Monday, June 25, 2001 | 10:58 a.m.
A Metro Police sergeant accused of falsifying an investigation that cleared another officer will be suspended for up to one month, but will not be fired, police officials told the Sun this morning.
Sheriff Jerry Keller decided to impose a "major suspension" on Sgt. Dan Southwell instead of firing him after department charges of falsifying a police report and neglect of duty were sustained. The suspension can be from 40 to 160 hours without pay, Undersheriff Richard Winget said.
"The pre-termination board reviewed the case and determined the problems with the investigation were not intentional," Winget said.
The board met last week and recommended to Keller that Southwell be suspended. Southwell's commander recommended earlier this month he be terminated. The final decision was up to Keller.
Southwell also will be required to take remedial training on conducting an investigation of a citizen's complaint about an officer. Supervisors are sometimes required to do such investigations, but in recent months most citizen complaints have been reviewed by the internal affairs unit.
An internal investigation done by Southwell was reopened after the Citizen Review Board determined that it had been conducted poorly. Metro's internal investigation determined Southwell put false information into a report that cleared an officer of any wrongdoing in a complaint filed by a citizen.
"Although the Citizen Review Board never received a complaint alleging misconduct by Sgt. Southwell, it is to their credit that they were able to uncover the biased investigation he conducted in this case so that appropriate measures could be taken by Metro," said Andrea Beckman, the review board's executive director.
Southwell, a 13-year Metro officer, spent much of his career as a detective, but Winget said no criminal investigations have been called into question.
Southwell, 40, was promoted to sergeant in March 2000 and assigned to patrol. Over the next seven months, he conducted eight internal investigations of his squads. The cases concluded with six of them exonerating the officers and two sustaining complaints against them, Winget said.
In the investigation that has led to the suspension of Southwell, the sergeant in July cleared Officer Richard Splinter of wrongdoing after a citizen complained the officer pulled back his shirt and showed his gun after an umpire ejected him from a baseball game.
After Splinter was cleared, the umpire, Jon Tignor, filed a complaint with the Citizen Review Board, which sustained the complaint of misconduct and chided Metro for the poor investigation.
Metro concurred and reopened the case in February. Internal affairs detectives found information in his report that appeared to have been concocted.
Southwell stated in his report that a North Las Vegas Police lieutenant who was called to the ballfield found no wrongdoing by Splinter. When the lieutenant was contacted, he claimed he never made such a statement, police said.
Police also found that a witness who Southwell said was questioned about the incident never made a statement to police, police said.
The review board said in its report that Southwell didn't even interview two of the three witnesses named in the incident report filed by Splinter.
"The investigating officer interviewed only two witnesses, the officer who was the subject of the complaint and one other witness who had been friends with both the investigating officer and the officer charged with misconduct," the board wrote.
Southwell contacted Tignor, but "based upon his experience," decided Tignor "was drunk and uncooperative." The board found Tignor doesn't drink, but he does have a speech impediment, the board said in its decision.
Gary Peck, executive director of the American Civil Liberties Union of Nevada, said the case illustrates the need for an outside look into the actions of police.
"I am gratified that the sheriff saw fit to impose a major suspension. Whether or not an even more severe disciplinary action was called for is a matter of judgment," Peck said. "What is obvious is that there is little consistency in regards to the types of punishment that are imposed and whether or not these matters are open to public view."
Earlier this month a detective was fired under the department's truthfulness policy after officials claimed he lied during an internal investigation into a minor off-duty traffic accident.
Detective Frank Hernandez's attorney questioned whether the firing of Hernandez fits with the goals of the policy, which was enacted this year. Hernandez will appeal his firing to an arbitrator, his attorney said.
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