After pleading guilty a month ago to DUI in the state Vermont, and being arrested twice for DUI, a Cape Cod police officer has resigned from his duties and will thereby avoid a hearing that may have very well ended with his dismissal, as reported by the Burlington Free Press from Hyannis, Mass.
Internal affairs had recently completed its investigation of the two DUI charges against Barnstable Police Officer S.K., 48, and had advised the department to dismiss him.
Barnstable police Chief P.M. commented, "We felt the appropriate discipline was separation of service."
In his resignation, 23-year veteran officer S.K. wrote, "I also acknowledge that I have been made aware that as a result of the criminal charge and the findings of the internal affairs investigation the chief of police has requested a hearing before the appointing authority and intends to seek the discipline of dismissal against me."
The appointing authority is the town's manager, T.L.
Within the last five months S.K. was arrested in Vermont twice for DUI. This past November S.K. pleaded guilty to DUI in the first charge. He also pleaded guilty to negligent operation of a motor vehicle in the second charge. His sentence included serving on a work crew for 10 days and alcohol counseling.
Jail time, set at four to 12 months, was suspended.
The first charge occurred on May 26, 2012. S.K. was pulled over by South Burlington, Vt., police. When S.K. failed a Breathalyzer test he told officers that it was due to the Adderall, Flonase and Claritin D – all over-the counter medications – that he had taken a day before.
The second DUI charge occurred on July 13, again in Burlington. This time a state trooper witnessed S.K. driving erratically on the roadway and pulled him over. Again S.K. failed the field sobriety tests. His blood alcohol registered at 0.12 percent – and the state limit in Vermont is 0.08 percent.
Court records show that in the second incident his system tested positive for oxycodone and amphetamines. His charges included DUI and, as officers located oxycodone pills and Adderall in his vehicle, he was also charged with drug possession.
S.K. was able to produce prescriptions for the medications. The prosecutors did not proceed with the drug possession charge.
During the internal affairs investigation S.K, was remanded to desk duty at the department.
Due to S.K.'s two arrests the Barnstable Police Department has reviewed its policies. Chief P.M. said, "Because after the first arrest the department was not notified in an appropriate time line our policies and procedures are under review."
Prior to S.K.'s resignation Chief P.M. had denied that any internal affairs investigations were taking place in regards to the Vermont charges.
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