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Judge upholds city's decision
Thelma Grimes/San Pedro Valley News-Sun
A judge has upheld the city's decision to suspend former Benson Police Officer Darrell Litchfield for 30 days over a domestic violence incident that occurred in January.
Upholding the decision didn't make a difference in the outcome of the situation, since Litchfield is no longer a Benson police officer.
The ruling regarding the suspension without pay, which was handed down last Wednesday, was the last part in what became a lengthy process. Police Chief Paul Moncada had investigated Litchfield for six months for the domestic violence incident and other allegations, which led to his being fired in June. Litchfield appealed the firing, which led to an independent hearing with Judge Jan Smith-Florez.
During a two-day hearing in late August, Litchfield's Tucson attorney Michael Storie asked the city to negotiate a deal.
This request came days after Storie had threatened to file a motion to halt the hearing, stating City Attorney Michael Massee had failed to disclose he once worked for the judge as an assistant city attorney in Nogales.
Storie never filed the motion and got the city to agree to allow Litchfield, who served as the city K-9 officer for nine years, to resign.
But the city and Storie failed to agree on Moncada's suspending Litchfield for 30 days without pay for a domestic violence incident that occurred at his home in January. Storie wanted the suspension erased from Litchfield's record.
Moncada suspended Litchfield before starting an investigation into other allegations levied by fellow police officers that led to his termination.
Litchfield was terminated after being "deceitful" in a polygraph test where he denied taking extra precautions to evade photo enforcement zones.
Instead of continuing with his protest against Judge Smith-Florez, Storie agreed to allow her to decide on the 30-day suspension issue, which he argued was excessive for an incident that Litchfield didn't even face criminal charges for.
In her ruling, Judge Smith-Florez said that testimony from Benson Police Sgt. Tim Behr and David Bunnell of the Cochise County Sheriff's Department during the hearing in late August showed that Litchfield was "disrespectful, uncooperative and insulting to law enforcement officers, including one from Litchfield's own agency, and the Cochise County Sheriff's office. In those actions, Litchfield did discredit the Benson Police Department and the City of Benson."
As to the question of whether the 30-day suspension was too harsh, the ruling stated that Litchfield, as a law-enforcement officer, knew better than to be disrespectful to fellow officers and disregard the orders he was being given.
The ruling said, "Because Litchfield demonstrated egregious misbehavior, not excused by his being intoxicated in his own home, the 30-day suspension without pay, severe though it is, nonetheless is appropriate in circumstances as established at the hearing. The City has clearly met its burden and Litchfield's 30-day suspension is upheld as both merited and appropriate."
Storie did not return the News-Sun request for comment.
While Litchfield is done fighting the city, he now faces the Arizona Peace Officer Standards and Training Board (POST), which will eventually decide if he can keep his law enforcement credentials in the state of Arizona.
Any time an officer is terminated, disciplined or suspended, POST conducts an investigation.
A judge has upheld the city's decision to suspend former Benson Police Officer Darrell Litchfield for 30 days over a domestic violence incident that occurred in January.
Upholding the decision didn't make a difference in the outcome of the situation, since Litchfield is no longer a Benson police officer.
The ruling regarding the suspension without pay, which was handed down last Wednesday, was the last part in what became a lengthy process. Police Chief Paul Moncada had investigated Litchfield for six months for the domestic violence incident and other allegations, which led to his being fired in June. Litchfield appealed the firing, which led to an independent hearing with Judge Jan Smith-Florez.
During a two-day hearing in late August, Litchfield's Tucson attorney Michael Storie asked the city to negotiate a deal.
This request came days after Storie had threatened to file a motion to halt the hearing, stating City Attorney Michael Massee had failed to disclose he once worked for the judge as an assistant city attorney in Nogales.
Storie never filed the motion and got the city to agree to allow Litchfield, who served as the city K-9 officer for nine years, to resign.
But the city and Storie failed to agree on Moncada's suspending Litchfield for 30 days without pay for a domestic violence incident that occurred at his home in January. Storie wanted the suspension erased from Litchfield's record.
Moncada suspended Litchfield before starting an investigation into other allegations levied by fellow police officers that led to his termination.
Litchfield was terminated after being "deceitful" in a polygraph test where he denied taking extra precautions to evade photo enforcement zones.
Instead of continuing with his protest against Judge Smith-Florez, Storie agreed to allow her to decide on the 30-day suspension issue, which he argued was excessive for an incident that Litchfield didn't even face criminal charges for.
In her ruling, Judge Smith-Florez said that testimony from Benson Police Sgt. Tim Behr and David Bunnell of the Cochise County Sheriff's Department during the hearing in late August showed that Litchfield was "disrespectful, uncooperative and insulting to law enforcement officers, including one from Litchfield's own agency, and the Cochise County Sheriff's office. In those actions, Litchfield did discredit the Benson Police Department and the City of Benson."
As to the question of whether the 30-day suspension was too harsh, the ruling stated that Litchfield, as a law-enforcement officer, knew better than to be disrespectful to fellow officers and disregard the orders he was being given.
The ruling said, "Because Litchfield demonstrated egregious misbehavior, not excused by his being intoxicated in his own home, the 30-day suspension without pay, severe though it is, nonetheless is appropriate in circumstances as established at the hearing. The City has clearly met its burden and Litchfield's 30-day suspension is upheld as both merited and appropriate."
Storie did not return the News-Sun request for comment.
While Litchfield is done fighting the city, he now faces the Arizona Peace Officer Standards and Training Board (POST), which will eventually decide if he can keep his law enforcement credentials in the state of Arizona.
Any time an officer is terminated, disciplined or suspended, POST conducts an investigation.
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