Lieutenant could be dismissed by Metro

Keith Paul

Friday, July 7, 2000 | 10:50 a.m.

A Metro Police lieutenant who had bribery charges against him in Idaho dismissed last month now faces a department hearing that could lead to him being fired, Metro officials told the Sun.

Sheriff Jerry Keller Thursday afternoon order a "pre-termination" hearing for Lt. Larry Spinosa after an internal investigation sustained charges of conduct unbecoming an officer and failure to report he was under investigation for a crime, Undersheriff Richard Winget said.

The three-person board will hear evidence in the case and make a recommendation to the sheriff, who will ultimately decide if Spinosa is fired.

Spinosa, who has been an officer for 20 years, said he will fight to keep his job at the board hearing.

"I'm not happy about the decision, but they did what they had to do," Spinosa said. "I plan to fight it."

Keller's order for the pre-termination hearing comes about a month after Idaho District Court Judge Darla Williamson released her decision to dismiss 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.

Spinosa was stopped by Corporal 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 disciplined by the department. But another internal investigation was started after the bribery allegation surfaced.

Deputy Chief Mike Hawkins will head the board that will recommend if Spinosa should be fired. A captain and a civilian Metro department head will also be on the board.

The board will sift through the entire case and Spinosa can be defended by an attorney during the hearing, Winget said.

"It's not uncommon for a pre-termination board to come back with a recommendation of less than termination such as a demotion or a suspension," Winget said.

But whatever recommendation comes back, Keller has the finial decision. Spinosa could also appeal if he is fired.

It could be a month or more before the board is formed and a hearing date set. During that time Spinosa will remain on administrative leave with pay, his status since March when the bribery allegations surfaced.

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. 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.

The internal investigation determined Spinosa didn't inform the department about the possible bribery charge, Winget said.

Roats said Thursday that he did say during a 1999 court hearing on the DUI charge that the investigation was continuing on the bribery allegation and charges were pending.

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."

Spinosa: "Yeah, I know you're sorry. Forget about it."

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.

"Horn is a straight shooter and respected officer. Had he thought an offer to bribe had been made, he would have included it in his report and immediately submitted it to the prosecutor," the judge wrote in her opinion.

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

Roats said Thursday he has not decided if he is going to appeal Williamson's decision to dismiss the bribery charges.

He has 42 days from Williamson's June 5 decision to appeal. Roats also said he has up to five years to refile the felony charges.

Roats defended filing the charges against Spinosa saying, "based upon my review of the tape I felt like we could satisfy the necessary proof for the bribery charge."