made up on how she was going to decide. Isn't that was you published earlier? How about looking into the facts and seeing exactly was Officer Litchfield was actually found guitly of? Not promoting some chiefs ego, not going with the "good o'le boy rule, or the fact that other officers were just plain jealous? Nothing in your articles state the he was actually found guilty of anything, yet he still lost his job over a bunch of hear say and egomaniacs.
How about looking into the conduct of Cheif Mancada during this investigation/ witchhunt. Why would he let this officer off the hook after all of this unless he felt there was a good chance that this whole event was going to be scrutinized by POST or somone else and they might look into his "ethics violations" in this investigation? The Chief defianetly didn't want any more exsposure on this witch hunt than what he already had.
This whole event just goes to show you that anyone with any amount of authority in Benson can do whatever to whomever whenever they want. Even when its one of their own. If you live or work in Benson, you better grow eyes in the back of your head. You're going to need them. "
How is it that you continually write articles about Officer Litchfield without any regards for the truth?? Do you have a thing for this chief of police and trying to impress him or what? it is prettty obvious which side you stand on and its NOT neutral.
Do you not think that by the facts coming out about the relationship that the city attorney and the judge had, did not play a MAJOR role in the city deciding to make a deal with the officer at the last minute? Just that fact alone of railroading should be enough for ANY resident of Benson to see exaxclty what has transpired with this Officer. Officer Litchfield and his wife never had an oppurtunity to state their side of the case yet the Judge already had her mind made up on how she was going to decide. Isn't that was you published earlier? How about looking into the facts and seeing exactly was Officer Litchfield was actually found guitly of? Not promoting some chiefs ego, not going with the "good o'le boy rule, or the fact that other officers were just plain jealous? Nothing in your articles state the he was actually found guilty of anything, yet he still lost his job over a bunch of hear say and egomaniacs.
How about looking into the conduct of Cheif Mancada during this investigation/ witchhunt. Why would he let this officer off the hook after all of this unless he felt there was a good chance that this whole event was going to be scrutinized by POST or somone else and they might look into his "ethics violations" in this investigation? The Chief defianetly didn't want any more exsposure on this witch hunt than what he already had.
This whole event just goes to show you that anyone with any amount of authority in Benson can do whatever to whomever whenever they want. Even when its one of their own. If you live or work in Benson, you better grow eyes in the back of your head. You're going to need them. "
Rob W. wrote on Sep 17, 2009 8:42 AM:
" Still waiting for my comments to be posted. Amazing when you don't agree with this papers writers how long it takes for them to post your commnets. "
Terry R. wrote on Sep 17, 2009 12:31 PM:
" I don't understand what the speeding has to do with anything. Maybe I'm naive? Isn't still unlawful for an officer to speed if he's not running code? Yet they do it all the time. And it seems to me that most of the cops I know are on duty all the time in their minds, so speeding probably comes pretty natural wherever they are. For that matter, when was the last time you tried NOT to speed on the freeway? People will run you right off the road if you're not doing 10 miles over, so I don't think the photo enforcement is really replacing the need for more officers, not less. I just don't get why a cop would get fired over evading a speeding ticket, like all the people that slow down, use visors or other means to escape 'non-officer' speeding tickets. "
Frank Edward Blanchard wrote on Sep 16, 2009 11:14 AM:
You said that in your article that Post want to investigate Litchfield and the department?
Moncada said the city has already been interviewed by POST.
Where is this verified to make sure were not being deceived by this official?. It's a fair question needs a fair answer.
You should interview a spokesman from Post, and make sure everything is on the up and up to many deceptions going on in Benson lately.
I want a full accounting" honest questions need to honest answers.
Let's hear that fair and balanced not just what a local official says. "