JUSTICE FOR RICOH - PLEASE VOTE (Agree with the judge's ruling?) VOTE NO!!!!

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WRAL-TV

Fired trooper should be reinstated, judge rules

Raleigh, N.C. — An administrative court judge says a former Highway Patrol trooper who lost his job after being accused of abusing his K-9 should be reinstated with back pay and attorney's fees. (Agree with the judge's ruling?)Former Sgt. Charles Jones was fired Sept. 8 after another trooper turned over two 15-second video clips of Jones suspending his K-9 partner, Ricoh, from a railing and kicking the dog repeatedly to force it to release a chew toy.In his ruling, issued Thursday, Senior Administrative Law Judge Fred G. Morrison said the Highway Patrol did not give "meaningful consideration" to Jones' responses to the charges against him. (Read Morrison's decision.)"(The) Respondent has not met the burden of persuading me by the greater weight of the evidence presented that it had just cause, procedurally and substantively, to terminate Petitioner's employment," Morrison wrote.His decision is a recommendation. The North Carolina State Personnel Commission will review the case and ultimately decide whether Jones will be reinstated.Jones sued the Highway Patrol to regain his job, claiming he was fired only because Gov. Mike Easley's office pressured the state agency to get rid of him.The Highway Patrol denies that allegation."We're surprised. We believe this agency did the right thing, based on the investigation, based on the video. "And we stand by that decision that we made," spokesman Lt. Everett Clendenin said Thursday.Evidence presented at a hearing on the matter in April showed the Patrol had planned to punish Jones with a maximum three-day suspension.Jones claimed he was unfairly singled out because the Highway Patrol was receiving unwanted attention for trooper misconduct and because of publicity surrounding pro-football player Michael Vick's arrest on dog-fighting charges.Jones testified he was following the Highway Patrol's training techniques and was doing only what was necessary to train Ricoh, a particularly aggressive dog that required extra training.Bryan Beatty, secretary of the Department of Crime Control and Public Safety, suspended K-9 operations following the testimony. He said he was disturbed by evidence that some troopers thought kicking a dog was acceptable training and that testimony about "abusing dogs to get compliance" was inconsistent with an independent review of the K-9 program following Jones' termination in September.

Reporter: Amanda Lamb

Photographer: Chad Flowers

Web Editor: Kelly Gardner

 

 

Patty McQuillan

 

 

 

 

rrrina [rrrina] Thursday, June 12, 2008 9:26 AMMcQuillan, PattyCCPS Website EMail: Cruel Trooper Who Abused Dog

 

This email was created by someone using the Contact Us form on theNorth Carolina Department of Crime Control and Public Safety website. (http://www.nccrimecontrol.org/)

 

 

 

Sender information:Name: Rina DeychEMail Address: rrrinaLocation: Outside North CarolinaSent Office of the SecretaryDate and Time Thursday, June 12, 2008 09:25 AM

 

 

 

As a registered nurse, humanitarian, and animal advocate,I am SHOCKED that Trooper Charles Jones (please see link to article below), who made a video of himself kicking his dog while the animal was suspended from a deck,has been reinstated with back pay. What type of society are we living in that condones this sort of barbarism?In the very least, this person needs to be arrested and punished to the full extent of the law, for committing a heinous felony.Aside from the obvious sadism involved in his act, a vicious crime that should not be committed against ANY sentient being, it is well known that animal torture is a precursor to human torture and murder. There are no words for me explain my disappointment and rage that this cruel, dangerous individual was only given a slap on the wrist (which was stroked and soothed afterward).Shame on us, as a species that we can do no better than this to protect our fellow sentient inhabitants of the earth.Rina Deych, RN and Wildlife Rehabilitator1157 - 46th StreetBrooklyn, NY 11219(718) 435-0558Link to article: http://www.newsobserver.com:80/news/crime_safety/story/1097213.html

 

Another response:

 

- McQuillan, Patty

rrrina

Thursday, June 12, 2008 11:18 AM

RE: CCPS Website EMail: Cruel Trooper Who Abused Dog

 

 

Dear Rina,

 

The case is being appealed.

 

This is the judge that rendered the decision:

 

Senior Administrative Law Judge Fred G. Morrison Jr.

Office of Administrative Hearings

6714 Mail Service Center

Raleigh, NC 27699-6714

(919) 733-2698

 

The case has now been referred to:

 

Office of State Personnel

NC Office of State Personnel

116 West Jones St.,

Raleigh, NC 27603, (919) 807-4800

 

 

Here are two news stories from Raleigh:

 

Ruling favors trooper in dog caseThe decision, which is advisory only, says Charles Jones should be reinstated with back pay

Benjamin Niolet, Staff WriterThe Raleigh News and Observer

 

A judge said Thursday that a state trooper who was caught on video kicking his police dog was fired under improper pressure from the governor's office and should be reinstated with back pay.

The ruling from administrative law Judge Fred Morrison Jr. is a recommendation, and the fate of former Trooper Charles Jones rests with the State Personnel Commission. The Highway Patrol, which maintains Jones was fired independently of Gov. Mike Easley's opinion, said it will fight to keep Jones out of the patrol.

A cell phone video, taken by another trooper in August, shows Jones suspending the dog, Ricoh, from a railing and then kicking him at least five times. The video and testimony in an earlier hearing before Morrison showed that troopers used beatings, stun guns and other methods to discipline and train the patrol's dogs. On April 30, officials suspended the patrol's canine program. The state official who oversees the patrol said Thursday that the program could be reinstated within two months.

Morrison's decision on Jones comes after an April hearing. Jones' attorney said Thursday that he was pleased with the decision, which also recommends that the state pay Jones' attorney's fees.

Morrison wrote in his decision that he thinks Jones was fired because officials in the governor's office saw the video and said Jones had to go.

"Because of pressure felt from the governor's office, the Patrol did not give meaningful consideration to [Jones'] responses to the charges against him," Morrison wrote.

Bryan Beatty, secretary of the state Department of Crime Control and Public Safety, which oversees the patrol, said he talked to the Governor's Office and knew Easley wanted Jones out. But Beatty said he -- not Easley -- made the decision to fire Jones.

"The governor and I have worked together for many years, and he is the governor, and he appointed me, but he appointed me and expects me to make the decisions that are based on the facts," Beatty said. "I never had a difference in opinion once I had all the information and saw all the facts."

Easley has not backed off his stance on Jones. A spokesman released an unsolicited statement Thursday after Morrison ruled.

"Dog experts say Trooper Jones' conduct was completely unacceptable," Easley said in the statement. "If the state has to resort to that level of cruelty to train dogs as demonstrated in the video by Trooper Jones, then they will simply not be in the dog business."

Beatty said Thursday that he expects to have a decision on whether to continue the program within about two months.

"I believe we can find a way to reinstate the K-9 program in a way that carries out the patrol's mission," Beatty said.

The reinstated program would have new training policies and may change or limit the role of patrol dogs, which were used for drug sniffing, tracking and to help keep suspects under control.

Morrison, the judge, had his own thoughts about the program's future. In his six-page opinion, which lists by name eight dogs Morrison has owned, Morrison recommended that the patrol buy dogs that are already fully trained and would be handled by troopers who are also trained and who have to follow written guidelines.

The patrol's 10 dogs are living with their Highway Patrol handlers. They are not working.

Ricoh, a Belgian Malinois, is living with a different trooper and has been retired from service.

(Staff writer Mandy Locke contributed to this report.)

 

 

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