| Place a Classified | Subscribe today | July 9, 2009 |
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Officers face allegations
MONTPELIER — Mayor Reed Peterson placed Montpelier’s police chief and one of the city’s officers on administrative leave Tuesday pending the outcome of an investigation into allegations of misconduct.
The allegations came from Jared Finley, of Idaho Falls, who filed a complaint with Idaho State Police in Pocatello claiming he was physically, verbally and sexually assaulted by officer Kevin Buttars of the Montpelier Police Department. Peterson said Montpelier Police Chief David Higley was placed on leave because of allegations that he tried to cover up the incident. Finley, 23, was arrested in Montpelier March 5 and charged with battery, obstructing an officer, possession of a controlled substance and possession of drug paraphernalia. He has a March 21 arraignment hearing in Bear Lake County Court.
Finley alleges in an affidavit, attached to his complaint filed March 9 with Idaho State Police, that Buttars physically, sexually and verbally assaulted him while he was detained at the Montpelier Police Station. A copy of the affidavit was sent to the Journal by a family member of Finley’s. Idaho State Police Lt. Eric Dayley in Pocatello confirmed the affidavit is a copy of the same one attached to Finley’s official complaint.
Finley writes in the affidavit that Buttars became agitated when he would not sign a document waiving his rights. Finley did not specify the rights he was asked to waive. “He picked me up and threw me against the door and hit me on the back of my head and handcuffed me,” Finley wrote in the affidavit.
Finley alleges in the affidavit that while he was handcuffed and on his knees, Buttars verbally and sexually assaulted him. In the summary of the accusation, Finley accuses Buttars of police brutality, use of excessive force during interrogation, verbal assault with sexual slurs, sexual assault, making false accusations and false arrest.
Finley was in Montpelier March 5 with his boss, James Adkerson, and a fellow employee who was not identified. The three were selling prepackaged frozen meat. Finley said in the affidavit, “My employer had already confessed to possession of the marijuana and paraphernalia found in the vehicle. I was not in the vehicle when it was pulled over and searched. No drugs or paraphernalia were found on my person. I did not resist arrest. I cooperated passively during the arrest and questioning.”
Adkerson had been pulled over by police and a subsequent search allegedly found a bag of marijuana and drug paraphernalia in the vehicle. Adkerson was charged with possession of marijuana, possession of drug paraphernalia and driving under the influence. He has a March 28 pre-trial court hearing in Bear Lake County. Finley wrote in the affidavit that he was walking about a block from the car when a “highway patrolman came and apprehended me.”
According to Finley’s affidavit, the trooper told him he was not under arrest, and that he was just being detained. No charges were filed against the unidentified man in the vehicle. Bear Lake County Prosecutor Ardee Helm Jr. said the investigation into the allegations is standard procedure.
“The fact that you investigate it doesn’t mean it’s true,” Helm said. “It’s just procedure to do so.” Because of obvious conflicts locally and the potential for criminal charges, Helm said he has asked an agency outside of Bear Lake County to investigate the incident. Chubbuck Police Chief Randy Severe confirmed Wednesday that agency will be his department.
Chubbuck Police Capt. Ken Quinn and another officer will likely head to Montpelier today for an investigation that could last a few days, Severe said. Helm believes the investigation could be completed as early as the middle of next week. Helm also said he intends to ask District Judge Don L. Harding in Soda Springs to appoint a special prosecutor. Helm said the officers accused are in his office on a regular basis and he feels there is a potential conflict for him to prosecute if the investigation determines charges are warranted. “If I were the accuser (Finley), I would probably feel uncomfortable having me prosecute this,” Helm said. Finley finished his affidavit by writing that he believes the primary reason for Buttars’ actions was a “vendetta against his former police associate, my father, Thomas Finley, who worked in the Bonneville County Sheriff’s Office with him.” Finley wrote that the alleged verbal assaults from Buttars included frequent slurs against his father. Jeff Black, executive director of the Peace Officers Standards and Training office in Boise, also knows of Buttars from the time the accused officer spent with the Bonneville County Sheriff’s Office. “We had a decertification hearing for (Buttars) in Pocatello,” Black said. “We are waiting for a decision from the hearing officer.” Black could not give any details about the allegations against Buttars but said the February hearing was the result of a nearly 12-month-old investigation and includes accusations of misconduct against Buttars while he worked for the Bonneville sheriff. The hearing could result in Buttars losing his certification, meaning he would no longer be allowed to work as a law enforcement officer. Finley also alleges that four other officers stood by and did not stop the incident. He wrote in the affidavit that two other officers were in the room with him and Buttars while two others were across the hall in another room. Mayor Peterson said he understands there was one Idaho State Police trooper and a Bear Lake County Sheriff’s deputy present who were outside the interrogation room in another room across the hall. He said he has heard that both of those officers reported the incident to their superiors. Bear Lake County Sheriff Brent Bunn declined to comment, saying that all information should be given by Helm. Article RatingReader CommentsSubmit a CommentCommenting RulesWe encourage your feedback and dialog. All comments are subject to deletion by our Web staff.
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