Metro officer cleared of bribe charge

Keith Paul

Thursday, June 8, 2000 | 11:26 a.m.

An Idaho judge dismissed a felony bribery charge against a Metro Police lieutenant filed after prosecutors alleged he offered an Idaho state trooper $2,000 to avoid a drunken-driving arrest.

District Court Judge Darla Williamson said in her decision released Wednesday throwing out the charge that she didn't believe Trooper Tim Horn viewed what was said as an offer for a bribe by Lt. Larry Spinosa.

"First of all, the court believes Horn did not view the question to give Horn two grand as an offer to bribe Horn. Horn promptly forgot the question," Williamson wrote in her opinion to dismiss the charges based on testimony at a May 1 preliminary hearing.

"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."

No mention of a bribe offer was in his report of his June 13, 1999, traffic stop of Spinosa in McCall, Idaho. Spinosa was charged with a misdemeanor count of driving under the influence.

David Nevin, Spinosa's attorney, said he expected the charge would be dismissed by the judge and not go forward for trial.

"It was clear that Larry never had the intention to bribe anyone. The judge made the point he appeared to be referring to the bond money. He was just talking about posting bond," Nevin said.

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 it in the 10 months since Spinosa was pulled over.

"You sure have to wonder about this. The (bribery) charge sat for all that time and then ends up getting filed after the Las Vegas media became interested," Nevin said.

Local media interest in the case swelled when a videotape of the traffic stop was released by Roats, who could not be reached for comment this morning. He has said that media interest played no role in his decision to file charges.

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.

When Nevin asked Horn 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.

The judge noted this in her decision when she decided "the court concludes the evidence is insufficient to find probable cause to hold the defendant to answer the charge in district court."

Spinosa reached at his home said he was happy the charges were dropped.

"I'm glad that the truth finally came out," Spinosa said. "I'm grateful for all the support that I got from family, co-workers and friends."

But the judge's ruling doesn't end Metro's internal investigation into the bribery allegation. Spinosa has been on administrative leave with pay since March, when the bribery allegation was revealed.

Spinosa, who headed the Internal Affairs Bureau at the time of the traffic stop, pleaded guilty to the DUI charge, and an internal investigation ruled he engaged in conduct unbecoming an officer. But another internal investigation was started once Metro Police learned about the bribery allegations.

Metro is waiting for transcripts from Spinosa's court appearance on the DUI charge to finish the internal investigation.