Report Critical Of Newport Police Department Investigation Portrays Office In Disarray With Evidence And Records Scattered

A recent investigation of the Newport Police Department shows an office in chaos - with records and evidence scattered haphazardly, including what investigators called enough marijuana to constitute a health hazard.

The investigation, launched by the city’s insurance department, shows numerous examples of sloppy recordkeeping that expose the city to liability.

A summary of the report was made public Friday after a public records request by The Spokesman-Review and the Newport Miner. Police Chief Gary Markwardt has been suspended with pay since the investigation began Jan. 13.

But Markwardt’s attorney said the report is seriously flawed. In a letter to Newport Mayor Dee Opp and City Administrator Delphine Palmer, Doug Lambarth writes, “Your investigatory materials show that once you decided to oust the chief administratively from his position, you manipulated the investigatory materials so that the chief could not respond … in an open way.”

Lambarth said Markwardt has not been able to defend himself against the report for fear that he might be left without insurance coverage in a pending lawsuit by a man who says his home was invaded unconstitutionally by a Newport officer.

Lambarth also faulted the report for relying on statements of a suspended officer who faces assault and other criminal charges. He said there are no previous blemishes on Markwardt’s 10-year record with the city and no evidence that city officials warned him they were dissatisfied.

Even so, Markwardt is prepared to step down as chief and become a patrol officer, Lambarth said. In fact, he said, “such a result is reasonable and consistent with a measured and fair disciplinary process.”

The chief, who is protected by the city civil service system, faces a hearing early this week. After that, Mayor Opp may fire, demote, discipline or restore him.

The actual report of the investigation has not been released, but Grant County Undersheriff Mike Shay and Chief Deputy Jerry Butler detailed their study in a 32-page summary made public Friday. Seven pages of the summary and substantial portions of several other pages were blacked out.

What’s left is a step-by-step recitation of the investigators’ perusal of the police office, desks, evidence lockers and even the trunk of Markwardt’s car - where part of one officer’s personnel file was found. Personnel files were “basically non-existent,” the investigators said.

Among the deficiencies were lack of marksmanship-qualification records that would help protect the city in the event of a wrongful-shooting lawsuit.

Shay and Butler say they found well over 150 items of evidence that weren’t recorded at all, and numerous others that were inadequately documented and scattered all around the office. The unsecured evidence included firearms, blasting caps and narcotics, including what the investigators said was enough marijuana to constitute a health hazard from fumes.

They said they found a half pound of undocumented pot in Markwardt’s evidence locker. A box on another officer’s desk contained four marijuana pipes and a small quantity of the drug.

Butler and Shay said they found too many uninvestigated complaints to list them all. Among those were eight reports of sexually abused children, which state law says should be investigated within 48 hours.

The investigation may bolster a lawsuit by Newport resident Troy Dexter. He alleges in federal court that Markwardt failed to train or supervise Officer Ed Miller.

Miller resigned under pressure in 1994 after allegedly breaking into Dexter’s home without a warrant. Dexter claims Miller roughed him up and held his family at gunpoint for harassing the officer over the telephone.

Dexter’s attorney, Dennis Scott, said Friday’s release of the insurance company’s investigative report doesn’t indicate a settlement of the lawsuit.

“There has been no progress,” Scott said. “We’re preparing for trial.”

, DataTimes