By Craig Macho
Staff Reporter
cmacho@oakdaleleader.com
209-847-3021, ext. 8128
POSTED July 7, 2010 6 a.m.
Oakdale Police Chief Marty West has been criticized by the Stanislaus County Civil Grand Jury for actions he took in May 2009 when an 18-year-old adult and 15-year-old juvenile were arrested by Oakdale police for possessing two homemade devices that utilized dry ice to cause plastic containers to explode. One device was set off in an orchard, and the other was discovered by officers in a park and subsequently rendered safe by the Stanislaus County Bomb Squad.
According to the grand jury report, West was contacted and influenced by the police chief of a nearby city — a family friend of the 18-year-old — to not pursue charges against the 18-year-old. West identified the other chief as Ceres Police Chief Art de Werk.
Although the grand jury determined the arresting officer and a supervisor properly followed department procedures, the report indicated West issued a “highly unusual verbal standing order” mandating that officers receive department and administrative approval prior to arresting suspects up to 19 years of age on explosives charges.
The report also found West failed to enforce laws equally for the two suspects, although juvenile and adult suspects often find different dispositions to their cases in adult and juvenile court.
West said although he disputed the grand jury’s assessment of the case, he agreed he could initiate better communications within the department.
West said de Werk is a family friend of the 18-year-old suspect, and called him a few days after the arrest. He said de Werk asked him if the 18-year-old would be charged for what he felt was a prank.
West said he instructed a police lieutenant to contact the Stanislaus County District Attorneys Office to inquire about dismissing the case.
“I felt the circumstances didn’t warrant felony charges,” he said.
Although the grand jury also criticized West for bias in not asking for the juvenile’s charges to be dropped, West pointed out juvenile cases are handled differently in juvenile court, with juvenile suspects often receiving different consequences than adult co-defendants.
West said although the request to drop charges came from a fellow police chief, he maintains he would have taken similar actions for any Oakdale resident.
“If someone else had called, I would have done the same thing,” he said.
West said he instructed all police personnel to advise him when an arrest for an explosives case is made, but added some employees might have gotten the wrong impression.
“Someone must have misunderstood. I’d like to know about these incidents when they occur,” said West. “Part of my job is to keep abreast of things; it’s what I’m paid to do.”
A representative of the Oakdale Police Officers Association disagreed with West.
“The chief interfered. It made us look incompetent,” the representative said. “It’s not up to him to file charges, it’s up to the DA.”
The representative pointed out that police employees had issued a vote of no confidence against West last year, and said issues within the department haven’t changed. He said West has been accused of bias in the past, including an incident where a police sergeant was disciplined after an issue with Oakdale mayor Farrell Jackson as well as current issues (See related article) involving Jackson and council member Toni Hanson.
http://www.oakdaleleader.com/news/article/2137/
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