Deputy disciplined
Charlotte Boynton
Sergeant Brendan Kane of the Lincoln County Sheriff's Department was
given a two-day suspension without pay for violating three department
policies, according to a press release last week from Sheriff Todd
Brackett.
According to the release, Kane became the subject of an investigation
after he told Bracket on April 11, 2008 that he (Kane) loaned a Taser
owned by Lincoln County to a Knox County Deputy on August 31, 2007.
News of the use of the Taser at a bachelor party last August became
public last month after a video of the party was given to the Village Soup
and put on the Internet. The groom, a Knox County deputy at the time, and
now a state police officer, was Tasered, hog tied, oiled and feathered,
then tied to a chair that was put in the back of a pickup truck and driven
through downtown Camden.
According to Brackett, the details of why Kane waited until April 11 to
report the incident are contained in the investigation report, which is
not a public document.
"What is important here is Sgt. Kane's honesty and cooperation during
the investigation. He has taken full responsibility for his actions,
including his not reporting the matter sooner," Brackett said.
"The discipline in this case, in part, is a result of his not reporting
this as soon as he became aware."
In addition to the Lincoln County Sheriff's Office policy on Tasers,
other policies which Kane violated include professional responsibilities,
the law enforcement code of ethics, and the maintenance and accountability
of property and equipment.
According to the statement by Brackett following the investigation,
Kane was told the Taser was going to be used for training, and was unaware
it was used at the bachelor party until September 10, 2007. Kane did not
report it to his supervisors until he met with Brackett on April 11.
Knox County District Attorney Geoffrey Rushlau issued a press release
last week indicating there would be no criminal charges brought against
the Knox County Deputies involved in the Taser incident.
"However, that doesn't mean there will be no discipline imposed on
them," Rushlau said.
Because the District Attorney's office works closely with the deputies
involved in the incident, the criminal division of the Attorney General's
office was asked to give an independent evaluation. The evaluation by
Division Chief William Strokes, along with Rushlau, concluded that the
officer who used the Taser should not be charged with a crime, and
therefore, the other officers should not be charged.
According to the Attorney General's Office investigator, the officer
who got Tasered doesn't consider himself as a crime victim because he was
aware that the device was about to be used and believed that if he had
objected, the weapon would not have been used against him; he opposes the
filing of criminal charges.
Should the decision to prosecute be made, the potential charges would
have included Criminal Use of an Electronic Weapon, and an Assault charge.
Each of these is a Class D crime punishable by up to 364 days in jail and
a $2,000 fine, according to Rushlau's press release.
"The decision to decline prosecution under these circumstances does not
and should not suggest approval of the conduct of any officer involved,"
Rushlau said. "The conduct may well subject any, or all, to discipline by
their employer or the Maine Criminal Justice Academy."
According to
Knox County Sheriff Donna Dennison, the investigation into the Knox County
deputies' action is still being investigated by her department.
"The discipline handed down to Sergeant Kane is fair and consistent
with the policy infractions he was found to have violated," Brackett said.
"It is progressive in nature and therefore takes into account his
otherwise exemplary service record. It is time for us to move on, the
matter is closed at this time," Brackett said.
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