Sergeant may be fired over probe of officer misconduct

Keith Paul

Wednesday, May 9, 2001 | 10:45 a.m.

Sheriff Jerry Keller started the process Tuesday of firing a sergeant accused of covering up for an officer during an internal investigation of a misconduct complaint.

Keller signed Commander Mike Ault's recommendation that Sgt. Dan Southwell be fired after department charges of neglect of duty and falsifying a police report were sustained. That sends Southwell's case to a pre-termination board, which will hear the case and send a recommendation to Keller, Undersheriff Richard Winget said.

The board can recommend Southwell's firing or a lesser punishment, but Keller has the final say on the discipline.

Southwell was relieved of duty last week after an internal affairs investigation alleged he falsified reports in his investigation clearing Officer Richard Splinter of misconduct.

"If you lose your integrity, it's difficult to remain a police officer in a world where your word can send people to jail," Winget said. "We expect our supervisors to conduct fact-based investigations to determine if officers' actions are proper and will tolerate nothing less."

Southwell, 40, a 13-year Metro veteran, could not be reached for comment this morning.

Jon Tignor filed a complaint against Splinter claiming the off-duty officer pulled back his shirt to show Tignor his gun. Tignor, umpiring a baseball game, ejected Splinter from the game shortly beforehand.

Southwell, a patrol sergeant who supervised Splinter, conducted an investigation of the complaint and cleared the officer.

But Tignor filed a complaint with the Citizen Review Board, which called Southwell's investigation shoddy. Metro concurred with the board's assessment and reopened the case.

During the review of Southwell's investigation, internal affairs detectives found information in his report that appeared to have been concocted.

Southwell stated in his report a North Las Vegas Police lieutenant who was called to the ballfield found no wrongdoing on the part of Splinter. When the lieutenant was contacted, he claimed he never made such a statement, Winget said.

Police also found that a witness Southwell said was questioned about the incident never made a statement to police, Winget 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.

The new internal investigation sustained a misconduct complaint against Splinter and uncovered the suspected problems with Southwell's investigation, Winget said. Splinter's discipline for his conduct will be recommended by his supervisors, but most likely will not be as severe as what Southwell faces.

If Southwell is fired, he can appeal the decision.

Winget said there was only one officer he can remember who falsified a police report, and he was fired. An arbitrator ruled Metro had to rehire that officer, but Winget said the officer was accused of falsifying another report and was fired again.