By David Klepper
Associated Press / February 16, 2012
A police officer is facing possible disciplinary action over his handling of a state lawmaker's arrest last month on marijuana charges.
South Kingstown Police Department Capt. Jeffrey Allen told The Associated Press on Thursday that the unnamed officer failed to take steps that could have allowed prosecutors to seek a drunken-driving charge, even though police said they saw state Rep. Robert Watson with an open can of beer inside his stopped vehicle.
Watson, an East Greenwich Republican, was arrested on a marijuana possession charge Jan. 21 when police responded to a report of an erratic driver in South Kingstown. Officers found him standing outside his car, which was missing a tire.
Police said Watson appeared intoxicated.
Allen said the officer did not follow standard procedures when drunken driving is suspected, including the administering of field sobriety tests.
He said the officer also erred by allowing Watson to sit in his vehicle while he conferred with another officer. The officers said they later saw Watson in his car with an open can of beer.
Watson is now seeking substance abuse treatment in Florida.
The missteps would have made it difficult for prosecutors to argue that Watson was drunk while he was driving, Allen said. Possessing an open container in a stopped car is a lesser crime.
Police said they placed Watson into custody after finding marijuana and a pipe inside the car.
It will be up to South Kingstown police Chief Vincent Vespia to decide any disciplinary action against the officer.
Allen said possible disciplinary actions could include a formal reprimand or a one- or two-day suspension but more severe punishment would be unusual.
Allen, who handled the internal investigation of the incident, said personnel rules bar him from saying what disciplinary action he is recommending to Vespia. He said any eventual disciplinary action won't be made public.
"We would have liked to have seen our officer go the extra length," he said. "We take drunk driving extremely seriously."
Watson, 51, is scheduled to be arraigned March 1. He also was arrested in Connecticut last year and pleaded not guilty to marijuana possession and driving under the influence charges.
Watson's attorney, Timothy Williamson, said it's too soon to say whether the officer's handling of the arrest could affect the case.
"An internal personnel matter for the police department and one of its officers would not be something that is provided to the defense counsel," he said.