OGDEN
— A Utah Highway Patrol trooper who was caught on tape punching a woman
multiple times after a chase and was later fired for it has a new job as a
peace officer.
Andrew
Davenport was hired by the Ogden Police Department in June 2011, months after
he was let go by the Utah Highway Patrol as a result of the allegation of
excessive use of force during a pursuit on Aug. 28, 2010.
Davenport
was rated by a commission as the top candidate out of 102 on the eligibility
list, Ogden Police Chief Mike Ashment said in a prepared statement. He said
Davenport went through a background check and behavior evaluation.
Darla
Wright, the woman who was punched several times in the head during a stop
before midnight on Aug. 2010, can't believe the Ogden Police Department hired
him. "He doesn't deserve a second chance," she said. "That's not
how an officer of the law, that's not how you're supposed to react."
She
said Davenport shouldn't be in law enforcement anywhere. "I think he
should be behind bars."
In
a report on the Aug. 2010 incident Sgt. Davenport wrote, he said Wright,
"had the accelerator floored and engine revving in an attempt to push our
vehicles out of the way." The sound of the engine cannot be heard over
blaring sirens on the videos.
"I
delivered three close-hand strikes to her head in an attempt to gain compliance
with our commands. I did this to distract and stun her and to stop her from
trying to drive off and strike our vehicles or possibly run us over," Sgt.
Davenport wrote in his report. "The strikes worked and we were able to
grab her hands."
Wright
was believed to have been drinking because of her erratic driving, but was
never charged with DUI. She was charged with failure to stop or respond at the
command of police, a third-degree felony. Court records show that the case was
dismissed.
Ashment
said the incident dash cam video was taken into account during a background
check and that "Davenport remains POST certified to engage in law
enforcement activities." The statement went on to say he was cleared of
any legal wrongdoing.
Davenport
has filed an appeal in an effort to clear his name in regards to the UHP
termination decision. Ashment was in the process of reviewing the findings.
The
police department said Davenport, who has over 10 years of experience as a
police officer, including several years as a sergeant, had no comment.
The
dash cam video of the August incident shows the aftermath of the pursuit that
led troopers winding through Ogden.
Sgt.
Davenport can be seen in the videos breaking the front driver's-side window,
reaching into the car, and punching Wright five times to the head while another
trooper deploys a Taser through a rear passenger window. Peace Officer
Standards and Training Director Scott Stephenson said dash cam video rarely
tells the whole story.
"When
you're out in the field, everything is dynamic," he said. "It is
fast. It's very high speed, and officers are expected to make split-second
decisions."
He
said sometimes the video is clear, and other times it's not so clear and
"it leaves the viewer the ability to see something that's maybe not
happening."
POST
reviews cases like this to determine whether disciplinary action needs to be
taken on a state level. It looks into about 250 complaints against officers
each year. Less than half of those end up before the POST council, which can discipline
or even decertify law enforcers.
POST
did look over trooper Andrew Davenport's actions. Because it determined
criminal negligence was not involved, the case was left for UHP to handle
internally.
Stephenson
would not comment on Davenport's case, but said each incident was unique and
POST's involvement often depended on whether there was a criminal case against
the officer.
When
no state or criminal action was taken, Stephenson said officers can keep their
certification and look for work. Whether they got hired was up to the employer.
"If
they do a thorough investigation, then they would most likely find out the
reasons for them losing employment," he said.