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.