Hearing officer: Drop disciplinary charges against Schenectady cop
By Paul Nelson
Published 02:35 p.m., Tuesday, June 19, 2012SCHENECTADY— Officer Eric Peters showed poor judgment in his public behavior, but he should not be fired because there is not enough evidence to support department charges that accused the veteran patrolman of assaulting his live-in girlfriend on St. Patrick's Day 2011, a hearing officer found.
In a 59-page ruling, Hearing Officer Jeffrey Selchick recommended that four internal charges of misconduct and incompetence be dismissed and Peters return to work. He is currently on paid leave.
The dispute occurred between Peters, 36, and his 43-year-old fiancee, Bonnie Crandall, occurred outside their Park Place apartment near Union College. In an earlier court case, prosecutors accused Peters of punching the woman several times but a jury acquitted him of criminal charges.
"In sum, the hearing officer finds that there is a lack of substantial evidence in the record to support the central allegations against respondent...," Selchick states in the June 18 decision.
He, however, indicates that the "very loud and public argument with Crandall, on a night known for intoxication, is not viewed by this hearing officer as appropriate behavior for a police officer."
Selchick also said he found Crandall's version of the March 17 altercation as credible.
"The hearing officer must say that Crandall came across as the type of person who would not allow someone else to hit her multiple times and not either fight back, or stay with a person who struck her, or engage in a cover up of such an assault," Selchick wrote.
Attorney Kevin Luibrand, who represented Peters, said his client's first question after learning of the decision Tuesday morning was when he could return to work.
"Eric is one of the good cops, he has an exceptional record, and has distinguished himself," said Luibrand, adding that several law enforcement agencies have approached Peters about coming to work for them. "I think Eric lost some of the benefit of the doubt other people might have received based on some old scores between some people in the department and his father."
Both Peters' great-grandfather and grandfather were police chiefs and his father retired as a captain. A brother is also on the force.
Police Chief Mark Chaires said Tuesday that though he had not yet read the ruling, he disagreed with the recommendation.
"We accept the decision and will have to move on," said Chaires.
Mayor Gary McCarthy can either accept or appeal Selchick's recommendation. He did not immediately return a call seeking comment on the matter.
Read more:
http://www.timesunion.com/loca.....87.php#ixzz1yHYtF9vo
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