by Jim Walsh - May. 25, 2012 09:47 PM
The Republic | azcentral.com
Four months after a road-rage incident in northeast Mesa, police have concluded that a veteran officer was to blame, not the man he arrested.
Aggravated-assault charges against Randy Smyers were dropped after an investigation found inconsistencies in statements by Sgt. Mike Duke, who was off-duty when the incident occurred.
Mesa Police Chief Frank Milstead said Friday that police believe it was Duke who landed the first blow during the incident. The Maricopa County Attorney's Office is reviewing the investigation, which was handled by Scottsdale police to avoid a conflict of interest, and will decide whether Duke will be charged with any crimes.
"This conduct falls far below the standards of the police department and the community,'' Milstead said. "We were less than accurate in the reporting of this original incident.''
Milstead said any disciplinary action against Duke would be determined after the County Attorney's decision and the completion of an internal-affairs investigation.
"Mike Duke served the police department for 19 years," Milstead said. "What happened this day was very unfortunate and it will probably change his life forever.'
Jerry Cobb, spokesman for the Maricopa County Attorney's Office, confirmed that his office has received an investigative report from the Scottsdale police. He said the matter is under review and no charges have been filed.
But the Mesa Police Association, which represents Duke, said Duke was driving off-duty on a Sunday morning to an urgent-care center with his three sons "when he encountered an aggressive man engaging in road rage.''
The MPA press release said Smyers stopped his car in the middle of a street and approached Duke's car "in a threatening manner.''
The MPA said Duke was in pain and that he acted to protect himself, his children and the public's safety. Duke had suffered a knee injury while playing baseball and was driving to an urgent-care facility to seek medical treatment.
"Officers are compelled to act on and off duty,'' Sgt. Ryan Russell, president of the association, said in a statement. "Sgt. Duke could have fled the area, but I don't think that's what the public expects of their police officers. Duke clearly felt his children and the public were threatened by Randy Smyer's erratic actions.''
The incident occurred about 7:30 a.m. on Dec. 18. According to court documents released at the time, Smyers became angry because he felt that Duke was tailgating him in his van, according to court document released by police after the incident.
Duke identified himself as a police officer and asked Smyers twice to move his car, but Smyers refused, shouted profanities at Duke and walked toward Duke's van, the report said.
But on a 911 tape released Friday by the department, it is Duke that is heard yelling profanities at Smyers, while Smyers asks Duke several times to identify himself.
"My ID's my gun, (expletive deleted),'' Duke told Smyers at one point. "I'll shoot you.''
Jerry Smyers, Randy's brother, told police that Randy just wanted Duke to drive around him when he stopped his pickup in the street, according to a police report.
Duke and Randy Smyers eventually got into a fight, during which Smyers suffered facial injuries and Duke injured his knee, the report said.
Debbie Spinner, Mesa's city attorney, said the city decided to negotiate a financial settlement with Randy and Jerry Smyers after they filed a notice of claim, a legal requirement before a lawsuit can be filed against a city.
Spinner said the settlements have not been completed.
A deputy city attorney said Mesa reached a $62,500 settlement with Jerry Smyers and negotiations with Randy Smyers are ongoing.
The police association said Duke's duties have included serving as a gang detective and gang-enforcement sergeant.
on sale now at amazon
paperback or ebook