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Suicidal Daytona Beach officer won't get job back




An arbitrator has decided a former Daytona Beach cop who threatened to kill himself and other policemen responding to his house after his wife called 9-1-1 is not fit to return to work as a law enforcement officer.

Arbitrator Trevor Bain of Alabama said the manner in which Ricky Delk handled the volatile situation at his home the morning of Nov. 11, 2010, could bode badly for other scenarios Delk will likely find himself in during the course of his duties.

"The arbitrator is convinced that the Grievant's actions on Nov. 11, 2010, indicate that the Grievant is not able to perform future assigned duties," Bain wrote in his 26-page report on Delk's grievance.

Delk, in fighting to get his job back earlier this year, argued that his behavior that morning in his DeLand home was fueled by an anti-depressant that had been prescribed to him.

The loss of his job runs counter to the situation of other officers who have been fired over accusations of wrongdoing, and have gotten their jobs back. That has happened either via arbitration, or, through negotiations between attorneys for the officers and the city, Police Chief Mike Chitwood said.

The morning of the episode at Delk's residence, he had woken up early and told his ex-wife Kim Jackson -- also a police officer -- that he dreamed he committed suicide in the shower. He also asked Jackson whether she loved him and she said no.

Delk then pointed two guns at his head and threatened suicide. Jackson called 9-1-1 and repeatedly asked Delk to put down the guns. When officers arrived at the scene, Delk threatened to shoot any cop who entered their home.

Jackson sternly warned her estranged husband that she would have to shoot him if he attempted to hurt a fellow officer. Delk fired one of the weapons, leaving a bullet lodged in the ceiling of a closet, police said. He was arrested and taken first to Stewart-Marchman Act for treatment, then to the Volusia County Branch Jail.

The criminal charge against Delk -- firing a deadly missile into a dwelling -- was never prosecuted by the State Attorney's Office. Instead, the charge was reduced to a misdemeanor.

Delk also accepted a deferred prosecution agreement that stipulated he could only carry a gun during working hours.

While Delk was not charged with a crime, Bain said Delk still committed an unlawful act, his report shows. In addition, Bain said he is concerned that because Delk is not allowed to carry a gun unless he's on duty, he would not be able to assist his department or his community if something occurred while he was off duty.

Bain also said the deferred prosecution agreement itself makes it obvious Delk should not be a cop: "This indicates to the Arbitrator that the court had serious reservations about allowing the Grievant to possess a weapon."

While Delk's actions occurred while he was off-duty, Bain said those actions reflect on his profession.

"Laxity of conduct or manner in private life will certainly reflect badly upon the law enforcement service and the individual law enforcement officer," Bain wrote in his opinion. "The community and the service require that law enforcement officers lead decent and honorable lives."

In the last couple of years, officers fired after controversial incidents have come back to work for the department.

Daytona Beach Lt. Major Garvin -- who made national headlines after being accused of asking for free Starbucks coffee in exchange for a better response time by police, was fired in 2008 and re-hired in 2010 even though police officials said he was untruthful when he was given a polygraph test.

But a Palm Coast arbitrator decided that the internal affairs investigation done on Garvin was incomplete, and was steered and "motivated by personal gain" by the sergeant who conducted the query. The arbitrator, George Mayer, ruled in Garvin's favor.

More recent re-hirings occurred last year when three officers -- Justin Ranum, Donald Aldridge and Sara Martin -- were put back on duty. None of the three went through arbitration, but were allowed back on the force under certain conditions.

Ranum and Aldridge stood trial on charges of damaging a resident's trailer in August 2010. The two officers were looking for a suspect, and investigators said they left several small dents in Sandra Haley's trailer off Beach Street as they searched for Haley's boyfriend.

In December 2010 though, a circuit judge acquitted both officers and they went back to work in late 2011, said police union representative Bob Walker.

Martin was accused of being untruthful during an internal affairs investigation. The query involved a domestic abuse situation that had occurred at the Ormond Beach house Martin shared with former Daytona Beach Officer Amy Monroe. Martin was rehired last October, Walker said. Monroe lost her arbitration and her firing was upheld.

On Wednesday, another controversial case will come before an arbitrator, when former Daytona Beach Detective Janet Hawkins tries to get her job back.

Hawkins was fired in 2009 after her arrest by Holly Hill police that year. Investigators said Hawkins scuffled with two officers and blurted out racial slurs. She was charged with resisting arrest with violence and resisting arrest without violence, a felony and a misdemeanor, respectively.

The felony was dropped and Hawkins was convicted of the lesser charge. A circuit judge ordered Hawkins to serve probation.