Officer receives two-day suspension after Triple XXX incident

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By Mikel Livingston

Assistant Campus Editor

Publication Date: 11/18/2008

Ben Fahrbach | Staff Photographer

A group of students, faculty and community members march from the CL50 to XXX in a rally to fight for equality and fight discrimination.Ben Fahrbach | Staff Photographer

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A West Lafayette Police officer has been suspended for two days because of his handling of the Nov. 2 incident at Triple XXX Family Restaurant.

The West Lafayette Police Department Monday released the results of an internal investigation into accusations against officers William Dearing and James Spray. The two officers were among several who responded to a fight in progress at Triple XXX earlier this month in which seven black patrons were asked to leave for reasons they considered racially motivated. Two days after the incident, Purdue graduate student Christopher Warren filed a formal complaint against Dearing and Spray, alleging the officers used profanity and intimidation when questioning witnesses at the scene.

According to the investigation, conducted by Lt. Troy Harris, commander of the department's detectives division, Dearing acted "inappropriately and unprofessionally" when questioning the witnesses and has been given a two-day suspension for violations of department policy regarding "courtesy, demeanor and conduct unbecoming an officer." Charges against Spray were determined unfounded as the investigation found Spray "provided a calming presence in an attempt to de-escalate the situation."

The report found no evidence that either officer used any racially charged language or excessive force when investigating the disturbance.

West Lafayette Police chief Jason Dombkowski said the department made an effort to remain as open with the public as possible throughout the investigation.

"I want us to remain transparent and accountable," Dombkowski said. "Our agency has a history of being a bit guarded and the police department and the city are committed to being open and accountable. Any organization will have issues and challenges, but it is by a measure of our response to those issues and problems that the public trust is gained."

Warren, who filed the complaint, was not available for comment Monday.

Meisha Waters, a senior in the School of Pharmacy, Nursing and Health Sciences and one of the patrons involved in the incident, said she saw no misconduct from the officers she came in contact with.

"I didn't have a problem personally with the way the officers handled the situation," she said.

In regard to Dearing's suspension, Dombkowski said Dearing's misconduct is not condoned but will not be career-ending by itself. He also said Dearing has the option of appealing the investigation's findings to the department's civil merit commission within 48 hours of the investigation's release.

For a PDF version of the investigation report, visit www.purdueexponent.org.

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