Ryan McCulloch had a way of escaping serious repercussions from drunken driving. Arrested in April 2002 after hitting a parked car in Henderson, failing breath and field sobriety tests and registering a blood-alcohol level over the legal limit, McCulloch avoided charges partly because his blood wasn't drawn within the state-required two hour-limit after the arrest and largely because assistant city attorney Ben Little lacked the evidence to prosecute McCulloch. The assertion sparked allegations that McCulloch, a 25-year-old Las Vegas police officer, received preferential treatment.
"We've prosecuted lots of cops," Little told the Las Vegas Sun.
McCulloch would rack up two more DUI arrests (jailed and charged in both incidents) in the ensuing 19 months. He kept his job after the second incident, on May 18, 2003, but resigned three months after his September 28, YEAR, arrest—just before a pre-termination board hearing in which he was likely to be fired. Undersheriff Doug Gillespie told the Sun that McCulloch could've been fired after the second offense—again, he failed breath and field sobriety tests; his blood alcohol level was nearly double the legal limit at .18—but "his chain of command did not feel what he did warranted termination."
So are cops subjected to a different standard when it comes to DUI arrests? Of course, police say no.
What's indisputable is that more cops are being arrested for drunken driving (1999's CopShock, Surviving Post Traumatic Stress Disorder claims 25 percent of U.S. police are alcoholics). The cases pile up: a Tucson police sergeant arrested last year; Sunnyvale, California, police Lt. Douglas Sims arrested September 22 (officers discovered a cache of firearms and a dead pig in his truck). Count local law enforcers among the busted, too, including two incidents last month. State Parole and Probation Administrator Edward Henderson was arrested October 9 on a drunken-driving charge after being involved in a two-vehicle collision at Warm Springs Road and Stephanie Street. On October 2, Metro Lt. Chris Van Cleef, a 20-year department veteran, was arrested by the Utah Highway Patrol on suspicion of drunken driving.
In the most salacious case, Henderson Police Sgt. Danny Medina was arrested in November 2003 after rear-ending a stopped BMW at a red light on Sahara Avenue and Highland Drive. Medina allegedly threatened a Nevada Highway Patrol trooper, according to the arresting officer's police report. ("If you come to Henderson, I'll kick your ass") and fled before being pulled over and apprehended. Henderson Police spokesman Keith Paul says Medina remains on the force, but declined comment on Medina's discipline, citing confidentiality rules.
While cops arrested for DUIs are rare occurrences, Metro spokesman, Sgt. Chris Jones acknowledges that they do happen. "We are human," he says. When it does occur, what's called a discipline "matrix" springs to life.
"Department employee violations for domestic abuse and DUI are a breach of the department's fundamental values, as well as the community's confidence," reads section 6/020.00 of Metro's matrix. "Because of the nature of these offenses, it is the policy of this department to deal with offenders through administrative sanctions in conjunction with court-specified remedies. The department shall make support programs available to assist members in resolving contributory problems when appropriate."
Metro policy prescribes: notifying the employee's superiors; an Internal Affairs Bureau investigation into the complaint; determining if the employee can undergo court-referral action treatment, counseling or training and what discipline will take place if court-referral action isn't available for the offense, is declined by the employee or must be accompanied by another form of discipline (such as 40 hours unpaid suspension). The employee's bureau or area commander then confers with the employee's supervisor regarding the implementation of the court program and/or discipline and makes a decision. Henderson police also has a discipline matrix.
At Metro, first-time DUI violators face a major suspension—40 hours to 160 hours without pay—according to Mike Snyder, Metro's labor-relations director. Second violations incur additional suspension time and, possibly, termination. Officers have the right to appeal verdicts. If they complete prescribed treatment and counseling program, portions of their suspensions can be held in abeyance, as in McCulloch's case—he only served half of his 80-hour suspension after undergoing alcohol counseling. The HPD's Paul says discipline can range from reprimand to dismissal.
Metro also offers cops assistance through the Police Employees Assistance Program, a year-round peer-support program connecting officers and employees with professional help. PEAP spokesman Sgt. Tom Harmon says family-related issues comprise the bulk of cases involving both cops and civilian employees.
"Luckily, we don't have many officers arrested for DUI, so it's rare for them to use this program," Harmon says. "Most employees use this program prior to arrest or DUI."