Denver Cop Busted for Prohibited Use of Weapon, DUI! 2nd time!!!!!

Howdy Folks!
I just learned that a Denver cop, Sgt. Phillip Newton, was busted by Aurora police for DUI and Prohibited Use of Weapons, meaning he was carrying his weapon while drinking. What is truly egregious about this incident is that he's done it before.

If any private citizen had done what he did, he'd lose his CCW permit (if he has one), possible loss of driver's license, and confiscation of his weapon. Evidently, Denver police get special exemptions for violating laws with a certain impunity. Both of Sgt. Phillip Newton's incidents have taken place within a year. Whether he is guilty on this charge is yet to be determined by a court of law therefore presumed innocent.

http://www.9news.com/news/article/200033/188/Denver-sergeant-arrested-accused-of-DUI-a-2nd-time-

The one thing that galls my hide is when there are two different and distinct justice systems in our society. One for the private citizen, and another for those with a position of influence or power. Which one comes into play in this particular case remains to be seen. That being said, I have every confidence that if it had been me in that situation, they'd have thrown the book at me, possibly attached to a cinder block for good measure.

Blessings,
M-Taliesin

and this is reason #402 that I strongly dislike law enforcement as a rule, especially the denver PD - the biggest gang in denver.

According to the story it was unclear:

...the prohibited use of weapons, meaning he was likely carrying a gun

Maybe he actually brandished. They don't say if it was a single car accident, either.

Newton told 9NEWS on Tuesday, "Thish ish not a proud moment in my life."

Howdy Folks!
I noticed myself that details were somewhat lacking. What I thought was interesting was his getting busted outside of his own jurisdiction. Both of those arrests, this one a couple of days ago and another back in August, took place in Aurora. Sorta makes me wonder if he was found in a similar situation in Denver and his fellow officers let him get off without trouble over there.

It really bothers me that a Denver police officer would come to Aurora, drinking and driving, and packing a gun while under the influence. Compare that to an otherwise law abiding citizen who accidently strays into Denver with an openly carried weapon while sober as a judge, only to get into a heap of trouble because of Denver's exception to the prememption law. Ever look at a boundary map of Denver? You can easily stray into their territory without knowing you've done so and find yourself in a whole bunch of trouble. The difference between scenarios is that the open carrier isn't intending to break any laws, while the cop obviously didn't care what laws he might be breaking.

From what I saw of the story, he might get a real tough penalty. 41 day suspension without pay. Gimme a break! He should be prosecuted to the same extent that a citizen would be in a similar situation. He certainly shouldn't be allowed to carry a badge, and ought to be fired. That's my opinion anyhow.

Since he has already been arrested for precisely the same behavior, his behavior demonstrates wanton disregard of the law. Unlike the OC'er who might accidently stray with innocence of intent into Denver territory.

One more reason why I believe that Denver needs to conform to state law and respect our rights under both the Constitution of the United States, the 2nd Amendment of the Bill of Rights, and the Colorado Constitution, Article 2, sections 3 and 13!

Blessings,
M-Taliesin

2 incidents separated by several YEARS....
just recently and AUG 2004

Not to minimize just to clarify!

M-Taliesin said:

It really bothers me that a Denver police officer would come to Aurora, drinking and driving, and packing a gun while under the influence.

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Bingo. Some here, so abstain. Many here do imbibe, but on a reasonable basis. What do you do with your firearm(s) when you're under the influence?

For me, it's in the safe, period, bar none. I store it before I ever imbibe, and don't break it out of the safe until I'm well over whatever effects my rights with respect to alcohol might conflict with Colorado law.

It doesn't mean that you're unable to insist as to you're protected rights under the law. What it means is that those rights exist in both British and American law.

since9 said:

Bingo. Some here, so abstain. Many here do imbibe, but on a reasonable basis. What do you do with your firearm(s) when you're under the influence?

For me, it's in the safe, period, bar none. I store it before I ever imbibe, and don't break it out of the safe until I'm well over whatever effects my rights with respect to alcohol might conflict with Colorado law.

It doesn't mean that you're unable to insist as to you're protected rights under the law. What it means is that those rights exist in both British and American law.

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Heh!
The reason for my signature...
You wouldn't believe the faces of the guys at work when I told them, "No. It's NOT illegal to CCW in a bar."

Just a couple of weeks ago I did a report on alcoholism behind the blue line. Statistically, cops are twice as likely to be alcoholic or alcohol dependant than the average citizen. On average in America the rate is 1:8. For those in law enforcement the rate is 1:4.

I'm honestly suprised we don't see this a LOT more on the news.

JamesB said:

Just a couple of weeks ago I did a report on alcoholism behind the blue line. Statistically, cops are twice as likely to be alcoholic or alcohol dependant than the average citizen. On average in America the rate is 1:8. For those in law enforcement the rate is 1:4.

I'm honestly suprised we don't see this a LOT more on the news.

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got a link to the report?

JamesB said:

Just a couple of weeks ago I did a report on alcoholism behind the blue line. Statistically, cops are twice as likely to be alcoholic or alcohol dependant than the average citizen. On average in America the rate is 1:8. For those in law enforcement the rate is 1:4.

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That is amazing. I'm not sure what the rate is for the military at large, or any of the individual services in specific, but I recall the occasional report while I was in the military and it was closer to 1 in 20.

Yet they can carry guns anywhere while we can't.

That is even more amazing.

Howdy Folks!
I decided to drop by and add another thought regarding this thread. One writer said they were not condoning this behavior, but noted (rightly) that the incidents took place several years apart. Something about that stuck in my craw. It raised a few questions in my mind.

How many times did that officer carry a weapon while under the influence of alcohol and didn't get caught during the period between actual arrests? Would he have been arrested in the latest incident if there had not been an accident? Has this behavior manifested during the interim period between arrests without any citations being issued? Has this man been stopped at other times in similar condition, only to have a fellow officer warn him of his conduct and quietly sweep the matter under the carpet?
Does this officer have powers of arrest like other officers, which question is legitimate considering his position as a property officer? If he is not empowered to make arrests, why is he carrying concealed? While an LEO may carry concealed off duty for legitimate reasons, why does this man do so unless he has arrest authority? If he does not have arrest authority, does he hold a CCW? If he does, has it been revoked?

While the man is certainly to be considered innocent until proven guilty, his previous arrest for the same behavior is troubling. I have not yet learned whether his previous arrest resulted in conviction or whether a plea deal to a lesser charge was agreed. What is evident are the facts that he was arrested after an accident that police believe involved alcohol and he had a handgun with him at the time. The District Attorney says he will decide whether other charges or prosecution for the charges arising from this particular incident will be forthcoming. His decision may be months down the road. Meanwhile, the officer in question is subject to (up to) a 42 day suspension without pay for this second offense.

It will be interesting to see what comes of this matter, but considering the reputation of the Denver Police Department in recent months, charges of brutality against citizens, and other cases of abuse of power by LEOs in Denver, the department hardly needed another blemish on their record. The majority of LEOs working in Denver PD are fine and upstanding men and women dedicated to providing police services to their community. This latest incident is a slap in the face of every one of those folks who have devoted themselves to their profession. I've interacted with several DPD officers, and they are great people. But the good folks within the department or the dedication they bring to the job seldom will receive attention. It is the officer who tarnishes his own badge that makes the news, brings dishonor to his department and sullies the image of police in Denver. If he wanted to do the honorable thing, he'd turn in his badge. His colleagues deserve better.

That's my humble opinion, and your own milage may vary.

Blessings,
M-Taliesin

since9 said:

That is amazing. I'm not sure what the rate is for the military at large, or any of the individual services in specific, but I recall the occasional report while I was in the military and it was closer to 1 in 20.

Yet they can carry guns anywhere while we can't.

That is even more amazing.

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In the military, if you admit to drinking 2-3 beers a week during your annual health assessment they tell you you have an alcohol problem lol.

JamesB said:

I'm honestly suprised we don't see this a LOT more on the news.

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I'm not. The media does a lot of sweeping under the rug for their favorite thick brown line...

M-Taliesin said:

How many times did that officer carry a weapon while under the influence of alcohol and didn't get caught during the period between actual arrests?

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While flying for the Air Force, I knew of two incidents where a pilot showed on a flying day with an odor that he may still be under the influence. Rather than make it a big deal, their aircraft simply had "maintenance problems" and the rest of their crews were reshuffled to the other aircraft so they could get at least some training that day.

I'm quite certain they received the appropriate letter of reprimand.

By very far, however, they were a highly disciplined bunch who strictly adhered to the "12 hours from bottle to throttle" rule, and at that, they didn't get so blitzed that 12 hours wasn't enough for them to dry out.

Would he have been arrested in the latest incident if there had not been an accident?

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That's what concerns me more than anything. By and large, most police departments have shown themselves to be overly concerned with the "good old boy" system and largely incapable of policing their own, so much so they have an Internal Affairs division which largely focuses on wrongdoing on the street. By comparison, the Air Force has an Inspector General branch which largely focuses on wrongdoing at middle to upper levels, often over-policing the lower ranks.

It will be interesting to see what comes of this matter, but considering the reputation of the Denver Police Department in recent months, charges of brutality against citizens...

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Well, the beatings will continue to increase until the complaints die down. Denver is, after all, New Nottingham, is it not? :lol:

The majority of LEOs working in Denver PD are fine and upstanding men and women dedicated to providing police services to their community.

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Agreed. Unfortunately, when the police can't police their own, all it takes is one bad apple to spoil the reputation of the bunch, if not begin to spoil the bunch themselves.

JoeSparky said:

2 incidents separated by several YEARS....
just recently and AUG 2004

Not to minimize just to clarify!

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And Denver cops still think they are above the law years later.

since9 said:

While flying for the Air Force, I knew of two incidents where a pilot showed on a flying day with an odor that he may still be under the influence. Rather than make it a big deal, their aircraft simply had "maintenance problems" and the rest of their crews were reshuffled to the other aircraft so they could get at least some training that day.

I'm quite certain they received the appropriate letter of reprimand.

By very far, however, they were a highly disciplined bunch who strictly adhered to the "12 hours from bottle to throttle" rule, and at that, they didn't get so blitzed that 12 hours wasn't enough for them to dry out.



That's what concerns me more than anything. By and large, most police departments have shown themselves to be overly concerned with the "good old boy" system and largely incapable of policing their own, so much so they have an Internal Affairs division which largely focuses on wrongdoing on the street. By comparison, the Air Force has an Inspector General branch which largely focuses on wrongdoing at middle to upper levels, often over-policing the lower ranks.



Well, the beatings will continue to increase until the complaints die down. Denver is, after all, New Nottingham, is it not? :lol:



Agreed. Unfortunately, when the police can't police their own, all it takes is one bad apple to spoil the reputation of the bunch, if not begin to spoil the bunch themselves.

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In combat, I never knew of any aviator who violated the 12 hours between bottle and throttle. Some of the guys hit the Stag Bar pretty hard almost every day. But flying with diminshed skills with your ass on the line? Not likely. If there was any problem, they would default to the spares--no questions asked.