Casper City Manager, Carter Napier, held a press conference on Tuesday morning, August 21st, regarding allegations made about the Casper Police Department.
According to The Casper Star Tribune story, published on Monday, accusations have been made by a Casper Police Officer who was wounded on-duty, saying that the Police Chief was asking him to come back to work, against doctor’s orders.
The short-notice scheduled press conference was held at the Casper City Hall, in the City Council meeting room. Present at the press conference was City Manager Napier, City Attorney John Henley, Mayor Ray Pacheco, City Councilperson Kenyne Humphrey, and City Councilperson Chris Walsh. City Councilperson Dallas Laird joined the press conference after it had begun.
Napier opened the press conference by saying that Officer Jacob Carlson was a hero.
“I believe that. I have believed that. This organization believes that, and the actions of this organization have been consistent with that doctrine,” Napier told members of the press. “To suggest otherwise is just simply untrue. Furthermore when we have a hero in our midst we are all better. We’re better people. We’re better employees. We’re better, just by osmosis if you will, to be in the company of people like Officer Carlson and Officer Garrett.”
“Without a doubt, we are a hundred percent behind Officer Carlson,” Mayor Pacheco said. “We are a hundred percent wanting to make sure that we are compassionate and understanding of the level of trauma that he experienced. Not only as human beings, but as an organization.”
“We will do everything we can to make sure that one of the finest among us, has the best we can offer,” Councilperson Walsh said.
Garrett and Carlson were both involved in an incident where they exchanged gunfire with a suspect, earlier this year. The suspect in the case had died, and Carlson was seriously injured by suspect gunfire. He has undergone multiple surgeries to date that have been described as “life saving.”
The press conference was off to a rocky start, however, on Tuesday morning. Before the proceedings had begun, after Casper attorney Don Fuller attempted to attend the press conference with Officer Carlson. Fuller was stopped by City Attorney Henley, who stated that he was displeased with the way that Fuller had behaved when bringing the complaints on Carlson’s behalf. Henley went on to say that Fuller represented a disruptive presence in the meeting, and that Carlson was welcome to attend but that Fuller was disinvited.
Fuller expressed concerns over the move, following the press conference when speaking with reporters. Fuller saying that he was disappointed in the transparency of the process and that his client, Carlson, had a right to attend.
This sentiment was echoed by City Councilperson Laird. While Laird was not in the room with reporters, during the exchanger between Fuller and Henley, Laird stated that he felt that both men should be brought into the room.
The meeting concluded with neither Fuller nor Carlson coming back to the meeting.
City Council members and City Manager Napier said that they had not been contacted about the allegations, previous to the publishing of a story by Casper Star Tribune writer Shane Sanderson, outlining the allegations.
A hand delivered letter, given to City staff and council, identifies Fuller as Carlson’s attorney, and outlines the allegations in broad strokes. The letter is dated August 20th.
Published on the letterhead of Don L Fuller, Attorney at Law, the letter reads as follows:
Dear Chief McPheeters,
I represent Jake Carlson regarding all matters and investigation into his shooting. As we all know, Jake was gravely injured. It was nice seeing the community rally around him, and the Department backing him publicly. The receipt of the Medal of Valor & Purple Heart was a nice touch.
But Behind the scenes I understand that your Department refuses to pay him unless he defies all medical advice and goes back to work immediately. I understand that currently Jake has to use vacation and personal leave time, or get paid nothing.
Due to the severity of his injuries, he has numerous doctors. They all unanimously agree that Jake should not be cleared for work. The doctors say that he may never be able to return to duties, and if he does, it will be at least a year away. Has last week’s hero become this week’s financial burden?
Jake teetered on the edge of death. Your public words agreed with the miraculous work of doctors to keep him alive. Now you insist he ignore these same doctors or lose all of his pay. Please reconsider.
Disability only covers 60% of his income. Should an officer receive 40% pay cut for being shot?
Sincerely,
Donald L. Fuller
The City Manager and the members of Casper City Council that were present, say that they did not see the letter until Tuesday morning, before the press conference.
“[Attorney Don Fuller] made no attempt to reach out to my office, to talk to us, to notify us that there was a problem, or to even suggest that we needed to talk further about Jacob’s wellbeing, and that’s incredibly disappointing. Incredibly,” Napier said. “It’s not the Wyoming way, it’s not the way that people in Casper work with each other, and it’s certainly not the way things should be done when it comes to an individual’s wellbeing, the tenure of their family, and how they can be a part of our Casper family.”
The City Manager said multiple times that he would like to extend an invitation to Carlson’s legal representatives, to have a discussion.
Napier said that Officer Carlson had not been removed from administrative leave and was not yet placed back on duty. He further said that Carlson was currently getting paid, as if he was still a full time police officers.
Councilperson Walsh, who served with the Casper Police Department for 23 years and 4 years as chief, also said that he believed Carlson would continue getting paid his full time rate, even if he was placed on limited duty.
All of the members of Council, as well as the City Manager expressed gratitude and support for Officer Carlson. Dallas Laird saying that he would see that Carlson was taken care of, “over my dead body.”
At contention however is a letter dated August 14th, signed by Police Chief Keith McPheeters, that announces that officer Carlson was being taken off of administrative leave and onto restrictive duty.
City Manager Napier claims that the letter was drafted and signed but was never delivered.
Fuller and Carlson, however, say that the letter was placed into an internal mailbox, at the Casper Police Department, and was found by Carlson on August 19th.
During a brief conversation with press, following the press conference, both Fuller and Carlson said that the letter had been delivered.
“How else would we have a copy?” Fuller said to press. He did not have a physical copy of the letter, saying that the original was currently with a member of City Council. However a picture shown to press, shows a letter on Casper Police Department Letterhead, and signed by McPheeters in blue ink.
The subject line of the note is “Re: Notice of Release From Administrative Leave.”
The note reads as follows:
Officer Carlson,
Effective Wednesday, August 13, 2018 you are released from Administrative Leave and placed on restricted duty status. You will report for duty in the Casper Service Unit no later than August 20, 2018. You are assigned to work Monday through Thursday 0700-01700, reporting to Sergeant Nunn.
During this period of restricted duty status, you are directed to personally ensure that you are not asked to conduct employment responsibilities that are contrary to the expectations of your treating physicians. You are directed to bring to your supervisor’s attention any aspect of your work assignments that are inconsistent with your acting physician’s counsel.
While on restricted duty status, you are not authorized to drive marked police vehicles of the Casper Police Department, nor are you to take any enforcement action, whether on or off duty.
If you have any questions about your responsibilities under this notice and directive, do not hesitate to call me.
Respectfully,
Cheif Keith McPheeters
Fuller also said, after the press conference, that according to paperwork that they had received, Officer Carlson would not be able to get full compensation while on limited duty. Fuller saying that the officer would only be entitled to 80% of his pay, while on limited duty.
Carlson also told press that he had been in a private meeting with McPheeters last week, where he says that McPheeters told him that he was expected at work as early as August 15th. When Carlson told McPheeters that he would have to get medical clearance to return to duty, Carlson claims that McPheeters seemed confused and to not know what Carlson was talking about.
Fuller also alleges that only one medical professional had cleared Carlson for a return to limited duty, and that the doctor had written a note, after Carlson was told that he was expected to return to duty. Fuller also said that Carlson has not been cleared by workman’s comp to return to duty.
McPheeters was not present at the press conference on Tuesday morning. City Manager Napier saying that he would release a prepared statement and take questions from media, at a press conference, later Tuesday.
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