ALJDEC decisions subject to certification as final

19A-066-POST · Peace Officers Standards and Training · 2021-12-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Peace Officer Certification of:

Deborah S. Thompson,

Respondent.

No. 19A-066-POST

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: November 30, 2021

APPEARANCES: The Arizona Peace Officers Standards and Training was represented by Assistant Attorney General Gino Duran. Respondent Officer Deborah S. Thompson did not appear.

ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer

_____________________________________________________________________

FINDINGS OF FACT

Deborah S. Thompson completed peace officer training and received certification from the Arizona Peace Officer Standards and Training Board (POST). In October 2016, the Arizona Western College Campus Police Department employed Officer Thompson.

From October 2016 through January 2018, Officer Thompson cohabitated with Mr. CR. When Officer Thompson and Mr. CR separated, all of Mr. CR’s personal belongings remained in the residence occupied by Officer Thompson and Mr. CR continued to pay the monthly utilities and services.

On or about May 9, 2018, Officer Thompson applied for and was granted Order of Protection against Mr. CR, and Mr. CR was served with the order on or about May 18, 2019. However, Officer Thompson and Mr. CR continued to communicate with one another by phone, texting, and email.

In June 2018, Mr. CR notified Officer Thompson that he was moving to Tennessee and made arrangements to retrieve his personal belongings including appliances, furniture, electronics, firearms, and clothing.

On or about June 12, 2018, Officer Thompson contacted the Yuma County Sheriff’s Office (YCSO) and filed a complaint alleging that Mr. CR violated the Order of Protection by texting her. Mr. CR was arrested and citing into court.

On or about August 30, 2019, legal counsel for Mr. CR contacted the Yuma County Attorney assigned to prosecute Mr. CR for violating the Order of Protection and requested arrangements be made for Mr. CR to retrieve his person property from the residence of Officer Thompson. When the prosecutor contacted Officer Thompson, Officer Thompson stated that she no longer had any of Mr. CR’s property because she had donated all of it to Goodwill. A criminal investigation was initiated.

On or about September 6, 2018, while being interviewed by a YCSO investigator, Officer Thompson again asserted that she had donated all property belonging to Mr. CR to Goodwill.

During the investigation, however, it was discovered that Officer Thompson had retained possession of some of Mr. CR’s property, disposed of some of Mr. CR’s property by throwing it away or she had given some of the property to friends and only a small amount of Mr. CR’s property had actually been donated to Goodwill. The total value of property Officer Thompson donated, gave away, destroyed, or retained for herself was $14,965.31.

On or about September 10, 2018, based on the findings of the YCSO investigation, the Yuma County Attorney’s Office filed a motion to dismiss the criminal complaint against Mr. CR for failure to comply with a court order, and the motion was granted by the court.

On or about April 11, 2019, following a Grand Jury proceeding, Officer Thompson was charged with theft.

On or about May 20, 2019, Officer Thompson was terminated from the Arizona Western College Campus Police Department.

On or about May 20, 2019, POST received a Termination Report from the Arizona Western College Campus Police Department informing POST that Officer Thompson had been terminated and the Arizona Western College Campus Police Department was aware of conduct that may violate A.A.C. R13-4-109(A)(1-9).

On or about August 9, 2021, Officer Thompson waived her right to trial and entered a guilty plea to a count of Theft, a class six felony. Officer Thompson was sentenced to thirty six months of supervised probation and ordered to pay Mr. CR $14,625.51 in restitution.

POST assigned Compliance Specialist Steven Jacobs to investigate whether the circumstances of Officer Thompson’s termination from the Arizona Western College Campus Police Department provided cause to discipline her peace officer certification under POST’s administrative regulations. After review, POST determined that cause existed to discipline her certification.

Officer Thompson requested an administrative hearing on POST’s decision. POST referred the matter to the Office of Administrative Hearings (OAH), an independent state agency, for an evidentiary hearing.

On or about August 27, 2021, POST issued a Notice of Hearing. The Notice of Hearing charged Officer Thompson with violating A.A.C. R13-4-109(A)(7), (8), and (12).

On November 30, 2021, a hearing was held at the OAH on the issue of whether cause existed for POST to discipline Officer Thompson’s peace officer certification. POST submitted 10 exhibits and presented the testimony of two witnesses: (1) Sgt. Ken Thrailkill and (2) Mr. Jacobs.

Notably, Officer Thompson did not appear at the hearing.

Sgt. Thrailkill testified that during his investigation, Officer Thompson went through the list of Mr. CR’s items and indicated whether she had possession of them, had donated them to Goodwill, had given them to a third person, or had thrown them away. Of note, Officer Thompson maintained that she had given away and AR-15 weapon to an individual whose last name she did not know and had given away a Chihuahua/Pomeranian mix dog. Officer Thompson reported that she could not recall the disposition of approximately seven other weapons. Sgt. Thrailkill stated that the missing weapons were entered into the system as stolen and had not surfaced.

Mr. Jacobs testified that after receiving the termination report, he started his review of the matter. Mr. Jacobs indicated that he did not recall having any contact from Officer Thompson during the pendency of his investigation.

CONCLUSIONS OF LAW

This matter lies within POST’s jurisdiction. See A.R.S. § 41-1821 et seq.

POST bears the burden of proof to establish cause to discipline Officer Thompson’s peace officer certification by a preponderance of the evidence. See A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1); see also Vazzano v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952). Officer Thompson bears the burden to establish affirmative defenses by the same evidentiary standard. See A.A.C. R2-19-119(B)(2).

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.” Morris K. Udall, Arizona Law of Evidence § 5 (1960). A preponderance of the evidence is “[t]he greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.” Black’s Law Dictionary 1220 (8th ed. 2004).

Under A.A.C. R13-4-109(A), POST may “[d]eny, suspend, revoke or cancel the certification of an officer” who does not comply with duly promulgated rules prescribing reasonable minimum qualifications for officers. See A.R.S. § 41-1822(C)(1). POST may discipline an officer’s certification under A.A.C. R13-4-109(A)(7), (8) or (12) if it determines that he has committed acts that constitute any of the following:

7. Committing a felony, an offense that would be a felony if committed in this state, or an offense involving dishonesty, unlawful sexual conduct, or physical violence;

8. Malfeasance, misfeasance, or nonfeasance in office;

. . . .

12. Engaging in any conduct or pattern of conduct that tends to disrupt, diminish, or otherwise jeopardize public trust in the law enforcement profession.

Malfeasance is defined as “[a] wrongful or illegal act.” Misfeasance is defined as “[a] lawful act performed in a wrongful manner.” Nonfeasance is defined as “[t]he failure to act when a duty to act existed.”

POST established that Officer Thompson wrongfully donated, gave away, or kept Mr. CR’s property and made dishonest statements to the county attorney regarding the property. POST also established that Officer Thompson was convicted of a Theft, a Class 6 felony, pursuant to a guilty plea.

Accordingly, the evidence established that Officer Thompson committed a felony. Further, the Officer Thompson’s conduct constituted malfeasance, misfeasance, or nonfeasance with respect to her theft of Mr. CR’s property and her false statements to the Yuma County Attorney.

Therefore, POST established cause to discipline Officer Thompson’s peace officer certification under A.A.C. R13-4-109(A)(7) and (8).

Taken together, Officer Thompson’s conduct jeopardized public trust in the law enforcement profession. Therefore, POST established cause to discipline Officer Thompson’s peace officer certification under A.A.C. R13-4-109(A)(12).

-54864001

001

-137160-45720000Done this day, December 20, 2021.

/s/ Tammy L. Eigenheer

Administrative Law Judge

Transmitted electronically to:

Matt Giordano, Director

Peace Officers Standards and Training

-54864001

001

-137160-45720000