Scott Martin could not be a police officer in Texas, but his felony burglary guilty pleas were no obstacle to certification for law enforcement work in Colorado.
"I've spent hundreds of hours at various points in my life ... trying to find some way, ANY way, to get into law enforcement in Texas, to no avail," Martin wrote in an April 2014 letter seeking permission to attend a Colorado police academy, which normally is off-limits to those with felony convictions. He explained that he received a deferred judgment after not contesting the criminal charges in 1991, and the judge dismissed the conviction after he completed probation.
Martin's application for an exemption was approved by Colorado's Peace Officer Standards and Training agency, which decides who can and cannot get certified for law enforcement work in the state.
"Based upon the information received, the circumstances surrounding the incident, and length of time between the offenses, I will grant your request for exemption from denial of certification for the felony conviction in this case," wrote Pete Dunbar, then-director of the POST agency.
Martin is one of 39 applicants with criminal backgrounds who received exemptions allowing them to seek, receive or extend certification in Colorado in the past five years. The Denver Post, which has published a series of articles on police officers certified and hired in Colorado despite troubled pasts, sought records from the state for all applicants who applied for exemptions since 2010.
There were 192 applicants, of whom 170 obtained exemptions. Many were seeking extensions to their certifications, which were expiring because of extended lapses in employment at police agencies. Officers seeking to transfer from an agency in another state also often were granted exemptions from work history requirements.
Martin's exemption highlights how Colorado is more lenient than other states on whether criminal convictions should disqualify police officer applicants automatically.
Of the 45 exemptions requested for criminal convictions, only six were denied, the newspaper found.
Those granted exemptions included people who pleaded guilty to assaults, drug crimes and domestic violence. Some states, including Texas, Missouri and Florida, have more stringent standards.
"The way the laws are written in Texas, probation implies you pleaded guilty," Martin explained in an interview with The Denver Post.
"Youth prank"
Martin has asked Texas authorities to be flexible, but they say they cannot skirt the state's employment laws for police, he said. He does not think the indiscretion from when he was 18 should bar him from pursuing his dream of becoming a police officer.
Martin said he was only an accessory in the wrong place at the wrong time and that a friend initiated the burglary.
"Colorado is one of those few states that will make that exemption on a case-by-case basis and give you that shot," Martin said.
"Is what amounts to a stupid youth prank something that should haunt a man for the rest of his life?" he asked.
Receiving an exemption does not mean an applicant ended up landing a job at an agency. Martin has not succeeded in his attempts to get hired by the Colorado State Patrol.
Martin was one of two exemptions granted in Colorado in the past five years despite felony guilty pleas. The other felony involved a deferred judgment for resisting an executive officer.
In addition to leniency on deferred judgments, Colorado allows those convicted of certain disqualifying misdemeanors to seek exemptions even when a deferred judgment was not granted. Denials can be appealed to the POST board, which comprises the state attorney general, law enforcement officers and citizens.
The Denver Post's review found that at least 14 of the exemptions granted in the past five years went to individuals who had received deferred judgments. Nearly half of the individuals who were granted exemptions had pleaded guilty to misdemeanor charges involving assault or domestic violence.
The more lenient standards in Colorado are generating some controversy following the disclosure that one of those who benefited was Jeremy Yachik. Despite a guilty plea to felony fraud in New Mexico, Yachik went on to have a law enforcement career in Colorado checkered with personnel transgressions and criminal convictions. Yachik had received a deferred judgment.
State Rep. Angela Williams, D-Denver, who plans to push legislation during the current session that would revise Colorado's police hiring requirements, said she will address the issue of deferred felony judgments in police hiring. She also is reviewing how the exemption process works and considering possible restrictions on it.
"I want to close the loopholes," she said. "But I haven't formed any opinions on what I want to do yet. I'm still gathering information on the process and trying to find out under what circumstances deferred judgments may be granted."
The POST board last month instructed the Colorado attorney general's office to work with legislators to craft legislation that would close the deferred judgment loophole.
Among the cases reviewed by the newspaper was an applicant who was on probation who failed twice in her attempts to get an exemption from her criminal conviction of misdemeanor harassment involving a strike, shove or kick.
In another case, the POST agency rejected an applicant convicted of misdemeanor indecent exposure. The denial letter noted the applicant originally had been charged with felony sexual abuse and dangerous crimes against children.
At least one applicant whose exemption request was denied ended up getting police certification and landing a job in law enforcement.
"Childish mistake"
Kyle Bacon in 2012 sought an exemption for his guilty pleas to felony trespass and theft charges. He said in his application letter that he had pleaded guilty in 2009, when he was 16.
"It was an unintelligent childish mistake that I have since learned from and have bettered myself because of," he wrote.
The POST board denied his appeal, noting that Bacon never submitted documentation that the criminal conviction had been expunged.
In 2014, Bacon was hired as a Black Hawk police officer. He resigned after nearly a year, and officials there have declined to discuss his employment history. Black Hawk Police Chief Stephen Cole said he was not aware of Bacon's guilty plea when he hired him. Bacon, who could not be reached for comment, did not divulge his previous conviction when he applied for work in Black Hawk.
"As the records indicate, Mr. Bacon requested and was denied an exemption in 2012," said Roger Hudson , a spokesman for the state attorney general's office, which oversees the POST agency. "Mr. Bacon successfully completed a basic police academy in 2014 and received certification as there was no record of a disqualifying event."
Originally Posted by Ron Paul
Reply With Quote
Connect With Us