Metro Police lieutenant given 2-week suspension

Keith Paul

Friday, Aug. 18, 2000 | 11:37 a.m.

A Metro Police lieutenant who had bribery charges against him in Idaho dismissed in June will be suspended for two weeks for his conduct when stopped by an Idaho State Police trooper last year, Sheriff Jerry Keller told the Sun.

A three member "pre-termination" board met this week and recommended the 80-hour suspension without pay for Lt. Larry Spinosa. Keller said he signed the order Thursday.

The sheriff said he ordered the board hearing to look at all the facts of the case and make a recommendation. Keller could have rejected the recommendation and imposed a different punishment up to and including firing Spinosa.

Spinosa's punishment comes about two months after Idaho District Court Judge Darla Williamson dismissed felony bribery charges against Spinosa brought by a prosecutor who alleged he offered an Idaho state trooper $2,000 to avoid a drunken-driving arrest.

"I'm confident he will continue to be an excellent police officer and serve the community well," Keller said. "This was an unfortunate incident, but this should put it behind us."

Spinosa, a 20-year Metro veteran, could appeal the punishment, Undersheriff Richard Winget said. Spinosa referred questions to his attorney, who could not be reached for comment this morning.

If Spinosa doesn't appeal the punishment, he could start serving the suspension immediately and then return to his post in the property crime unit, Winget said. Spinosa, who before the DUI arrest had a spotless record with Metro, has been on administrative leave with pay since April when the bribery allegations surfaced.

An internal investigation last month sustained charges of conduct unbecoming an officer and failure to report he was under investigation for a crime against Spinosa in connection with a June 1999 traffic stop in Idaho, Winget said.

"The judge could find no bribery and the (Idaho) trooper didn't think enough of (the alleged bribery offer) to include it in his report," Keller said. "We found misconduct, but there was no criminal action in his conduct."

Spinosa was stopped by Trooper Tim Horn on June 13, 1999, in McCall, Idaho. Spinosa failed several road-side sobriety tests and was charged with a misdemeanor count of driving under the influence.

Spinosa, who was then the head of Metro's internal affairs unit, later pleaded guilty to driving under the influence and was suspended for 40 hours by the department. But another internal investigation was started after the bribery allegation surfaced in March.

A videotape recording of the stop was made from a camera mounted inside Horn's patrol car. It recorded the conversation between Horn and Spinosa, including when Spinosa first asked how much his bail would be on the charge and was told $2,000.

Spinosa: "Well, I'm pleading guilty. I'll pay the two grand ... and I don't know what to tell you man. You know what, can I ask you a question?"

Horn: "Sure."

Spinosa: "Can I just give you two grand, and, you know, I don't need a DUI on my arrest record, man."

Horn: "No, I'm sorry."

Williamson said in her opinion that Spinosa wasn't trying to avoid prosecution or punishment and was obviously very intoxicated. She said she didn't believe Horn viewed what was said as a bribe offer.

When Horn was asked at the preliminary hearing why he didn't put anything about the money into the report if he believed it was a bribery offer, Horn replied he forgot to put it in.

Valley County, Idaho, prosecutor Richard Roats didn't file bribery charges against Spinosa until April, saying the delay was because he is the only prosecutor in the rural county and hadn't gotten to the case in the 10 months since Spinosa was pulled over.

Local media interest in the case swelled when a videotape of the traffic stop was released by Roats in March. He has said that media interest played no role in his decision to file charges. Metro officials didn't find out about the bribery allegation until after the videotape was released to Las Vegas media.