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Ashwaubenon officer fired for misconduct



ASHWAUBENON — An Ashwaubenon public safety officer who admitted to handcuffing his wife during a dispute last year has been removed from duty.

Thomas Benike, 35, is charged in Brown County Circuit Court with felony false imprisonment and misdemeanor disorderly conduct after a dispute Oct. 25 at his Bellevue home. A decision released Monday by the village's Police and Fire Commission said, "the good of the service requires his separation from the department."

Benike accused his wife of stealing his wallet during a dispute and handcuffed her for at least 10 minutes, according to a criminal complaint. Benike allegedly said his officer ID was in his wallet so his wife was under arrest for theft of government property. Benike later found the wallet. Benike's wife filed for divorce in November; the couple has four children.

Benike had been suspended pending an outcome in the case but continued to draw his $71,391 annual salary. A status conference in the criminal case is scheduled for July 16.

The commission held a hearing May 1 and 2, which included testimony from Benike and others. The commission deliberated for three days before reaching a decision Monday. Madison lawyer Scott Herrick represented the commission.

The commission said there was no dispute over what occurred or what rules were violated, but rather the penalty. The commission then decided public safety Chief Eric Dunning was fair in applying policy standards, and found that Benike's removal from duty was an appropriate punishment for the violation.

The commission noted Benike had at the very least an "unblemished" career and his years of service were described as "outstanding" and "exemplary."

"Officer Benike's initial acknowledgement of the facts of his misconduct on Oct. 25, 2011, is notable and commendable. Unfortunately his errors in judgment leading up to those events were extreme, and went to the core of law enforcement responsibility and authority," the commission said.

Though Benike admitted the facts of the case, he was slow to understand that he may have lacked authority to act as he did, the commission added.

Thomas Parins, Benike's attorney, argued that in the past when the department has handled an officer's misconduct, rehabilitation and discipline besides termination were effective punishment.

The commission determined past violations involving other officers were less serious.

"Officer Benike's conduct in this incident was wrong," the commission said. "It was wrong technically, that is, it was bad policing."

Benike did not return a call seeking comment on Monday.