State regulators probe police errors

ASHEVILLE – The North Carolina Department of Justice is looking into problems at the city police department, a spokeswoman for the state agency says.

The department's Criminal Justice Training and Standards Commission began an "examination" of the department Oct. 14, said Noelle Talley, who works for Attorney General Roy Cooper. The examination is ongoing, she said.

"Depending on what the preliminary inquiry finds, it could lead to an investigation," she said.

She said the police department reported information that triggered the inquiry. Talley confirmed the inquiry in responding to questions from the Citizen-Times on Wednesday.

The commission develops standards for the training and employment of law enforcement officers. It can revoke the certification of an officer convicted of a serious crime, for example.

It can also investigate violations of the standards for officers, departments and training schools.

State law says the standards division must report findings of an investigation to the Probable Cause Committee of the state Criminal Justice Education and Training Standards Commission.

The committee can direct further investigation, call for a State Bureau of Investigation inquiry, conduct a hearing or determine sanctions.

Sanctions range from warnings and written reprimands to revoking an officer's certification.

The Asheville Police Department is scheduled for a state standards audit in January. The ongoing inquiry is separate from that, Talley said.

The exam started the day after police officials briefed District Attorney Ron Moore on traffic citations issued in the last year based on speed measured by radar guns with out-of-date certifications.

Moore dismissed hundreds of tickets because of the error.

He suspended the handling of all cases involving Asheville Police Department radar guns last week amid new concerns officers may have gone through device certification tests with radar guns that were not calibrated. It was the second time he took such action since he learned about problems with the radar guns.

Radar guns must be calibrated and certified annually.

The city has started its own audit into the radar guns and the certifications of officers. That audit looks back three years, City Manager Gary Jackson said last week.

A Citizen-Times investigation found allegations of on-the-job retaliation within the department, an increase in officer resignations and administrative error that resulted in radar guns with lapsed certifications.

Forty-four officers have signed a petition saying they have no confidence in department leaders.

Mayor Esther Manheimer this week said the city is in "triage mode" in dealing with problems at the Police Department.

She said she doubts anyone could successfully lead the department now.

Deputy Chief Wade Wood said the police department was "working with the Training and Standards staff to assist with their review and will continue to give them our full cooperation."