Drunken deputy's early jail release spurs internal probe

[John Doe Jr]

MUSKEGON COUNTY, MI -- An internal investigation is underway at the Muskegon County Jail to determine why an Ottawa County corrections deputy arrested on suspicion of 'super drunk' driving was released before his blood-alcohol content dropped below the legal limit.

Muskegon police arrested Dennis Robert Smith during early Friday, May 1, at West Muskegon Avenue and Ninth Street on a charge of operating with a high blood-alcohol content, a misdemeanor.

State law defines high BAC as 0.17 and higher. The legal threshold for drunkenness is 0.08.

Records show Smith, who works in jail operations in Ottawa County, was booked into Muskegon County Jail at 2:55 a.m. and released at 4:31 a.m.

Muskegon County Sheriff Dean Roesler confirmed Smith was driven home by a deputy who works part-time for both Ottawa County and Muskegon County sheriff's departments. He was released on $1,000 personal recognizance bond, court records state.

Roesler said Smith should not have been released as early as he was, and officials opened an internal investigation to determine where the breakdown of the department's policy occurred and why. Roesler said it initially appears that several policies were violated in Smith's release.

Suspects 21 and older brought into jail with a blood-alcohol level above the legal limit are held until their BAC drops below 0.08 as determined by a preliminary breath test, Roesler said. People between the ages of 17 and 20 are held until they no longer have alcohol in their system.

Muskegon County Prosecutor D.J. Hilson earlier declined to comment on Smith's BAC.

The employees believed to be involved in Smith's early release currently are working, while authorities conduct the internal investigation as the situation does not involve a criminal element, Roesler said.

Ottawa County Undersheriff Steve Kempker said the department opened an internal review after learning of Smith's arrest. Smith remains on the job.

Smith is expected to be arraigned next week. If convicted, he faces up to 180 days in jail.

http://www.mlive.com/news/grand-rapids/index.ssf/2015/05/deputys_dr...

[XLFD]

Perhaps all the sheriff's officers involved didn't know what the law said... or maybe there's a double standard involved:

[stump]

And maybe the part time deputy was done with his shift and headed the way of the drunk corrections officer home. Somebody figured it was a good idea to send him on his way even though his BAC was not below the .08 required, or was it? Seems this test might not be to accurate anyway.

[XLFD]

That was one of my first thoughts on the subject, stump, since I try to be empathetic to all sides of a news story at first reading.  But then you have to consider that it takes many hours for a super drunk person to get below 0.08 BAC, that their policy (aka 'rules', 'laws') on the holding of drunk subjects does not have exceptions mentioned, and that there would be a logistical problem of getting the drunk CO's motor vehicle back to him after they carried him back home across county lines. 

Can you imagine all the people who were caught drunk driving by the Muskegon Sheriff's Dept., who were treated by the standard rules or even more stricter rules, might think there to be a fairness issue involved? 

This article brought to mind the incident involving a local corrections officer with the Mason County Sheriff's Office, where he ran into a twelve year old boy early on the morning of February 12, 2012.  The officer admitted seeing a van parked in the middle of the highway out in front of the fairgrounds, admitted seeing people walking around the van, and yet his car's crash data showed he was speeding when he hit Darius Vanbrook, killing him. 

If this happened with you or I would we have had it swept under the rug, or be prosecuted?  Ask Custer teacher Matt Millspaugh, who was successfully prosecuted at the same time for his inattention in passing a car and hitting a motorcycle.  He wasn't speeding and allegedly the car in front slowed down dramatically right before he attempted to pass, but it didn't matter.  What did matter is that he didn't have a MCSO badge, otherwise known as a "get out of jail free" card.

[Willy]

Funny video X.

[XLFD]

A classic scene from the classic film Casablanca, with Claude Rains as Captain Renault, a classic character that's hard to figure out until the end of the flick.

[AQUAMAN]

Like they say, they just enforce the law, they need not obey it. One rule for the public, and another for the law enforcers.

[Willy]

In my opinion, as with any other crime, a person should be released when they post a bond/bail. As long as he was driven home I see no problem with this except that every private citizen should be given the same treatment.

[XLFD]

The Muskegon County Sheriff does not agree with you.  A 15 year veteran sergeant of the Muskegon sheriff's office was terminated for the early release.  The police union was pretty surprised by the extent of the action.

[Jasper]

http://abc13.com/news/soldier-who-died-in-custody-cried-out-i-cant-...

This is a very perturbing video-----viewer discretion.

These situations with the police are so common these days, with the police abusing people! 

What is going on in the USA????  Really the Corrections Officer's did nothing???  I hope the Family sues.