By Staff
Dowagiac police officer Jerid Ostrom's June 29 acquittal points up a number of areas where the Cass County Sheriff's Office was lax or worse in investigating an alleged drunk driving case Oct. 15, starting with an obvious conflict of interest on a couple of different levels.
Testimony that an accident involved not only one of its own officers, Deputy Melissa Smith, but also a former fiance of Deputy Kim Purlee, should have sent up big red flags for the deputies dispatched even before it was brought to the attention of Sgt. Jeff Smith, shift supervisor for the road patrol.
Sheriff Joe Underwood should put in place policies clearly outlining how evident conflicts of interest, like ones that cropped up in this crash, should be handled so it can't happen again.
There's also no excuse for lack of communication when officers are equipped with car radios, utility belt radios and cell phones, yet do not contact their supervisor.
They also weren't equipped for Saturday night patrol in Cass County.
Deputy Darcy Garwood wasn't even carrying a portable breath test (PBT).
Nobody was given a field sobriety test, ostensibly because non-drinker Michael Smith, father of Deputy Melissa Ostrom, took responsibility.
But that ignored civilian sentiment at the scene, where people testified to advising officers that the circumstances warranted alcohol testing, even though no witness could definitively place Ostrom behind the wheel of the black Dodge Durango with tinted windows.
Sgt. Smith was wedged between a rock and a hard place with his department command directing him to re-investigate the crash hours after the evidence-gathering window of opportunity closed.
Smith admitted on the witness stand he didn't want to be responsible for such a review, preferring that the Michigan State Police handle the matter.
Smith said an accident reconstructionist was not called because department protocol is that is activated by a fatality, but testimony failed to explain when or why not state police become involved.
It wasn't a very reassuring sight seeing Special Berrien County Prosecutor Jeff Rhoa armed with only a crude drawing of the scene along M-60 in Jefferson Township as the totality of the physical evidence available to the people.
Rhoa was philosophical about the verdict four women and two men returned after a day-long deliberation of an event which easily could have ended tragically, pointing out that good could result if it forces officers to reflect on their conduct and decision-making processes.
We trust they will. Law enforcement does not lack for critics who believe police give each other preferential treatment compared to the justice they dispense to the public.
That's the last stereotype that needs reinforcing.