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Settlement reached with Officer Ellis
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By Andrew Kuehl
KEWASKUM- Kewaskum Police Officer Troy Ellis is back on the job after receiving a five-day unpaid suspension. A disciplinary hearing before the village’s Police and Fire Commission (PFC) concluded on Thursday, June 28, when Chief of Police Richard Knoebel presented a settlement reached with Ellis.
Chief Knoebel suspended Officer Ellis on April 28, 2007 with pay. On May 1, Knoebel requested a gamut of charges to be investigated by the PFC. Those charges ranged from officer misconduct to use of alcohol against the 18-year veteran of the department.
The charges stem from an incident where Officer Ellis was found intoxicated, trying to get inside his neighbor’s home during the early morning hours of March 18, 2007. He was off-duty and had to be removed from the scene by a fellow village police officer and taken to his home less than an eighth of a mile from his own home.
Testimony in the hearing began on Tuesday, June 26. Denise Kenworthy, the homeowner was the hearing’s first witness. She gave a play-by-play of the events as they unfolded shortly after she heard the family’s dog barking around 1 a.m. on March 18. She indicated that her husband, John Kenworthy went to the back door of their home to find a man standing there. She then called 9-1-1. “I was very, very scared, afraid of who this intruder was trying to get into our home,” she stated.
The commissioners heard a 9-1-1 recording which Denise Kenworthy made the night she believed an intruder was trying to get into her family’s home. When asked, she stated that she would not like to see Officer Ellis fired over the situation.
John Kenworthy was the next person to testify before the commission. He echoed the thoughts of his wife when asked if he thought Officer Ellis should be fired. “We’re all neighbors, his kid and my kid walk home from school together. We want things to get back to normal. As horrible as the night was, we didn’t want to press charges. I guess I stick by that, we still feel that way. We have a community here. We have to take care of each other as much as we can,” he added.
Kenworthy continued by saying he was disappointed that after the whole ordeal, Officer Ellis neglected to apologize for making a “mistake.” “Troy you could have called me, come over, I wish you would have said, ‘I screwed up last night.’ No apology, that is hard for me. I am more disappointed in that,” he concluded.
Officer Al Ratzel was the third to testify. He explained his response to the evening. He stated that in his opinion, Officer Ellis was intoxicated. “He had to be pretty high, he didn’t recognize me,” Officer Ratzel revealed.
Officer Ratzel stated that he swayed from normal department policy when handling the situation with Officer Ellis. He admitted that he did not arrest him because he was a fellow officer. A normal response would have seen Officer Ellis arrested for disorderly conduct, battery to a police officer and criminal trespassing.
Officer Ratzel also stated that he never handcuffed or performed a pat down of Officer Ellis. He also neglected to perform a Breathalyzer test that would have documented Officer Ellis’s degree of intoxication. He just gave him a ride to his home, less than an eighth of a mile from the Kenworthy residence.
Officer Ratzel alerted the commissioners and those in the audience that a new policy has been put in place in the department, stating that if a police officer comes across criminal activity by an officer, the officer must be arrested and turned over to the Sheriff’s Department.
A break was requested by the court reporter. The five-minute break turned into an over hour-long discussion between Ellis and Knoebel’s attorneys. When the hearing resumed, both sides requested a continuance. Both announced a possible settlement in the matter.
Because of the continuance, testimony from Captain Steven Gonwa of The Washington County Sheriff’s Department was not heard. Captain Gonwa conducted an independent investigation of the matter. Chief Knoebel was also scheduled to take the witness stand.
Ellis received a total 15-day unpaid suspension. However, the settlement states that after the immediate five days, 10 days will be held for 18 months. If Ellis does not receive any disciplinary action in 12 months five days will be erased. If he continues for another 12 months without disciplinary action, the remaining five will be dropped.
Should Ellis go 18 months without disciplinary action, the 15-day total suspension will be removed permanently from his employment record with the village. It will however reflect that he served a five-day suspension without pay.
Ellis is also required to undergo an alcohol assessment and attend any counseling recommended as a result of the assessment.
Commissioner Jeff Roher made the motion and he received a second from Tom McElhatton, to withdraw the charges, they earlier accepted from Chief Knoebel. Commissioner Ed Miller opposed the measure and stated, “we are responsible for the outcome, we haven’t had a damn thing to say yet.”
Attorney for the PFC Paul Alexy explained that since Officer Ellis withdrew his appeal and Knoebel withdrew the charges there was nothing for the commission to act on.
In a return phone call, Officer Ellis stated he did not want to comment on the settlement offer.
Chief Knoebel stated that he changed his mind after negotiations and hoped that the remedial solution would take care of the problem and prevent any future problems.
To see a copy of the settlement click here.
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