Florida - Jupiter police chief recommends firing officer stopped for DUI
By Kit Bradshaw, TCPalm.com, 03/20/07
Jupiter, Florida - Police Chief Frank Kitzerow has recommended 22-year veteran officer Jeffrey Sprauer's employment be terminated in an Internal Affairs investigation report to Town Manager Andy Lukasik that was released Monday.
Surrounding a traffic stop for suspicion of DUI, Sprauer committed conduct unbecoming an officer, did not report misconduct to his supervisor, committed a misdemeanor, was untruthful and was untruthful in an official proceeding, Kitzerow wrote in his conclusion to the 21-page document and recommendation to Lukasik.
Palm Beach County State Attorney Barry Krischer told Kitzerow he will not prosecute any of Sprauer's future cases because of the untruthfulness violation, the police chief said in his conclusion.
"Officer Sprauer violated the public trust, the law, failed to comply with established Jupiter Police Department Policies, compromised his integrity and compromised his ability to perform the essential job functions relating to honesty," Kitzerow wrote.
Sprauer, whose Dec. 20 traffic stop with no arrest soon prompted a Stuart Police Department policy change toward future suspected cases of DUI, will remain on administrative leave until April 20, when a predetermination meeting will be held. By April 26, Lukasik must decide whether to agree with Kitzerow to fire Sprauer, not to terminate the officer or amend the chief's recommendation.
At 11:41 p.m. that Wednesday, Stuart police did not arrest Sprauer, but instead gave him two citations -- failure to maintain a single lane and failure to have his driver license -- and allowed him to be taken home, following a videotaped sobriety test in which Sprauer could not recite the alphabet and was shown to have difficulty keeping his balance. No Breathalyzer test was administered, according to reports.
This decision not to arrest the officer created an uproar in the Stuart community, resulting in a change of policy. Now, Stuart officers are mandated to arrest all individuals suspected of DUI infractions.
Sprauer told Internal Affairs investigators in Jupiter in January that he had had at least nine drinks in a span of a little more than five hours that night before he was stopped at U.S. 1 and Grumman Boulevard on suspicion of driving while under the influence, according to the report. He told Stuart police he had not had any alcoholic beverages that evening, according to the police report.
"Between the hours of 6:15 p.m. and 9:30 p.m., Officer Sprauer advised he consumed either four (4) or five (5) twelve ounce bottles of Budweiser beer and one shot called a 'Nassau' while bowling (Stuart Lanes)," the Internal Affairs report says. "After bowling, they went to the Sakura Restaurant for dinner. While there, Officer Sprauer consumed four (4) Vodka and Cranberry drinks. This was between 9:30 and 11:30 p.m., according to Sprauer's testimony in the Internal Affairs investigation. He was with two companions.
"In total, Officer Sprauer advised he consumed either nine (9) or ten (10) alcoholic drinks within five and one-half (5.5) hours," the report said. "(The predetermination meeting) will be the opportunity for Jeff and his attorney to share any additional information and for me to ask any questions," said Lukasik on Monday. "I will be making my decision within four working days of this meeting. I can sustain the chief's recommendation and terminate Jeff's employment, overturn the chief's recommendation or alter it in some way."
In his report, Kitzerow wrote: "After careful review of all the facts and circumstances, taking into consideration Officer Sprauer's actions as they relate to his ability to effectively continue as a Jupiter Police Officer, I am recommending his employment with the Town of Jupiter be terminated."
"It's a very tough thing all the way around," said Kitzerow by telephone shortly before the report was released Monday. "But you have to do what you believe is the right thing."
According to the National Highway Traffic Safety Administration Alcohol Consumption Calculations, a male weighing 200 pounds who consumes the equivalent of nine alcoholic beverages over a five hour period would have an approximate BrAc of .1139%. The legal level of impairment is .08%.
Sprauer told Stuart police he had not had any formal education in regard to field sobriety tests, although a review of Sprauer's records show that he had completed several DUI and Breathalyzer training courses from 1985 through 2001.
"In essence with a sustained violation of untruthfulness, Officer Sprauer will be ineffective as a police and witness in criminal or traffic court of law due to a lack of credibility. Mr. Barry Krischer, the State Attorney for Palm Beach County, advised me that he will not prosecute any of Officer Sprauer's future cases due to this sustained untruthfulness violation," Kitzerow stated in his report.
Lukasik said the Feb. 15 report was released when the town's attorney said the internal investigation report and Kitzerow's recommendation to the town manager could be made public before Lukasik's final decision.
Contact: kit.bradshaw@scripps.com
Retrieved March 21, 2007 from http://www.sun-sentinel.com/news/local/southflorida/sfl-320jupitercop,0,2926562.story?track=rs
Jupiter, Florida - Police Chief Frank Kitzerow has recommended 22-year veteran officer Jeffrey Sprauer's employment be terminated in an Internal Affairs investigation report to Town Manager Andy Lukasik that was released Monday.
Surrounding a traffic stop for suspicion of DUI, Sprauer committed conduct unbecoming an officer, did not report misconduct to his supervisor, committed a misdemeanor, was untruthful and was untruthful in an official proceeding, Kitzerow wrote in his conclusion to the 21-page document and recommendation to Lukasik.
Palm Beach County State Attorney Barry Krischer told Kitzerow he will not prosecute any of Sprauer's future cases because of the untruthfulness violation, the police chief said in his conclusion.
"Officer Sprauer violated the public trust, the law, failed to comply with established Jupiter Police Department Policies, compromised his integrity and compromised his ability to perform the essential job functions relating to honesty," Kitzerow wrote.
Sprauer, whose Dec. 20 traffic stop with no arrest soon prompted a Stuart Police Department policy change toward future suspected cases of DUI, will remain on administrative leave until April 20, when a predetermination meeting will be held. By April 26, Lukasik must decide whether to agree with Kitzerow to fire Sprauer, not to terminate the officer or amend the chief's recommendation.
At 11:41 p.m. that Wednesday, Stuart police did not arrest Sprauer, but instead gave him two citations -- failure to maintain a single lane and failure to have his driver license -- and allowed him to be taken home, following a videotaped sobriety test in which Sprauer could not recite the alphabet and was shown to have difficulty keeping his balance. No Breathalyzer test was administered, according to reports.
This decision not to arrest the officer created an uproar in the Stuart community, resulting in a change of policy. Now, Stuart officers are mandated to arrest all individuals suspected of DUI infractions.
Sprauer told Internal Affairs investigators in Jupiter in January that he had had at least nine drinks in a span of a little more than five hours that night before he was stopped at U.S. 1 and Grumman Boulevard on suspicion of driving while under the influence, according to the report. He told Stuart police he had not had any alcoholic beverages that evening, according to the police report.
"Between the hours of 6:15 p.m. and 9:30 p.m., Officer Sprauer advised he consumed either four (4) or five (5) twelve ounce bottles of Budweiser beer and one shot called a 'Nassau' while bowling (Stuart Lanes)," the Internal Affairs report says. "After bowling, they went to the Sakura Restaurant for dinner. While there, Officer Sprauer consumed four (4) Vodka and Cranberry drinks. This was between 9:30 and 11:30 p.m., according to Sprauer's testimony in the Internal Affairs investigation. He was with two companions.
"In total, Officer Sprauer advised he consumed either nine (9) or ten (10) alcoholic drinks within five and one-half (5.5) hours," the report said. "(The predetermination meeting) will be the opportunity for Jeff and his attorney to share any additional information and for me to ask any questions," said Lukasik on Monday. "I will be making my decision within four working days of this meeting. I can sustain the chief's recommendation and terminate Jeff's employment, overturn the chief's recommendation or alter it in some way."
In his report, Kitzerow wrote: "After careful review of all the facts and circumstances, taking into consideration Officer Sprauer's actions as they relate to his ability to effectively continue as a Jupiter Police Officer, I am recommending his employment with the Town of Jupiter be terminated."
"It's a very tough thing all the way around," said Kitzerow by telephone shortly before the report was released Monday. "But you have to do what you believe is the right thing."
According to the National Highway Traffic Safety Administration Alcohol Consumption Calculations, a male weighing 200 pounds who consumes the equivalent of nine alcoholic beverages over a five hour period would have an approximate BrAc of .1139%. The legal level of impairment is .08%.
Sprauer told Stuart police he had not had any formal education in regard to field sobriety tests, although a review of Sprauer's records show that he had completed several DUI and Breathalyzer training courses from 1985 through 2001.
"In essence with a sustained violation of untruthfulness, Officer Sprauer will be ineffective as a police and witness in criminal or traffic court of law due to a lack of credibility. Mr. Barry Krischer, the State Attorney for Palm Beach County, advised me that he will not prosecute any of Officer Sprauer's future cases due to this sustained untruthfulness violation," Kitzerow stated in his report.
Lukasik said the Feb. 15 report was released when the town's attorney said the internal investigation report and Kitzerow's recommendation to the town manager could be made public before Lukasik's final decision.
Contact: kit.bradshaw@scripps.com
Retrieved March 21, 2007 from http://www.sun-sentinel.com/news/local/southflorida/sfl-320jupitercop,0,2926562.story?track=rs