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Date of Report::
-21-09
Date of lncident:
lncident Location:
Supervisor
Supervisor:
Allen Gerard Signature:
This incídent concerns the conduct of:
an John McDevitt #743
Summary of Observation (attach additionatsheefs if necessary)
I have concluded the lnternal Affairs investigating for this case and have listed the following (6) Madison Police Standards of
:onduct sectíons for review and consideration by the Madison Police Commission. An indexed binder has been prepared
.I.6 TRUTHFULNESS
3.31 INCOMPETENCE
lntroduction
On or about March 20, 2008, Madison Chief of Police Paul Jakubson sent a
Madison Patrolman John McDevitt while he was working on Lt. Dobbins' shift,
wanted his responses in writing and reminded him that: (Sterling was terminated
for cause of lying during investigation). Lt. Dobbin began his interview of
Patrolman McDevitt on April 09, 2008 which was abruptly terminated by Chief
a number of open lnternal Affairs investigations, including the McDevitt l.A. # 08-
06, to the Connecticut State Police tnternal Affairs Unit for review and potential
investigation. lt was decÍded that l.A. # 08-06 and all corresponding documents
Various related documents from the McDevitt investigation were returned to this
agency from the Connecticut State Police on or about November 24th,2008 with
Summary
The following facts and circumstances are stated from personal knowledge, from
information received from other law enforcement officers acting in their official
patrol car nor did he make any attempt to investigate the cause of the alarm. He
had his backup officer clear, indicating that he was all set. Patrolman McDevitt
drove away from the alarm scene location and parked his patrol vehicle in a
place where the building was no longer visible to him. Lt. Dobbin asked
Patrolman McDevitt over the recorded police radio: "Building secure?" Officer
McDevitt stated in part, "l'm not jumping over fences. We didn't even check-it".
Lt. Dobbin then asked "No way around the fence?" Officer McDevitt replied:
"Negative. lt's a rusty old chain link fence. l'm not going to take any chances"
Officer McDevitt's response that there was no way around the fence came just
three (3) minutes after having been told several times by a Madison dispatcher
nd that he could just walk right into the grounds. His actions
responsibility to ihvestigate this alarm but chose to be deceptive and lie to his
the New Haven State's Attorney's Office; stating that their office will not accept
for review any arrest and search warrant applications wherein this officer is an
affiant or any other police documents signed by thís officer in the line of duty. ln
ii Signed: ¿A@- %r-{b Subscribedand swornro methis
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Notarf ruutiä
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&fadison Police Department
{nternal AffaÍrs trnvestÍgation
[A # 08-06
IErvestigaúor: Lt" Allen Gerard
Subject: Off. John McDevÍft
RF CN : S800001717
another case, the criminal defendant was granted reduced charges due to a
attorneys site B.rady V. Maryland, Giglio V. United States and other related case
officers.
NARRATIVE
On Wednesday February 20, 2008 there were three Madison police officers
#1 . Patrolman Baxter was assigned the North Madison sector #3, and Lt. Dobbin
was the shift supervisor. This deployment is a standard and accepted practice
when two patrolmen and one supervisor are working. All three officers were
working their no¡:mal shift. Officer McDevitt was not working any overtime hours
prior to his normal 4 PM to midnight shift. He was being paid at the standard
straight time contractual rate for his position and rank during this time frame.
night in question were in part to serve the community, safeguard and protect life
and property, detect and investigate crimes, patrol assigned areas on foot and in
of our community.
The temperature during the time of this incident was in the high twenties to low
thirties. The sky was clear with no precipitation. The weather would be
considered mild for this time of year. When Lieutenant Dobbin' eventually
arrived on scene regarding the alarm call tor service, he reported that he was
outside for approximately twenty (20) minutes during which time the only winter
Officer John McDevitt #743 is a trained experienced sixteen (16) year veteran of
the Madison Police Department and was dispatched to an audible alarm at the
Madison, Connecticut. Patrolman McDevitt's call for service was just over three
hours into his shift. The alarm had been reported by a female citizen who lives in
the area. She felt that she was doing the right thing by reporting the audible
alarm for Madison PoJice investigation, stating: " I just figured if I d'on't do
Signed: Subscribed and sworn to me this J {
offu-,2ooq
day
Notarfeuutic, (l^ûØYf
7
Vladisora FoEice ElepartmemÉ
trntenna[ Affairs Investigafion
IA, # 08-t6
trnvestñgæÉor: f-,,ú",A.trlen Gerard
Subjecú: tff" .Iohn McÐevitt
RF CN : û8&0û017X7
anything and then I read in the paper tomorrow that something bad happened
then you know, I didn't do my job". The Madison Police department encourages
its citizens to get involved and report suspicious activity for our investigation as a
While Officer McDevitt was ¡n route to handle the audible alarm, he made a radio
replyradiotransmission,dispatchadvisedMcDevittthatG
had received
notification of the alarm. That radio transmission was made over the Madison
Officer McDevitt arrived at the alarm scene at approximately 191 t hours and was
the audible alarm could be heard in the background. Thls entire nIl
The Madison dispatcher advised Patrolman McDevitt over a recorded radio that
he had spokenl. dispatch and they don't control this building. Dispatch
advised Patrolman McDevitt that they were trying to locate a responsible party or
key holder with no estimated time of arrival yet. At approximately 1928 hours, the
that a guy was coming from Old Lyme and wouldn't be there for about thirty
immediately known to the shift supervisor: Lt. Dobbin. Patrolman McDevitt was
therefore aware of the increased sense of urgency for him to act and verify if
-
Madison FolÊce Depantment
lnternal Affairs lnvestigation
IA# 08-06
Envesúigaton: Lt" Allen Gerard
Serbject: Off. .Iohn McDevitÉ
RF CN : 080t00X717
cleared the scene, stating over the police radio: "when they get here, if they need
At approxímately 1932 hours, Lieutenant Dobbin called Officer McDevitt over the
McDevitt.
Based on the above facts and circumstances, Lieutenant Dobbin was required to
respond to evaluate and take care of the scene himself. Upon Lt. Dobbin's
arrival at approximately 1943 hours, he found that the alarm was silent. At that
time, he found that the fence in question was rusty and in poor condition.
fence, which was later measured approximately fifty-five (55) inches in height, he
spots were the fence was bent over to the point where one could easily step over
Lieutenant Dobbin walked back towards the gate and his cruiser, at
approximately 1958 hours. He observed a civilian employee of the Wetlands
Restoration Unit identified as unlock the gate and dive into the
When Lt. Dobbin radioed that the key holder was on the scene, Officer McDevitt
-
radioed that he had been sitting on Inoad and would be returning to the
maintain a visual on the perimeter while parked down the road. Patrolman
McDevitt was unaware of either Lt. Dobbin's arrival and entry into the facility or
the key holder's arrival and entry until after it was announced over the police
radio. Anyone including perpetrators could have come and gone from the facility
Lieutenant Dobbin spoke ,ofabout the status of the alarm and informed
facility. At that time, him that when he had spoken to the Madison
Jtold
Police dispatcher on the telephone and told him that the
right of the gate. This was the first time Lt. Dobbin became aware of this
information, and that it had been provided to the Madison Police dispatcher.
About this time, Officer itt returned to the scene. ,Upon ehecking the
Signed:
12
MadÊso¡r PoBice Ðeparúmenú
ËmÉerna[ .dffairs [nevesfigation
E4# tg-06
[nvestigaÉor: [-,t. .&i[en Gerand
Subjeef; Off. Johm MeDeviÉt
RF CN : S80û00\7X7
interior of the buildings withlll they found that a motion sensor in one of the
Prior to clearing the facility, Lieutenant Dobbin had Offícer McDevitt walk with him
fence that he simply stepped over. Lieutenant Dobbin additionally checked to the
right / north side of the gate and found that approximately eighty feet away, the
was non existent. At that rocation anyone-
no attempt to check the alarm location was: "lt's their gig". Patrolman McDevitt's
-d
statement indicated that he felt that the audible alarm call for service he was
found that Officer McDevitt made a telephone call to the Madison Police
MadisonPoliceDispatcherisrelayinginformationhereceivedt'o'I
phone dispatch on his personal cell phone without the knowledge of the on-duty
shift supervisor and complains, asking "What am I supposed to do" and / or "Why
are you sending me to this call?" Another example is documented in l.A. 98-007
page 22 of 104 where Patrolman McDevitt stated (he did not recall or He did not
know) over two dozen times in one paragraph when being questioned by a
83 of 104.
Patrolman John McDevitt was interviewed regarding this lnternal Affairs case #
08-06 on April 09, 2008 and again on April 30, 2008. He was asked if he agreed
with the Mission Statement of the Madison Police Department and his reply was
"For the most part", indicating that he didn't agree with all of it. He was asked if
he agreed with the Madison Police Code of Ethics and stated "For the most part.
Sure", indicating that he didn't agree with it in its entirety. Patrolman McDevitt has
been dispatched to hundreds of alarms over the years but stated that he was
Madisonandwastheprimaryofficerdispatcheototrre]audiblealarm
on 02f-08. He acknowtedged that he did not know for sure what type of audible
alarm he had responded to, i.e. burglar, fire, medical etc. He admitted that he did
not.check the actual buildings, did not walk along any portion of the perimeter
and did not even exit from his patrol car during the entire time he was on scene.
additíonally admítted that he did not maintain a visual on the facility and that he
was unaware that Lt. Dobbin and the civilian key holder and arrived and entered
stated that he didn't want to climb over the gate or fence. This excuse had no
merit whatsoever, because he had knowledge that he didn't have to climb over
climb over the fence indicates that he realized he had a responsibility to check
Gonclusion
That based on the facts and circumstances as stated above, Officer John
McDevitt did not fulfill his basic patrol duties, functions, responsibilities or
expectations as a Madison police officer, failing to put any investigate effort into
the cause of the active audible alarm he was dispatched to and on scene for
McDevitt had taken the time to merely get out of his patrol vehicle as normal
protocol, he would have easily found numerous ways to access the facility
respondíng. His actions and omissions violated the basic trust bestowed on him
Madison who expect and are entitled to competent law enforcement services.
during a time when it is well known that the Madison Police Department is
When Lieutenant Dobbin asked Officer John McDevitt if the building was secure,
Officer McDevitt reported that the facility was fenced in. When Lieutenant
Dobbin very clearl¡¿ asked Officer John McDevitt if the¡,e was a way around the
Madison Police Dispatcher, that there was a way around the fence. A police
t7
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Notary Public:
':ÉMZ_
Madisom FolÍce Ðeparúrnemú
Ën terruæE Affairs [nvestigaÉion
[A # t8-06
lnvesúågator: tr t. Allen Genand
SubjeaÉ: Off. John McÐeviÉÉ
RF'CN : 0800001717
officer must maintain his character and credibility, because once it's lost, it's
gone forever.
Madison police officers have a duty and obligation as dictated in our Mission
the Madison Department of Police Services has gone so far as to enlarge and
McDevitt's actions in this LA. Patrolman McDevitt has chosen to act in a manner
himself, his fellow officers as well as the police department as a whole. His
actions have tarnished his own character and credibility as well as that of his
his deceptive conduct are all indicators that he is unwilling or unable to continue
respond the scene of alarm to address the call himself. The cost of
*þ¡-
Subscribeç! and sworn to m.e this
aay ofñ
ñå,^ffiL ltfMry
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18
Madison Fo[ice Ðepantment
fnúernal Affairs [nvestigation
I.4 # 08-t6
lnvestÍgator: l,t. .AÄlen Gerand
Subject: Off, .lo[¡ra WfcE]eviÉt
RF CN : 080Û0SL7X7
tolerated.
and abandoned his patrol duties by not investigating a call for service, being an
active alarm that he was sent to. He was additionally untruthful to his supervisor,
attempting to cover up and conceal his delinquent acts and omissions. McDevitt's
assigned tasks and failed to conform to work standards established for his rank,
grade and position as a Madison police officer. Patrolman McDevitt has thereby
violated the public's trust by tarnishing the credibility of the Madison Police
Department and all of its members. He failed to adequately carry out his sworn
Oath of Office and Code of Police Ethics. The Madison Police Department strives
for excellence over mediocrity; however Patrolman McDevitt has failed to rise to
The definition of related department offenses and violations are listed in part
under 5.4.2 and are as follows: Neglect of duty or disobedience of orders- Police
officers while on duty sþlldevote their time and energies to the duties and
Signed: #r / l-/- '+ Subscribçd and sw-orn trj me this Jf
d;y
"iÃ,J ,20ñ t r ¿.
Notaíyffili.,'W
Madiso¡r Folice Ðepartxnent
InÉen¡¡al Affairs Investigation
ïA# CI8-t6
[nvesÉigaton: l-,t" Allexr Gerard
Subjeet: Off" Johm MeÐeviÉÉ
RF'CN : 08tt$01717
responsibilities of the rank, grade, or position to which they are assigned; in
carrying out those duties, officers shall direct and coordinate their efforts in such
a manner as will tend to establish and maintain the highest standard of efficiency.
Any conduct or omission, which is not in accordance with one's established and
considered neglect of duty: Fail to take police action, on or off duty, in or out of
uniform, and/or fail to file any required written report; Fail to conduct a proper,
preserve and identify evidence of persons, property, and locations following any
and general orders are in part; Conduct unbecoming an officer- a police officer is
people he/she is a symbol of stability and authority upon whom they can rely. An
officer's conduct is closely scrutinized, and when his/her actions are found to be
excessive, unwarranted, or unjustified, they are criticized far more severely than
all tÍmes conduct him/herself in a manner which does not bring discredit to
shall include that conduct which tends to indicate that the officer is unable or unfit
the Department or its other members. Such prohibited activity is: Engage in
Patrolman John McDevitt has not shown or expressed any remorse, refusing to
recognize his error of being untruthful. His deception led him away from an alarm
safety. Patrolman McDevitt does not have an acceptable record with the Madison
included, but are not limited to: Two counseling's and a Written Reprimand for
The Brady V. Maryland decision analysis states that: ln law enforcement, there
are no second chances when it comes to the integrity of our officers and
Based on the totality of the facts and circumstances as stated above, Patrolman
22
Vladison Fofice Ðepartmemt
fnúernal Affains lmvestigation
IA # 08-06
IxnvestigaÉor: H.É.,{tEen Gerand
Subjecú; Off" .lCIhm lq/HcÐevitt
R.F CN ; 08tûûS1717
2.1.6 TRUTHFULNESS
Speak the truth at all times and under all circumstances. ln cases in whích
he/she is not allowed by the regulations of the Depañment to divulge facts within
while on duty when telling his immediate supervisor that there was no way
around a fence at an audible alarm call for service that he was responsible for.
He made this choice, knowing the serious consequences of lying, thereby loosing
Carry out their oath of office and the code of police ethics to the best of the
and perform his duties. He failed serue to the community by safeguardíng lives
and property thereby failing to maintain public faith and trust. Patrolman McDevitt
stated that he only agreed with his Code of Ethics "For the most part".
complaints, calls for assr.sfa nce, arresfs, and other duties in a firm and calm
manner without any unnecessary /oss of time; render assrsfance to allpersons
who request it, including fellow officers, so far as such assrsfance is consistent
with police duties. Any member who fails to efficiently perform his/her assþned
protect life and property or make any attempt to prevent the commission of a
although he was on scene for an extended period of time and choose to leave
police officer or upon his fellow officers, or the Police Depaftment, or which tends
to indicate that the officer is unable or unfit to continue as a member of the Police
officers.
Conducting or omitting the pefformance of one's duty such that that pefformance
2.3.31 INCOMPETENCE
An officer shatt maíntain competency to pefform his/her duty and to assume the
conform to work standards established for the officefs rank, grade or position.
he was the primary responding officer in his assigned sector of patrol. He' failed
to meet minimum work standards for his rank of Patrolman. Grade A status in the
Patrol Dívision.
Departmental offenses and violations include but are not limited to the following:
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