It took about an hour for the parties to reach a settlement and then the Evansville Police Commission went on the record to accept the settlement.
Chief McElroy as plaintiff agreed to accept a 60 day unpaid suspension for Sgt Fitters. It would be for "conduct unbecoming" but would not be tied to any specific allegation. Sgt Fitters did not admit any of the 11 factual allegations made by the plaintiff in the complaint.
Counsel for Chief McElroy stated that the public needed to know that there was inadequate evidence to sustain a "rape" charge.
Counsel for Sgt. Fitters stated that Fitters denied the allegations and in addition would be filing a complaint with the department for the false allegation of rape and both counsel agreed that this would be forwarded to the DA.
The Evansville Police Commission took no evidence and heard no witnesses.
Counsel for the Evansville Police Commission questioned both lawyers closely as to their understanding of the Police commission powers. Both lawyers stated that the Commission had no independent authority to pursue complaints outside of those before it and since they had been settled, there was no further action the commission could take. The police commission agreed that this was their only alternative.
Presiding Officer John Decker explained to the The Observer after the proceeding that the Police Commission structure is a "reform" of the LaFollete progressive era when city councils heard these type of cases. It is not a perfect process.
Further, he explained that much of the statutes on the books are designed to protect the officers from unwarranted prosecution in the line of duty.
As I see it: Who won and lost? Everyone lost. Plaintiff still has to worry about the charge of "false allegation of rape" being referred to the DA. Defendant has lost much in reputation and will be a very supervised policeman. The Public has lost because as a community that relies on "community police" theory, TRUST in our officers is everything. Fitters had plead in his defence that there was nothing in his police manual that prohibited his conduct. Members of the public are wondering whether this was so. Some communities have specific legal agreements between school districts and their police as far as conduct is concerned, and it is unclear whether such an agreement is needed.
The bottom line is that the law is structured so people cannot just bring up any allegation they wish against police. There has to be solid evidence. If there were other matters regarding Sgt. Fitters, no complaining party brought it to the commission's attention. If there were a broader pattern of conduct, no evidence of it was brought to the commission's attention.
The matter is settled.
(Ed note: Because no evidence was presented, the blog will remain quiet on the comment line.)
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