Police chief gives reprimand to officer
The discipline is for “poor judgment” in the arrest of a protester outside a church

By Jack Moran

The Register-Guard

Posted to Web: Thursday, May 28, 2009 04:10PM
Appeared in print: Friday, May 29, 2009, page A6
News: Local: Story

Eugene’s police chief will repri­mand an officer for improperly enlisting a former beat partner — and current federal agent — to help arrest a man who distributed controversial leaflets to parishioners outside a church last December.

In a letter written Tuesday, interim police Chief Pete Kerns notified the man who was arrested, Mike Stinnette, of his decision to discipline patrol officer Jim McBride for his “poor judgment” on the morning of Dec. 21.

“Appropriate corrective action will be taken” against McBride, Kerns’ letter states.

Stinnette provided the document to The Register-Guard.

Police spokeswoman Melinda Kletzok said state law prohibits department officials from discussing what type of punishment McBride might face as a result of Kerns’ decision.

Stinnette — whose criminal charges stemming from the incident were later dropped — filed a complaint with the city police auditor alleging that McBride violated his free-speech rights and wrongfully called upon former Eugene officer Rob Hart to assist with the arrest.

A video camera situated inside McBride’s patrol car captured the arrest.

The footage shows Hart — a Federal Protective Service inspector who was off-duty at the time — suddenly and forcefully grab Stinnette by the wrist and bend it awkwardly while helping McBride push Stinnette onto the patrol car’s hood.

Moments before the arrest, the video shows a seemingly peaceful Stinnette standing next to Hart on a sidewalk outside the Lawrence Street Chapel.

But, according to a police report written by McBride, Hart called officers to complain that Stinnette had been aggressively approaching churchgoers with leaflets stating that their pastor was previously involved with a Southern Oregon church that made property improvements without first obtaining permits.

Eugene police arrested Stinnette, 39, the previous Sunday on similar allegations. McBride was not involved with that case. Charges filed against Stinnette in connection with that incident also were later dismissed.

McBride wrote in his report that when he arrived at the church on Dec. 21, he stepped out of his patrol car and tapped his badge to cue Hart to grab Stinnette.

“This is a known signal for officers to move in and handcuff the suspect,” McBride wrote.

Stinnette spent 12 days in jail following his arrest.

In his letter to Stinnette, Kerns said he believed that McBride had probable cause to make the arrest and therefore did not violate Stinnette’s constitutional rights.

However, Kerns also ruled that McBride used “poor judgment by enlisting the assistance of Mr. Hart,” the letter states.

Meanwhile, agents in the Department of Homeland Security’s Office of Professional Responsibility in Seattle are investigating whether Hart should be disciplined for his involvement in the arrest.

Hart works for the Federal Protective Service’s Federal Way, Wash., office.

A federal investigator interviewed Stinnette about the matter last month.

“We are aware of it, and we are looking into it,” said Charles Anderson, the resident agent-in-charge for the Seattle branch of the Office of Professional Responsibility.

Anderson declined to further discuss the matter, referring questions about the inquiry to a spokeswoman who also declined to talk about it.

Although federal officials say Hart — who was at the Eugene church to attend a service — acted as a private citizen at the time of Stinnette’s arrest, he subsequently wrote an investigative report detailing the incident on official Federal Protective Service letterhead.

In his report — which Stinnette received from his attorney along with other evidence after he was charged with a crime — Hart characterized the episode as an “agency assisted arrest.”

Hart wrote that when he grabbed Stinnette and led him to McBride’s car, “I used just enough force to maintain control of him.”

Stinnette said he is considering a lawsuit against McBride and Hart.

He also hopes that Eugene’s Civilian Review Board will review the internal investigation focusing on McBride’s actions, primarily because he firmly believes that — although Kerns disagreed — his free-speech rights were violated.

The city’s interim deputy police auditor, Elizabeth Southworth, said she expects the review panel will consider Stinnette’s request.

“I’m guessing this is a case they would be interested in,” she said.

Twice last year, the civilian board concluded that McBride used excessive force while making an arrest.

In one of those cases, former police Chief Robert Lehner ruled that McBride’s use of force did not violate department policy.

In the second matter, Lehner upheld Kerns’ recommendation to sustain an allegation that McBride went too far when he struck a handcuffed suspect who he believed was about to spit on him. Lehner suspended McBride for one week without pay.

The city police union appealed Lehner’s decision. A state arbitrator who reviewed the case ruled in March that McBride should not have been suspended, and ordered the city to repay him for lost wages.

Hmmmm, personally I think they should arrest all people that think they need to put little on people's cars