SC Trooper Magazine by RACHEL CAMBRE

South Carolina

TROOPER Volume 22, Number 2 Summer 2009

www.sctroopers.org

Troopers Recognized for Outstanding Service 1 South Carolina Trooper

SCTA Board of Directors

David M. Latimer III Executive Director

Johnny R. Cribb President

Clint Fairey Vice President

Gerald D. Rothell Secretary

davidlatimer@sctroopers.org

president@sctroopers.org

vp@sctroopers.org

secretary@sctroopers.org

D.J. Bron, Jr. Treasurer treasurer@sctroopers.org

Billy K. Floyd, Jr. Troop One

W.C. West Troop Two

DC May Troop Three

Bradford W. Gardner Troop Four

Bradley G. Dewitt Troop Five

troop1@sctroopers.org

troop2@sctroopers.org

troop3@sctroopers.org

troop4@sctroopers.org

troop5@sctroopers.org

Chris Cooper Troop 6

Judd Jones Troop 7

Darek A. McMurry Headquarters

Harold R. Deese (RET) Retirees Representative

troop6@sctroopers.org

troop7@sctroopers.org

hq@sctroopers.org

retirees@sctroopers.org

CHANGE OF ADDRESS FORM

If you are moving, or have moved, please let us know! Simply fill out the information below and mail it to: SCTA Office, 4961 Broad River Road, Columbia, SC 29212 or you may fill out an online address change at www.sctroopers.org. RANK: ____________ TROOP:______ POST:______ NAME:__________________________________________ ADDRESS:________________________________________ CITY/STATEZIP:___________________________________

2 South Carolina Trooper

MESSAGE TO OUR ADVERTISERS: As this publication is financed by monies received from advertisements, we express our sincere appreciation for your support. We strive to make this a high quality publication that will provide the best possible exposure for our advertisers. We encourage our members and all our readers to patronize those businesses who make this publication possible. YOUR COMMENTS, PLEASE: Comments, criticisms, or suggestions for the magazine are always welcome! This is your magazine, and we need your ideas for articles in upcoming issues. Send news about your county and troop events, stories, awards, etc. Good quality photos are accepted. Please direct your correspondence to SCTA Office, ATTN: Editor, 4961 Broad River Road, Columbia, SC 29212 or via e-mail to editor@sctroopers.org. ABOUT THE PUBLISHER: The SCTA is proud to publish the South Carolina Trooper magazine. Graphics by Rachel E. Cambre. Printing by R.L. Bryan. For advertising questions, please call (800) 633-2236, ext. 11.

VOLUME 22, NUMBER 2 ● Summer 2009

CONTENTS

F E AT U R E S : 14

Profile of an Active Trooper: SGT Kenneth E. Branham By Bunnie Harris

Spotlight on Troop 1:Post A By Bunnie Harris

2009 Scholarship Recipients

Profile of a Retired Trooper: First Sergeant Richard Kelley By Bunnie Harris

SCTA Membership Benefits

South Carolina’s Ignition Interlock Program By Teresa Van Vlake

SCTA Awards $15,000 in Scholarships

The “Triggering” of Garrity Rights & LEOBOR Rights in the MSP By Byron L. Warnken, Esq.

In Memory of A.D. McInville

Proposed License Plate for Retired Troopers

SCTA Picnic Information

SCTA Golf Tournament

D E PA R T M E N T S 4

Letters to the Editor

Executive Director

Director

Colonel

Chaplain

In Memoriam

Legal Assistance

Troopers on the Move

News Briefs

South Carolina Troopers Association 4961 Broad River Road ● Columbia, SC 29212 www.sctroopers.org ● office@sctroopers.org 3 South Carolina Trooper

Dear SCTA..... Letters to the Editor Dear SCTA Staff, I wanted to personally thank you for your dedication and hard work in making the annual Colonel’s Cup Softball Tournament such a success. Your tireless efforts contributed to the fund-raising campaign for our special friends at Special Olympics. Since one of our missions is to serve the public, I think it is commendable for an SCTA member to participate in community and civic activities as well. We have many employees around the state who give of their own time to make activities such as this one a tremendous success. I believe it is a testament to what a fine group of men and women make up the “Patrol Family”, and make the Highway Patrol a highly respected organization. I am proud to have the opportunity to acknowledge your personal sacrifice and dedication throughout this event. Thank you for continuing to support the SC Highway Patrol. Sincerely, F.K. Lancaster, Jr, Colonel Dear SCTA, Thank you for your support for National Telecommunications Week. The money for our luncheon was greatly appreciated! TCO Staff Dear SCTA, Thank you so much for the scholarship money you provide. I cannot express the gratitude I feel for the funds you have given me thus far in my college career. Knowing that my tuition is paid for allows me to focus on my studies to become a pioneer for health in this state. Thank you; I wouldn’t be able to do it without you. Sincerely, Emily Herring

Dear SCTA, Thank you for selecting me as one of your scholarship recipients for this year. It is an honor to be chosen, and I am thankful to have the money to utilize towards my education in the fall. Thanks, Daniel Stack Dear Scholarship Committee, Thank you so much the scholarship. It will assist me to pursue my goals. Again, thank you for selecting me as a recipient of your scholarship! Sincerely, Elizabeth Freeman Dear Scholarship Committee, Thank you so much the scholarship. It will assist me to pursue my goals. Again, thank you for selecting me as a recipient of your scholarship! Sincerely, Chandler Freeman Dear SCTA, I would like to say that had it not been for my wife and Lt. Gulley urging me to return to school to realize the potential that they see in me, I may never have done it. I am extremely thankful for the opportunity the SC Troopers Association has given me in assisting my return to school, and look forward to being a member for life. Thank you again, TFC V.M. Canfora

Dear SCTA, I would like to thank the South Carolina Troopers Association Scholarship Committee for selecting me as a scholarship recipient. I am very grateful to have been chosen, Dear SCTA, and would like to extend a very appreciative thank you to the Thank you so much for the scholarship money you provide. SCTA Staff for going “above and beyond”. Thank you. I cannot express the gratitude I feel for the scholarship you Sincerely, have given me to further my studies. Erica Boykin Sincerely Yours, Lauren V. Metts

Save the Date for End of Summer Fun!

The SCTA’s Annual Picnic will be held on August 29, 2009, at Myrtle Waves Waterpark. The cost for SCTA Members and their dependents is only $15 and includes admission to the waterpark, a picnic lunch, and a great opportunity for fellowship with troopers from throughout the state. For more information, please see page 46 of this publication, or download a registration form at www.sctroopers.org p g. 4 South Carolina Trooper

Message from the Executive Director

David M. Latimer III

“When the opportunity presents itself, please be sure to thank your state legislator for the priority they have given the Highway Patrol in terms of funding and also in recognizing the need to increase our manpower.

”

The beginning of 2009 was not very promising in terms of the budget. However, at the end of the session, with help from the General Assembly, the Highway Patrol went from possible layoffs to being positioned to add troopers. It is significant to note that in these tough economic times, our lawmakers recognize that public safety is paramount in our state. Even though the economic future of the state remains unknown, it is reassuring to know that our Legislature remains committed to providing our citizens the very best in terms of public safety. When the opportunity presents, please be sure to thank your state legislator for the priority they have given the Highway Patrol in terms of funding, and also in recognizing the need to increase our manpower. In May of this year, the SCTA lost one of its newest members in a tragic house fire. Trooper First Class Andrew McInville of Timmonsville lost his life when a fire broke out during the night at his home. Although TFC McInville lost his life, it is worth noting that the local police, fire, and rescue made valiant attempts to rescue and resuscitate Trooper McInville and, as such, we salute these brave heroes. Our thoughts and prayers continue to be with the McInville family and their friends as they attempt to come to terms with this void in their lives. As the Association gears up for 2010 there are several items that bear mentioning. First is some legislation that we are working on, with the help of Representative Rutherford. This legislation would provide state troopers, who are the subject of personnel action resulting in suspension without pay, to remain covered by state health and dental policies. Currently employees, usually after 30 days, are required to pay both the employer and employee portion of the premiums. This legislation would ensure that health care coverage would be uninterrupted as long as the employee pays their portion of the premium. Also, the Association is closely following a Circuit Court ruling that eliminates the requirement of retirees who return to work for an employer (who participates in the Retirement System) to contribute 6.5% of their salary to the Police Officers Retirement System (PORS). The current policy is unfair to our retirees who return to work only to be penalized and then prevented from recouping any of the monies that they have been required to contribute. The case is currently under appeal and we are hopeful that the Circuit Court ruling will be affirmed. I would like to congratulate our 2009 scholarship winners as well as thank our Scholarship Committee for all of their hard, and often thankless, work. In closing I want to thank each of our 1,669 members for their continued and loyal support to the SCTA. ▲▲▲

5 South Carolina Trooper

Message from the Director

Mark Keel

“As

I see it, we are

playing on the same field

and

expect

communication to flow

”

appropriately.

6 South Carolina Trooper

First, and foremost, I would like to take a brief moment to remember Trooper First Class Andrew McInville, a native of Timmonsville, who died tragically in a house fire in May. Trooper McInville joined the Patrol in 2007 and was assigned to Troop One, Kershaw/Lee Counties. I would also like to remember a former co-worker, Dean McGaha, who passed away this past Spring. Dean served the Department of Public Safety as Chief of the Office of Professional Responsibility, and later served with me at the State Law Enforcement Division until his retirement. Their deaths represent a tremendous loss to all of us. We continue to send out our deepest condolences to their family and friends during this difficult year of loss. Over the last couple of months, Colonel Lancaster and I have made visiting with each SCHP Troop a priority. As you know, we have left no room for question as to what our expectations are of you. As a reminder, we specifically addressed job conduct, professional behavior and the Department’s disciplinary policies and actions; we emphasized our commitment to meeting all of your safety and equipment needs and toward your continuing education and training. Adhering to the principles laid before you will guide your every move and offer you protection. I hope you fully understand that our efforts in personally verbalizing our expectations and of meeting with you on these matters, ultimately has great purpose. Our goal is for each of you to succeed and be proud of who you are and be able to take great pride, daily, in your accomplishments. You work so very hard, you deserve that. But even more importantly, when you begin your shift each day, we want you to end your shift going home to your family. Let me also take this time to reiterate – Colonel Lancaster and I have an open line of communication – and personally extended to each of you our respective cell phone numbers. There should not be any doubt or hindrance in reaching out to the Colonel or myself if you have concerns or even criticisms. We are here for you, to lead you, to support you. If we are going to be successful as an agency and in our roles, it is important that we hear honestly from you on matters of importance to you. On another note, we recently announced a new statewide team of 31 Troopers that will be exclusively dedicated to fight the crime of impaired driving. The DUI team has one mission: to reduce highway collisions and fatalities caused by impaired driving. Every Troop will reap the benefits of the teams, especially in their DUI trouble spots. The DUI Team kicked off their duties during the July 4th holiday with 496 cases made (54 of those were DUI arrests). Also, as you know, the “100 Deadly Days of Summer” – the period between Memorial Day and Labor Day, generally sees a spike in traffic collisions and deaths in South Carolina. We are attacking the DUI and seatbelt usage problems from all angles – enforcement and education. As of this writing, we are 52 deaths (vehicle fatalities) less than the same time period in 2008. The Highway Patrol July 4th Enforcement Statistics were very impressive. The Patrol made 13,789 cases compared to 2008 cases of 12,200 (difference - 1,589 cases); Total DUI arrests 342 (250 in 2008 – difference 92); Safety Belt citations 4,648 (3,453 in 2008 – a difference 1,195). As you can see, these numbers reflect a huge positive up-turn and we anticipate even greater numbers, but more importantly, we expect to save many lives. We must keep the heat on – you are making a difference. Other good news: “STATE’S SEAT BELT USAGE RATE SETS RECORD”. According to a recent survey by the University of South Carolina, approximately four out of five motorists in South Carolina wear their safety belts – the highest recorded usage rate in state history! I credit you (law enforcement) and public education efforts with the record 81.5 percent usage rate – the first time the rate has climbed higher than the 80 percent mark. Good job all. Of course, as you do this, I am reminded of the real dangers you face while on the front lines working to keep the public safe. I am committed toward working to keep you safe as you perform your duties. As you may know, at least 150 law enforcement officers alone have been killed along America’s roadways since 1999 (this doesn’t account for other emergency responders, highway workers and those who were injured or had near misses). That is why Secretary H.B. “Buck” Limehouse, S.C. Department of Transportation, and I, were pleased to have participated in media efforts (page 8→)

Message from the Colonel

F.K. Lancaster, Jr.

“I am not satisfied with only using the tried and true methods because ‘that’s the way it’s

”

always been done.’

My first six months as Colonel of the South Carolina Highway Patrol have been an exciting journey. It has been a time of personal and professional growth. Since the changes in leadership, Director Keel and I felt that Troop visits must be a priority. Our goal has been to establish expectations and create clear lines of communication so we can all focus on the challenges ahead. The visits have been an eye-opening experience. I have been impressed by the level of participation and interaction as you asked good questions, made suggestions and shared ideas. I appreciate the supportive comments and your valuable feedback. Where do we go from here? Let me assure you, our plate is full. We have many plans to focus and re-focus enforcement and outreach efforts. I am not satisfied with only using the tried and true methods because “that’s the way it’s always been done.” That doesn’t mean we are making wholesale changes, but I do want to try new ideas in certain areas. I believe there are many untapped resources and approaches. Many of you have asked about the stimulus money and how that will affect future plans. At this moment, I simply do not have the money in hand nor have I been told exactly how it may be used. I will communicate to you, however, my goals that are not solely dependent on stimulus money but certainly will be helped by it: • Equip: To purchase and update equipment such as tasers; to fill gaps and enhance our vehicle fleet, possibly purchasing some high-performance vehicles; • Sustain: It is vitally important not to lose staff. We will continue to review our current staffing. I cannot say with complete certainty that more cutbacks will not come. At this time, however, I feel like we are on more solid footing with our staffing situation. • Hire: My goal is to have 40-60 quality officers in a January 2010 training class. I will not be satisfied until our strength numbers reach 1,000 again. This is a priority and critically important to ongoing fatality reduction efforts. We also have received many inquiries about the SCCATTS project. This is part of a comprehensive grant, which will allow us to move more toward electronic data collection and away from manual entries and paper files. The program is in a testing phase in Troop Four, and our goal is to test the system and remove obstacles before full-scale implementation. Additionally, we are working through the bidding and procurement process on the software and computers. I hope to begin statewide implementation later this year. More information on the implementation will be announced at a later date. On the enforcement front, we unveiled our DUI team to correspond with the July 4th holiday. I was pleased with the activity of the team, in conjunction with the Troops, during this holiday period. The team began work on July 4 weekend, making 51 arrests. The Highway Patrol made 342 DUI arrests statewide over the weekend, compared to 250 arrests last year. We currently are researching data regarding collisions, fatalities and arrests during football season. As we all know, impaired driving can be a serious issue on game day. I want to use the DUI team to augment existing enforcement resources on main arteries in areas surrounding the stadiums. We are working with Clemson, the University of South Carolina, and smaller schools to have either a video or audio safety announcement that will run during games this fall, urging fans to drive responsibly. I am looking forward to this partnership. On the community relations’ front, expect to the see our new Rollover Unit in your area soon. We have been awarded a grant by the Office of Highway Safety for a Rollover simulator, which demonstrates what happens to unbelted occupants during a collision. The initial focus, as mandated by the grant, will be in Lexington, Berkeley and Florence counties. However, it will be used for special events and programs in all parts of the state. (continued on page 9)

7 South Carolina Trooper

(continued from page 6)

that brought new life to the “Move Over Law” that was passed by the S.C. General Assembly in 2002 that says vehicles must move over or slow down to protect emergency and law enforcement personnel and highway workers at an incident scene. According to a Mason Dixon Poll, 71 percent of Americans are not aware a move over law exists even though 43 states now have one. I hope

by breathing new life into an old law it will remind the public of this very important law and that it will ultimately keep you safe from harm. Thank you for your sacrifices and all you do in serving the citizens of the State of South Carolina. ▲▲▲

DPS Recognizes Outstanding Troopers for 2008 On June 16, 2009, the South Carolina Department of Public Safety presented awards to officers from around the state for their exceptional service in 2008. In addition to Trooper of the Year Awards, the newly establish Director’s Award was also presented. Colonel F.K. Lancaster and SCDPS Director Mark Keel presented the awards. Following are the 2008 recipients: T oop 1: S/T Tr /TPR PR Willson Ow O ens Ho H rton, Jr J . (Trooper of the Year)) Troop 2: TFC Benji W. Humphries Troop 3: S/TPR Michael D. Looney Troop 4: L/CPL Joseph W. Tate Troop 5: S/TPR Clinton A. Bostic Troop 6: L/CPL Steve P. Grainger Troop 7: TPR Shawn R. Hallingquest Troop 8: CPL Jeffrey S. Arledge (Motor Unit) Troop 9: L/CPL James F. Brown (MAIT) Troop 11: SGT Edward J. Talbot, Jr. (Training) Director’s Award for Valor: CPL Q.M. Brown

L-R: MD Looney, BW Humphries, SR Hallingquest, CA Bostic, SP Grainger, WO Horton, Jr., JF Brown, JW Tate, EJ Talbot, JS Arledge

8 South Carolina Trooper

(continued from page 7)

I recently had a very productive meeting recently with some Families of Highway Fatalities’ members and staff. Their goal is to encourage other state patrols to adopt our model, helping families across the nation. I will begin working with other colonels soon to encourage and facilitate this. If you have not had an opportunity to see the new Families of Highway Fatalities’ web site, visit www.scdps.org/fhf. We are further developing our victim services. We have been awarded a grant to hire a Victim Advocate, which I hope to have on board by September. I am hopeful that we will eventually have several victim advocates serving throughout the state. This is a critically important service to offer citizens. I have expressed to you how important open communication

is to me. I will be communicating with you through a number of avenues in coming months to keep you up to date and informed. Finally, I want to express my gratitude to all of you who have made this transition easier for me with your cooperation, enthusiasm and teamwork. I know there have been many changes-from headquarters to the road. But you have accepted them and excelled in meeting those new challenges. Your hard work is recognized in many circles. I receive regular and encouraging feedback from other law enforcement agencies, solicitors, members of the general public, and our director about the positive things you are doing every day. As your commander, I couldn’t ask for more. Keep up the good work, stay safe and continue to support each other. ▲▲▲

Statewide Trooper of the Year:

Director’s Award for Valor:

Senior Trooper W.O. Horton, Jr.

Corporal Quincy M. Brown

The 2008 Trooper of the Year, Senior Trooper Wilson Owens Horton Jr., has been assigned to Post A (Sumter/ Clarendon County) since graduating Patrol School in 2005. From the start, he gained the respect of his supervisors, peers, local law enforcement and members of the community. In fact, he is so well-respected, he was selected two years in a row as the Post A “Trooper of the Year.” Additionally, he has been recognized for making the highest number of drug and DUI arrests for two years straight. Because of his strong work ethic and his ability to work with minimum supervision, he is assigned to the Troop’s Fatality Reduction Operation Safety Team. In 2008, Senior Trooper Horton arrested 41 people for driving under the influence, made 2,399 public contacts and made 1,672 cases, including 38 drug arrests. In 2008, he investigated a traffic fatality on I-95 involving a family from New York where their 12 year old daughter was killed by a drunk driver. Senior Trooper Horton worked through the night and into the next day to build a rock solid case of felony DUI against the drunk driver. The driver received a 25-year sentence. While working to complete the criminal side of the investigation, he worked very closely with the family, keeping them informed concerning the investigation. He has maintained contact with the family since the day of the crash and still does today. Ms. Liverpool has expressed to his supervisors that because of Senior Trooper Horton’s heartfelt compassion, the healing process was more bearable for them. Senior Trooper Horton and his wife, Tammy, have two children Tyler and Logan. He is an active member of Barrineau Pentecostal Holiness Church of Lake City. He is involved as a member of his local Masonic Lodge. He has an active role in his daughter’s softball league, where he promotes sportsmanship and teamwork.

All trooper trainees who attend the SC Criminal Justice Academy (SCCJA) are taught that there is no such thing as a routine traffic stop. They attend hours of officer survival lectures that specifically address the proper response to an armed engagement. But for any troopers for whom the message may have become stale, this point was reinforced on a quiet Sunday afternoon in Orangeburg County. On May 4, 2008, Corporal Q. M. Brown initiated the traffic stop on a vehicle with an out-of-state license plate. The driver of the vehicle pulled over in the parking lot of a nearby gas station. As Corporal Brown approached, he saw what he believed to be marijuana on front seat of the vehicle. Corporal Brown searched and detained the driver, and was in the process of handcuffing the front seat passenger when the rear seat passenger pulled out a gun and began firing from within the vehicle. Brown reacted quickly, immediately returning fire and creating distance between himself and the shooter. The shooter fired at least eight shots before climbing out of the vehicle and fleeing into nearby woods. Corporal Brown was struck twice in his bullet-proof vest and once in his forearm before seeking cover in the gas station. Once inside the gas station, he asked for someone to call 911, and then ensured that customers inside the store had not been harmed. After a witness rendered first aid, Corporal Brown went back outside and secured the area until back-up arrived. The extensive training Brown received, both in the US Army and at the SCCJA, allowed him to remain calm while under heavy gun fire. Maintaining his composure even after being shot multiple times, Brown put the safety of the public before of his own. Brown has been with the South Carolina Highway Patrol since January 2000. Prior to joining the SCHP, he served five years in the U. S. Army. .

9 South Carolina Trooper

Message from the Chaplain The Blue Light on the Hill

Richard I. Coleman (RET) (SCTA Chaplain)

“Realizing that your light shines every day, why not let it shine in a

”

positive direction.

When you are traveling the road at night and see a blue light flashing on a hill some distance away, what are your thoughts? The perpetual speeder will immediately reduce his speed in fear of getting a ticket. The young woman that dreads driving alone at night will be relieved that help is available if needed. The off-duty police officer becomes more attentive in case his assistance is needed. Whatever the thoughts might be, the light on the hill is noticed. In the Old Testament, God approached Abraham and told him that He would create a nation from his seed that would exemplify God’s mercy and love for others to see. They were to become the light on the hill. Jesus reiterated these words to Christians in Matthew 5: 14. “You are the light of the world. A city on a hill cannot be hidden.” (NIV) Just as Christians are beacons for God, State Troopers are flashing symbols for their agency and state. When that marked car or gray uniform is seen, a multitude of thoughts are generated. The comments could range from “there goes our state’s finest,” to “I don’t understand why he doesn’t set a better example.” Realizing that your light shines every day, why not let it shine in a positive direction. Your speech, your appearance, your habits, your attitude, and your daily decisions all reflect who you are and what your real convictions are. You chose a vocation that has a high degree of danger and stress. The pay will never match up to the level of commitment needed to do the job well. That means that you intentionally placed yourself in a position to “serve” others. As you serve, the example you set reflects directly on fellow officers and our State. Jesus gives the same challenge to Christians. “In the same way, let your light shine before men, that they may see your good deeds and praise your Father in heaven.” Matthew 5: 16 (NIV)

In Memoriam George W. Vaughan, who passed away April 10, 2009. G Homer Andrews, who passed away April 27, 2009. Andrew McInville, who passed away May 27, 2009 Wayne C. Broadwell, who passed away June 18, 2009. Eloise H. Smith, who passed away June 25, 2009 Willie A. Mack, Jr., who passed away June 27, 2009 Joann Riddle, who passed away July 20, 2009.

10 South Carolina Trooper

The South Carolina Troopers Association dedicates this page to our fellow State Troopers who have made the ultimate sacrifice while serving the citizens of South Carolina. May their memories live on forever. 2008 J.D. Haynes (Orangeburg)

1973 F.H. Anthony (Greenville)

2005 J.W. Parker (Sumter)

1972 R.O. Caffey (Orangeburg)

2002 K.J. Johnson (Berkeley)

1970 J.A. Traylor (Sumter)

2002 M.J. Rao (ACE Team)

1970 A.A. Thomason (Sumter)

2000 E.F. Nicholson (Greenville)

1969 R.V. Woods (Beaufort)

2000 D.T. Bailey (Greenville)

1966 M.C. Steele (Chesterfield)

1998 J. Ham Jr. (Darlington)

1961 J.R. Riddle (Clarendon)

1997 F.L. Lingard (Orangeburg)

1959 H.C. Yonce (Greenwood)

1996 R.S. Hewitt (Florence)

1958 H.B. Ray (Orangeburg)

1995 M.A. Chappell (Clarendon)

1956 A.R. Carter (Williamsburg)

1994 R.L. Hester (Anderson)

1950 A.T. Sealy (Greenville)

1992 M.H. Coates (ACE Team)

1942 N. Nettles (Spartanburg)

1992 H.M. Godbold (Kershaw)

1941 J.P. Monroe (Florence)

1991 D.H. Oâ&#x20AC;&#x2122;Brien (Beaufort)

1941 G.G. Broome (Jasper)

1991 M.L. Titus (Bamberg)

1940 H.M. Smith (Chesterfield)

1989 H.M. Coker Jr. (Fairfield)

1939 W. Bell (Lancaster)

1988 G.T. Radford (Dillon)

1938 L.L. Rhodes (Darlington)

1987 R.P. Perry Jr. (Williamsburg)

1937 K.E. McNeill (Darlington)

1985 B.K. Smalls (Jasper)

1935 E. Hennecy (Florence)

1983 J.R. Clinton (Chester)

1934 E.D. Milam (Greenville)

1981 D.L. Alverson (Orangeburg)

1934 H.M. Reeves (Richland)

1979 R.A. Mobley (Florence)

1933 J.D. Cunningham (Spartanburg)

1979 W.E. Peeples (Colleton)

1932 W.P. Lancaster (Lee)

1974 B.W. Strickland (Lexington)

11 South Carolina Trooper

A Shooting or an Accident… Nobody likes to think about it! But, it can happen to any State Trooper at any time. There’s a shooting or a serious accident….someone is hurt…you’re involved.

As an SCTA member, you are not alone! The SCTA is here to protect your rights.

If it happens to you: x

Don’t panic! Calm down and compose yourself.

Don’t rush into making a statement.

If you are asked to make a statement, call O’Leary Associates

1-800-781-1078 O’Leary Associates will provide you with an attorney prior to making a statement—either on the scene or wherever needed. Wait until you talk to the SCTA Attorney before making any statements, oral or written. The SCTA is serious about protecting you!

12 South Carolina Trooper

With the SCTA’s Legal Assistance Benefit… “Do I need Board approval?” NO! “Do I need the general membership’s approval?” NO! “Will personalities be involved in my request” NO!

Under the Legal Assistance Benefit of the SCTA, only three simple questions are asked: 1. Are you an SCTA member in good standing? 2. Were you an SCTA member on the day of the incident? 3. Was the incident within the scope of your official duties as a State Trooper?

As an SCTA member, you have available to you

24-hour, on the scene coverage.

The SCTA is here for you when it counts!

For Legal Assistance, Contact O’Leary Associates

800.781.1078 or 803.779.5556 13 South Carolina Trooper

Profile of an Active Trooper: Sergeant Kenneth E. Branham By Bunnie Harris

This article is about a dedicated trooper. A quiet, gentle man who is disciplined, physically fit and one you want on your side should trouble arrive. The look of the Special Ops member screams he can take care of himself and those around him. He is a trooper who loves his work, his wife, his kids and his grandson, and his fellow troopers. Kenneth Branham was born to Kenneth and Sue Branham in York, South Carolina. He graduated from York Comprehensive and worked at Cannon Mills for a short time before accepting a position with Carolina Engine as a mechanic. His boss eventually opened another business, Gene’s Rental, and asked Branham to take the Assistant Manager’s position. The store just happened to be down the street from the Highway Patrol office and it was a daily occurrence for Branham to watch a trooper drive by in a Mustang patrol car. That observation would be the beginning of what is now a life long career, with the dream of driving a Mustang. Branham wasn’t acquainted with any troopers other than one he met at a gun shop. His name was Jimmy Carter and no, he was never the president. The young Branham discussed the desire to become a trooper with Carter and was advised, “There is a lot more to it than you think.” He explained traffic stops, wrecks, special duty and long hours, none of which discouraged the “wannna be” trooper. With the image of a Mustang in his head, he completed an application, passed a background investigation conducted by Larry Harrison and was hired within five months of applying. He began patrol school in February 1989, with his roommate, David Brewer, now retired. Branham remembers receiving his first assignment from Colonel Lanier. As he recalls, “Back then we completed patrol training without any knowledge of where we would be stationed. Just prior to graduation, Colonel Lanier gave me my assignment, St. Matthews, Calhoun County. I must have had a puzzled look on my face because he asked if I knew where it was. When I replied with a no sir, he told Captain Collins, ‘Give that boy 14 South Carolina Trooper

a map.’ I was handed a map just like the ones they give out at the rest area.” Reporting day was three days later, and Branham remembers sitting in the Troop 7 office waiting to meet the Captain and be paired with a training officer. He says, “I remember seeing the training officers as they came in. When I saw A. J. Logan I said to the other trainees, I feel sorry for whoever gets him, he looks like he is mad at the world. Of course, I was the trainee assigned to him and it was a stroke of luck for me. He not only taught me everything I needed to know to be a good trooper, but helped me in my personal life by taking me in, feeding me, and treating me like family. I lived with them for a while because there was no housing available. He and his family still mean the world to me and we still check on each other now and then.” Even though Calhoun County was mostly rural roads and farm land, so much went on in that small place. Luckily the city, county, and Highway Patrol were very integrated and always assisted one another. At the time, Leon Lott was the Chief of Police in St. Matthews and recognized the importance of the departments working together. His background was in narcotics and he worked hard to keep drugs out of the area, as well as halting any trafficking. He had contacts everywhere and didn’t mind asking for assistance from the county and patrol if needed. Branham said, “I felt fortunate when he informed me about a case his department was working on and asked me to assist with the traffic stop. It all went down like clockwork, just like he planned, without incident.” Branham recalls the days of no radars and inspection stickers. One minor traffic stop for an expired inspection sticker was a life changing experience. As he recalls, “I stopped a vehicle with an expired sticker. When I asked the driver for his license, he asked for mine. I asked him for his registration and he asked for mine. He told me he was over all law enforcement in South Carolina. ( → )

At first I thought he was joking but In 1999 Branham was promoted to later realized he had a problem. I got Corporal. 2002 brought about a lateral transfer the information and sat in my patrol car to issue the ticket. The driver to Special Operations, commanded got out of his vehicle and went to at the time by Major Eddie Johnson. the back of my patrol car and wrote Major Johnson was well liked by all the down my tag number. He then came members and expected professionalism to the driver’s door and wrote down on all assignments standing tall and the car number. When I went back to walking proud. Branham enjoyed the him and gave him the ticket, he told military structure and challenges of me this would be my last day on the their many assignments. Working job. He left and I continued patrolling. right along side him was Corporal Russ I was several miles away when I Howard who became the Sergeant received a call for assistance with a chase. By the time I arrived, the chase was over and the driver had been shot and killed by an officer from another department. An investigation revealed the violator I had stopped earlier had gone to his house and got a gun. He told his wife he was going to kill a state trooper. He was riding around looking for me when she called to let officers know and to give them a description of the vehicle. When they tried to stop his vehicle, he shot at the officers and they returned fire. The ticket I had written was lying on the seat beside him. It made me think about how easy it is to get in our comfort zone. He could have shot me through the back glass of my patrol car had he been in possession of a weapon when I stopped him.” In 1991, Branham became a proud member of the Honor Guard and joined the A-CERT Team in 1993. He transferred back to York in 1994, where he was closer to his family and able to spend some time with his grandparents. He enjoyed working for First Sergeant McKinney who Branham describes as a good man, one who cared about his troopers and who was well respected in the community.

in Special Ops. Howard was one of the most dedicated troopers he had ever met, one who always gave 110% and expected the same from others. According to Branham, “Even though I always tried to stay in shape, being in an environment with Russ and the CERT-team brought about a greater appreciation for being physically fit and its importance as a SWAT Team member.” One of Branham’s favorite Honor Guard assignments was at the Darlington Raceway where the members were invited to the driver’s meeting. They were treated like royalty, fed and their assignment positioned them at the foot of the stage where all drivers were introduced and came down the steps in front of them. He enjoys all Honor Guard assignments, but the staff at Darlington was great. Another memorable incident occurred while Branham was patrolling I-26 in Calhoun County. He saw a school bus with no students traveling 50 miles per hour in the fast lane holding up traffic. When he pulled up beside the bus, the driver would not look at him. With no success, he dropped back behind the bus and again tried to get the driver to stop. Instead, the driver sped up and a chase ensued through corn fields and down dirt roads with the bus striking the patrol car as the driver attempted to evade capture. A check of the tag number revealed the bus had been stolen. When the subject was finally apprehended, he was found to be an escapee who had stolen the bus and driven to Charleston to see his family. (continued on page 16)

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Even though Branham cut his teeth on what we call “the good old days”, he realizes the necessity for change. He praises Major Madden, the new Major over Special Operations, for being accessible, supportive and receptive to their ideas as well as talking with them about changes. “Major Madden has brought some new ideas to the table, and they are good ideas. It’s a new day and new ideas are being discussed.” Branham is a volunteer for the Rescue Team in York County. One of his duties is scuba diving which includes recovering drowning victims and boats that have sunk. In 2005, Branham was called to assist with a search. Rescue workers had been searching for a two-year-old for 22 hours. An Amber Alert was issued for a possible kidnapping and divers had searched the lake. The family had moved to South Carolina only two days earlier and had enjoyed a cookout at the grandparents’ waterfront home on Lake Wylie. As the festivities ended, the little girl was taken in the house, bathed and dressed. When the family discovered her missing, a massive search took place. When Branham arrived, the lake was murky and it was impossible to see in the cloudy water. He had been in the water for about two hours swimming in a grid system with other divers when he felt something he knew shouldn’t be there. Not far from the grandparents’ dock, tangled up in about 8 feet of water, he realized what it must be, even though he could not see what he was holding. The discovery was heartbreaking for the big guy, a father of two. An article was written in the local newspaper after the child’s mother, Jeanette Casey, insisted

16 South Carolina Trooper

on talking to the big burly trooper who found her daughter and kept the family from wondering day after day what happened to their child. The meeting was bittersweet with tears from everyone. Branham states, “The incident was beyond words for me. I wanted to make it better but there was nothing I could do or say.” The humble trooper refused to take credit alone and informed Ms. Casey that credit should go to the entire team. Branham and his wife Shannon were married in 2003 after an accidental meeting at a Super Bowl party. Shannon is an investigator with the State Law Enforcement Division. The happy couple live in Union and are thoroughly enjoying their life together. “She is very good to me, and extremely supportive. She bought me a tractor for Christmas, a blue and white one, with a front end loader. I love riding it,” says Branham. We can only imagine how many times he sings the Kenny Chesney song, “She Thinks My Tractor’s Sexy,” while plowing up the land and thinking no one can hear him. Branham is the father of two children he adores. John Keith, his son, is the father of a special 14 month old, Eli, Branham’s only grandchild. His daughter, Stacy, is 24 and about to bring double the pleasure to the family as she is expecting her first child. Branham loves steak, action movies and most any kind of music, although he is a classic rock fan. He also enjoys anything mechanical and guns. The Branhams attend Phillipi Baptist Church. And by the way, for those of you who don’t believe in dreams, yep he got that Mustang. The tag number even had his name on it K-E-N. He washed it every day. ▲▲▲

WARD SERVICES IS PROUD TO SUPPORT OUR STATE TROOPERS!

Ward Services has partnered with The South Carolina Troopers Association to provide active members with a $5,000 group term life insurance policy at no cost. In order to receive this benefit, you must: x Complete a beneficiary designation form x Be an active member of the SCTA x Currently be employed by the SC Department of Public Safety Additionally, the following voluntary benefits will be offered through convenient payroll deduction: x Cancer Insurance x Universal Life Insurance x Disability Insurance Notification will be provided by the SCTA when a Ward Services Benefits Counselor will be in your area to collect beneficiary forms for the $5,000 NO COST group term life insurance and to assist members with the new voluntary benefits. Please contact the SCTA Office, 800-633.2236, or office@sctroopers.org, if you have any questions regarding this valuable service provided by the SCTA.

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Spotlight on.....

TROOP 1, POST A: Sumter & Clarendon Counties By Bunnie Harris

Located in the midlands of South Carolina, Sumter and Clarendon Counties are full of history, beautiful country and friendly folks. Sumter was named for General Thomas Sumter, the Gamecock General of the American Revolution, thereby earning the nickname Gamecock City. It is the home of Shaw Air Force Base and many small communities such as Pinewood, Wedgefield, Stateburg (former home of the famous cheeseburger) and Mayesville. Being in the middle of the state, it is bordered by several counties-Lee, Florence, Clarendon, Calhoun, Richland, and Kershaw. Clarendon County houses the north shore of Lake Marion and is a welcome retreat from the hustle and bustle of city life. Although small, it claims five former South Carolina governors. The last one, John Peter Richardson, completed his term in 1890. It is also the home of the annual Striped Bass Festival in April, when the scenery is at its peak. With tourists, lake lovers, military personnel and plenty of activities in both counties, as well as those passing through on highly traveled Interstate 95, the community is blessed with a great group of law enforcement agencies to keep the peace and save lives. Among those are the men and women of the South Carolina Highway Patrol. J. L. Sinkler is the First Sergeant in Post A. Shot during a traffic stop, Sinkler has an acute awareness of just how quickly a traffic stop can turn violent. While working an evening shift, he stopped a car on a rural highway. As he was approaching the vehicle, the lone occupant cracked his door and began shooting. The vest saved Sinkler’s life but he was shot in the finger. As he took cover, the violator exited his vehicle in search of Sinkler. 18 South Carolina Trooper

Luckily, Trooper Darren Wilson arrived and returned fire, resulting in the arrest of the suspect. Sinkler fully recovered from his injuries and continues to work in Post A. Mark Danbeck will tell you he is a damn yankee - one of those who came south and never went back. Born in Boyville, New Jersey, his parents, Richard and Maryann, moved to Manning after his dad retired and accepted an offer to run Willow Glen Academy, a caring community for mentally challenged children and young adults. Danbeck eventually followed, as well as his brother Scott. Danbeck’s dad attended a small college in West Virginia, and after visiting the campus of West Virginia University, Danbeck’s decision was made. He liked the campus and enrolled. He originally majored in accounting but wanted to teach. He got a degree in history and was certified to teach in New Jersey. Oddly, he worked for a finance company for a while, processing mortgages. Danbeck applied for the New Jersey State Police, took the test, and was on the waiting list when his parents moved south. His dad got him an application for the South Carolina Highway Patrol in hopes he would consider it. When all was said and done, it was meant to be. He began patrol training in July 2000. At the time, his girlfriend, Jodi Fink, was still up North freezing in the winter time. The two continued a relationship by meeting every couple of months and in October 2001, were married in Toms River, New Jersey. She made the move south to support her husband in his chosen career.

Even though Clarendon County was a definite culture shock, Danbeck still knows he made the right choice and loves it there. As he remembers, “When I got down here, I noticed how friendly everyone was, they speak and wave to you even if they don’t know you. They don’t do that in New Jersey.” Danbeck feels fortunate that he had a great training officer, Joe Ham. “I owe a lot of my success to him for all he taught me. Our very first traffic stop was a DUI. I will never forget one of the first things he told me when exiting the patrol car, a piece of advice not all training officers teach. He told me to watch where I step. I asked him why and he told me we have snakes down here. My first jury trial resulted from that traffic stop and thanks to the assistance of my training officer, I won.” I asked Danbeck if he is now accustomed to the small country living. He replied, “The transformation came quickly. I am now doing things I never dreamed I would do. I drive a pickup truck, own a rifle and I deer hunt. I never thought I would sit in a stand to wait for something to shoot. When I first got here, not only did the patrol accept and welcome me, the Sheriff’s Department and other local agencies were receptive to this outsider coming in. My brother Scott eventually came too and is now a police officer with the City of Manning. We have a great time with our family and friends.” The worst memory for most troopers in Sumter is the death of Jonathan Parker. On that tragic day, Danbeck was getting his oil changed when Parker came to pick him up. However, when he arrived, the task was completed. They visited for a minute, Parker left and Danbeck never saw him again. He will never forget him. His best assignment so far and the most exciting was meeting Coach Steve Spurrier and escorting the team for the University of South Carolina vs. Clemson football game. He is a full-fledged Gamecock fan and tries to go to at least one away game each year. During home games you could always find him at the corner of Shop Road and George Rogers Boulevard, making sure those Gamecocks arrived safely. Danbeck and his wife have two wonderful children, Emma, 5 and Olivia, 2. He credits his wife for having patience and understanding, and making sure family time is a priority. The Danbecks attend St. Anne’s Catholic Church. J e r r y Melendez took a nice pay cut to join the Highway Patrol

in 2007. He landed in Sumter while serving his country and was stationed at Shaw Air Force Base for four years. Originally from Connecticut, he is another trooper who couldn’t bring himself to go back north after completing his military career. His work as a diesel mechanic kept him employed in Sumter and for a while he worked at a local dealership. He married a southern girl, Amanda, and the couple are the proud parents of three children, Manny Lynch, 14, Nichole, 13 and Alyssa, 10. Melendez attended the University of Bridgeport where he received a Bachelors Degree in Business Management. Talking to him, it is apparent he is an upbeat, happy guy and he says, “I love people, I love working the road and if I can just keep up with the paperwork, all is well.” He has no regrets about his new career. He enjoys math and after taking the six week MAIT course, has decided reconstruction is his new love. On his days off, he works in his shop at home doing mechanical work. He has other talents and would make a great undercover guy. Thanks to him for helping the needy get into a locked vehicle. Corporal B. K. Floyd was born in Orangeburg, South Carolina to Dr. & Mrs. B. K. Floyd, Sr. while they were living in Barnwell where his dad was the principal at Barnwell High School. The family moved to Turbeville when his dad accepted a position as Superintendent of Clarendon County School District 3. B.K. attended East Clarendon public schools but graduated from Clover High School after moving again when his dad accepted a position in York. Upon graduation, Floyd attended Presbyterian College where he played middle infielder on the baseball team. He transferred to the University of South Carolina and graduated with a degree in Marketing and Management. Floyd applied for the patrol in 1994, but due to the hiring freeze, he was not hired until the class of 1997. Attending the academy would change his life in ways he hadn’t expected. His roommate, Shay McKenzie, introduced Floyd to his sister Caroline. Their first date was in March and by December she had whipped him into shape and married him. A l s o graduating in his patrol class was J. D. Haynes, recently killed in the line of duty. Also killed in the line of duty were two close friends, Jonathan Parker and Mike Rao. (continued on

20)

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“It is rare to lose that many close friends in the line of duty. The patrol lost three good men,” said Floyd. Chris Raffield was Floyd’s training officer after his arrival to Sumter County. Still stationed there, he gives credit to the supervisors that helped bring him up. He recalls, “I had some awesome supervisors, Roark, Rabon, Herbert and now Sinkler. I learned a lot from all of them and as a young trooper, I looked up to them. Sumter is the perfect place to work because there is enough going on to keep you busy, but it is not overwhelming. We have Shaw Air Force Base and travelers going through Sumter to reach Myrtle Beach and Columbia, and of course, we also work a portion of the busy and dangerous I-95. The troopers here have a good relationship with the military police, the county, the city and other small departments in our jurisdiction. We are fortunate to have their assistance. Some shifts we may have two or three troopers, but Clarendon and Sumter Counties will have six or seven deputies on duty. They are always willing to assist.” Floyd plays golf as often as possible and is an avid Gamecock fan. He loves baseball and also travels to at least one away football game if scheduling permits. During home games, he is working traffic while his dad and one of his daughters are sitting in the stands. Being a sports nut, you will often hear him say, “Talk is cheap, let’s play ball,” his favorite quote, made famous by Johnny Unitus of the Baltimore Colts.

Floyd and Caroline have two daughters who keep them entertained, Rhamey, 6 and Merietta, 4. If you have an opportunity, he will be happy to tell you a story about either of them, guaranteed to make you smile. The Floyds are members of Barrineau Pentecostal Holiness Church in Turbeville. Corporal Joseph Ham entered the world in New Zion where he grew up attending Clarendon public schools. After graduating from East Clarendon High School, he joined the United States Marine Corps and served his country for four years. Fresh out of the Marines, he came home and went to work at Westinghouse. As he was driving home one day, he saw a trooper get out of his vehicle and he went back to talk to him. The conversation with Luther Faulk influenced the former Marine to go to the patrol office and get an application. As Ham said, “I picked up an application and here I am.” Robbie Rabon completed his background investigation and in 1990, Ham became a trooper.

Mark Danbeck

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BK Floyd

Stationed in Bamberg, like many others before him, he was given a map, along with verbal instructions on how to get there. While in Bamberg he worked with fellow officer Marvin Titus who was killed in the latter part of 1991. They were close friends and his death was not easy to deal with. Ham decided to request a transfer to Clarendon in 1994 and is happy to be in Post A. “Post A has a great group of guys. This is a laid back post and we not only work well with each other, but also with other departments” stated Ham. Performing the duties of a training officer was a favorite of Ham’s. He stated, “If there was a highlight in my training duties, I would have to say it was training Danbeck. He was easy to train and always ready. I remember him always saying, ‘Let’s go, let’s go.’ He quickly absorbed what he was taught and I am proud to say he has also become a training officer.” After combining Clarendon and Sumter counties, Ham made the transition to Troop A without any problems. However, he noted, “It added a huge amount of territory to cover with most shifts consisting of a corporal and three or four troopers. The post runs from the north side of Santee in Clarendon County with county lines bordering Florence County, Richland County, Williamsburg County and Orangeburg County. We work 12 hours, and my shift is a good one, three troopers a n d me.”

J.L. Sinkler

Ham does a little fishing in his spare time. He and wife Mary are the parents of Niesha, Silisha, and Tanyiah. They are members of St. John’s AME Church in Kingstree. The newest member of Post A resembles a high school student. Brandon Stokes was born to Cindy and Starling Stokes and grew up in Camden, graduating from Camden High School just four years ago. He attended Central Carolina for a while, taking Criminal Justice courses, when he decided to join the Volunteer Fire Department. It was during this time he interacted with troopers at wrecks and was encouraged to join the patrol. At the time, Stokes was not quite old enough so he waited until he neared the age of 21. He applied and to his delight began patrol school in 2008. He hoped to be stationed in Sumter. “I didn’t want to work in my hometown because it is small and I know many of the residents. Sumter is a great place to work. I love it here. I am on the best shift, Shay McKenzie’s,” states Stokes. Even though he enjoyed his duties with the fire department and was concerned about the change, he is comfortable in his new position and enjoys his work. Stokes’ worst incident thus far has been the OC spray in his eyes. He recalls, “I wanted to be one of the first in line so I wouldn’t have time to think about it after witnessing others being sprayed. It took me about an hour and a half to recover, but I made it.” Stokes enjoys hunting and fishing. He is a newlywed and met his wife Loree at a Kenny Chesney concert. They were married in April 2009. So far, life is good, and he hopes to make the Highway Patrol a lifelong career. Corporal Carroll Welch was born in Turbeville and has six brothers and a sister. His dad made sure the boys stayed out of trouble by keeping them busy on the farm every day, working row crops and cropping tobacco. He graduated from East Clarendon High

School and joined the Army, following in the footsteps of his oldest brother. He reported to Fort Sill, Oklahoma for three months of basic training. When Welch was a child, his mom was involved in a collision while he was in the car. He was very scared. Even though he doesn’t know the trooper’s identity, he can remember the incident and the positive impact the man in uniform made on him. “He was very professional and had an understanding attitude. I noticed how he handled the situation and put everyone at ease.” As he got older, there were two things in life he wanted to do: be a state trooper and join the Army. “My brother’s discipline while he was in the Army impressed me just like the attitude of the trooper who worked my mom’s accident. I also liked their neat appearance in uniform. My decision was made.” So far he has accomplished both of those goals. Applying for the patrol, he was disappointed when he did not make the February 1984 class. However, two days after it began, there was cause for celebration when he received a call from Doug Connelly asking if he was still interested. He didn’t hesitate to report for class the next day and became a graduate in May 1984. A single man at the time, he was stationed in Beaufort County where he stayed until 1988. When his dad got sick, he was granted a transfer to Clarendon County. He recalls, “Arriving back in Turbeville, I had two great supervisors, Sergeant Lawson and Corporal Lewis Jackson. At that time, Clarendon was in Troop 7. It was, and still is, a great place to work.” In December 1989, Welch resigned from the patrol to attend Holmes College of the Bible in Greenville. He recalls, “Every time I saw a patrol car, I wanted to be back on the patrol. It was difficult but I stuck it out and got my degree, graduating

in 1994. I came back to Clarendon and reapplied but my application didn’t get processed. At the time we had a Colonel who would not rehire anyone that left. I went to work with Department of Corrections until we got a new Colonel in 2000.” Welch was rehired and required to attend patrol training because of the time lapse. He was elected class leader and at graduation, received the Colonel P. F. Thompson award. In 2002, Welch was deployed for Operation Noble Eagle. After serving a year, he returned home for 30 days and was re-activated to Iraq for the actual entry phase of Operation Iraqi Freedom where he operated a Howitzer Tank. He received the Bronze Star for actions while deployed. In February 2008, he was promoted to Command Sergeant Major of the 51st Military Police Battalion out of Florence, SC. Welch returned to the patrol and was promoted to Corporal. He has three men on his patrol shift that he labels as hard workers. He states, “I have Sanders, Skinner, and Scott and I would put them up against anyone in the state. I guess I am labeled as being more stern than other supervisors, but it is due to my military background. I like coming to work and helping the guys on my shift grow and mature. It’s not about me anymore, it’s about them. If I help them learn the aspects of the job and what’s required, they don’t have to be micro-managed. I’m here to help them when they need help and I hope they see that way.” Welch and his wife Cindy have three children, Daniel, Danielle and Sabrina. Daniel has graduated high school and Danielle will be a junior. The Welches are members of Pinedale Pentecostal Holiness Church. When time permits, he enjoys riding his motorcycle and attending his daughter’s sporting events. As always, we thank all the members of Post A for their service to the citizens of South Carolina.▲▲▲

Do you have pictures you would like to share with other members? E-mail them to editor@sctroopers.org, or mail them to SCTA Office-ATTN: Editor; 4961 Broad River Road, Columbia, SC 29212. Show us the lighter side of your job!

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SCTA Awards $15,000 In Scholarships This year, as in years past, the South Carolina Troopers Association proudly awarded $15,000 in scholarships to the following individuals. Scholarships are available to SCTA Members in good standing as well as dependents of SCTA Members. Congratulations to the 2009 Scholarship Recipients, and best of luck to all of them in their scholastic endeavors. Be sure to check the SCTA website, www.sctroopers.org, in January 2010, for the 2010 Scholarship Application.

Erica Boykin, daughter of F/SGT & Mrs. A.J. Chavis, attends the University of South Carolina and is pursuing a degree in Exercise Science/Health Fitness. She hopes to pursue a Masters in Health Aspects of Physical Activity.

Lauren Branham is the daughter of SGT & Mrs. Donald E. Branham, Jr. She attends Clemson University where she is studying pre-business.

Jennifer Canfora, wife of Vincent Canfora, received her Master of Arts degree in counseling in 2008 and is now pursuing her PhD in Human Services with a counseling emphasis through Capella University.

TFC Vincent Canfora is assigned to Troop 5, Post D but has been working with the SIT Team in Region 3. He is studying Forensic Psychology through Kaplan University.

Evan Culp is the son of LT Jeff Williams. He attends the University of South CarolinaUpstate and is pursuing a degree in Nursing. Upon receiving his degree, he plans to continue his education to become a nurse anesthetist.

Chandler Freeman, daughter of F/SGT & Mrs. Brad Freeman (RET), is a junior at Clemson University and is pursuing a degree in Elementary Education. Upon completing her degree, she plans to attend graduate school.

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Elizabeth Freeman, daughter of F/SGT & Mrs. Brad Freeman (RET), is a junior at the University of South Carolina. She is pursuing a double baccalaureate degree in Business Management and Marketing. She plans to attend law school.

Courtney Gamble, daughter of CPT & Mrs. Jones Gamble, is a junior at the University of South Carolina. She is studying psychology, and plans to pursue a Master’s degree in counseling.

Emily Herring, daughter of CPL & Mrs. W.D. Herring (RET), is a junior at the University of South Carolina and is pursuing a degree in Public Health. She plans to pursue a Master’s degree in Environmental Health Science.

Courtney Kelly, daughter of CPT & Mrs. Darryl Kelly, is a freshman at the College of Charleston She is majoring in Biology and minoring in Spanish. She hopes to attend the Medical University of South Carolina in 2013.

L/CPL Tyler Luther has been with the SCHP since 2000 and is assigned to Troop 5, Post A. He attends Francis Marion University and is majoring in Political Science with an emphasis on Criminal Justice.

Lauren Metts is the daughter of SGT & Mrs. Lane Metts (RET). She is a rising sophomore at North Greenville University where she is a Biology/PreMed major.

Christopher Simmons is the son of CPL & Mrs. James M. Simmons. He is a rising senior at Lander University and is majoring in Computer Information Systems with a minor in software development.

Jordan Simpson is the son of SGT & Mrs. James B. Simpson. He currently attends Florence Darlington Technical College and plans to transfer to Francis Marion to obtain his Bachelor’s degree in Education.

Daniel Stack is the son of L/CPL Lynn Stack (RET) and Ms. Joette Kittrell. He attends the Bridge Program at Tri-County Technical College and is pursuing a degree in International Sales & Marketing.

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Profi le of a Retired Trooper: First Sergeant Richard Kelley By Bunnie Harris

he married the love of his life, Brenda Dale Thrift. The two had known each other since junior high school, but and found it was one of the hardest the relationship did not begin until her car broke down one day and Kelley, not yet a trooper, but a gentleman, decisions he ever faced. Then, like a sign from stopped to assist the young Brenda. Forty years later, they are still together, traveling and above, along came the incentive, or as enjoying life, their children and their some call it, the icing on the cake. It grandchildren. helped seal the deal for Kelley. The tour in Vietnam ended with his Born in the old home place on the safe arrival home and he went back Keowee River way up there in Pickens to construction work. At the time, he County, he grew up in the country. By owned a 1957 Chevrolet and one night the time he was in first grade, the family decided to see if he could outrun a moved to Oconee County. In those patrol car driven by Jake Robinson, days, times were tough and Kelley the Sergeant in Oconee. Robinson made a decision to drop out of high attempted to stop Kelley for speeding school to financially help out by going and when Kelley put the pedal to to work in the cotton mill on third shift. the metal attempting to get away, At age 18, he had enough of the mill Robinson stayed in hot pursuit. It was and landed a job in construction. That a night that would change his life, one is only the beginning of his story. that influenced Kelley to set some Wanting to be a part of the best, he goals. Robinson dealt with Kelley in a joined the United States Marine Corps manner that was stern yet professional. when he was 19. Arriving in Parris Kelly recalls, “His dealings with me Island, he had to adjust to a life much that night demanded respect even after different than he was accustomed to in I tried to outrun him. He impressed me upstate South Carolina. Kelley was so much, I decided, one proud Marine not only did I and realized the want to be a part old saying was of the Highway true, “Once a Patrol, I wanted to Marine, always work hard enough a Marine.” His to some day be future assignment Sergeant there, was a tour in make a difference, Vietnam where and be remembered he served from as one of the best.” 1969 to 1970. He Here’s to you, thought it would Kelley for making be wise to take The Good Old Days your dream come care of business true. (next page) before he left, so

Richard Kelley thought about retirement

24 South Carolina Trooper

As a result of that encounter, Kelley went back to night school and got his diploma with one goal in mind. That goal was reached when he graduated in the 1974 fall patrol class. When he joined the patrol, his salary was $13,400, a nice pay cut from his previous job. Mike Kelly was his roommate at the academy and the two studied together. Physical fitness and shooting were no problem for the former Marine, and he passed ssed with flying colors. He states, s, “Graduation came and I didn’tt care where I got stationed. When n Colonel Thompson told me, e, ‘you’re gonna like Greenwood,’ I was happy.” Four years later, Kelley quit thee patrol for a better paying job as a truck driver. Back than, $30,000 0 was a huge chunk of change, e, especially for a young man whosee wife had lost her job. The choicee was a no brainer. Kelley worked d hard to get their financial situation n straightened out but never lost hiss desire to serve ve the citizens of South Carolina. olina. He recalls, “I earned very good money ney driving a truck, ck, and getting g our finances straight gave me an opportunity to come back on the patrol. S a m m y Reighley and d A.W. Hampton ton were inspirational tional

in my return. They helped convince me I needed to come back. Lt. Hampton was filling in for Captain King and he talked with Major Lanier about me. In 1981, I returned to the Highway Patrol a happy man.” Kelley was promoted to Corporal, Sergeant and First Sergeant. He describes the troopers under his command as his children, a close knit group. One of those was David Bailey. Stat Stationed Abbeville atio ione nedd in A Abb bbev eville when

he first came on, he later transferred to Greenville where he was killed in a patrol car accident. Kelley states, “For any supervisor, losing any trooper is a tragedy and it is especially difficult when the trooper began his career under your leadership.” When Kelley retired, he was the First Sergeant in Post B, Troop 2. He says, “The huge territory was a challenge and we had about 22 troopers. With all the rrural roads, we had plenty of deer vvs. vehicle wrecks, as well as the nnormal enforcement duties. Our troopers did a good job.” t Asked to comment on changes he hhas seen, he gave it some thought. He H remembers the patrol leaving tthe Department of Transportation aand says, “It seemed liked a good idea at the time and we thought we i would be in better shape. Suddenly w the department had no money, a t loss of manpower, and a hiring l freeze. As we all know, changes are f inevitable and we continued and i survived.” s Realizing th the importance of the duties performed by stat state troopers, Kelley is a Kelle believer in the bel effect they e can have by just being seen. “Countless lives have been saved by b the mere presence of pr a st state trooper. (continued on page 26)

25 South Carolina Trooper

Seeing a blue light sometimes snaps drivers back to reality and can cause them to think about their safety, and of course they check their speedometer to see how fast they are going, and sometimes slow down,” Kelley states. A dedicated employee, Kelley believed in what the patrol stood for. As he said, “Whether we know it or not, the Highway Patrol and the Marines are two of the most elite organizations in the world. I am proud to have served with both.” The Kelleys have two children, Tonya and Tracy. Tonya is a member of the Coast Guard and Tracy is an auditor. Tracy and her husband Charles are the parents of the Kelley’s two grandchildren, Brandon and

Courtney. In June, the Kelleys celebrated their fortieth wedding anniversary and the children actually managed to surprise their parents with a big 40th Anniversary party. These days you can find Kelley driving around in his dooley, hauling hay, or just vacationing with Ms. Brenda. Believe it or not, letting go was not as easy as you think. He holds a special place in his heart for the profession that began at a traffic stop many years ago. He looks back at his career with pride, and is thankful for his years with the South Carolina Highway Patrol. Even though he decided to retire, he is a man grateful for the opportunities given to him and the friends he made along the way. ▲▲▲

Have you had a recent status change, including promotion, retirement, transfer, change of address, change of beneficiary, etc.? If so, please notify the SCTA Office by calling 1.800.633.2236, ext. 10 . You may also update your membership information by visiting us online at www.sctroopers.org or you may send an e-mail directly to office@sctroopers.org. Please note that if you need to update your beneficiary, you must either complete the online Change of Beneficiary form, or we can mail you the form. Beneficiary changes cannot be made over the telephone. 26 South Carolina Trooper

SCTA Membership Has Its Benefits! • •

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Legal Representation for Active Troopers (for incidents nci cid cid which occur within the line of duty) All members in good standing have Basicc Li L Life ife IInsurance. n ur ns uran ance an ance ce. There is also an Accidental Death Benefi ene nefit w nefi which hich hi ch iiss pa paid id id when a member dies from accidentall bbodily odil od ilyy iin il injury. nju uryy. (*ca (* (*call *ca call lll or e-mail for specific information) Emergency Relief Fund-available ila laabl blee ttoo aany n m ny member embe em berr be in good standing who, through gh noo fau fault ultt ooff th ttheir thei heiir ow own, own, requires financial assistance. Annual Scholarships are awarded waardded w e tto o me m memb members emb mber errs in good standing as well as their ddependents. epen ep ende en dent dent de nts. nts. s S Scholarship ch hol olar olar arsh shhip applications are available thee 22nd ndd M Monday onnda dayy in JJanuary. anua an uary ua ry ry. y. Basic Carolina AAA Motor otorr C ot Club lub lu b Membership Memb Me m errsh mb ship ip ffor or or Active Troopers who are SCTA TA Am members. eem mbeers r. National Troopers Coalition M Me Membership emb mber ersh ersh er ship ip p ffor or A Active ccttiv ivee Troopers. The NTC represents State ate te T Troopers roop ro oper op ers na ers er nnationwide. tion ti oonnwiide de.. Visit their website at www.ntctroopers.com. oppers rs.c .com .c com. Subscription to South Carolina Trooper Tro rooop oper er magazine maggaz azin inee in The SCTA monitors and pursues le legislation that will eggiislat slattio sl ionn th hatt w il il enhance public safety and the working conditions kin ing co ing cond ndit nd ittio ons n ooff our members. The NTC performs the same ta task ask on tthe as hee national level. 20% discount on merchandise at the SCTA Storee ffor or SCTA members. Shop online at www.store.sctroopers.org

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Member-only discounts to various theme parks and recr re recreation creeaa crea cr areas including Hollywild Animal Park (Wellford); Carowinds; C Ca aro rroowi wn several Myrtle Beach venues including Ripl Ri Ripley’s pley pl ey’s ey ’s A Aquarium, q Freestyle Music Park, Myrtle Waves an NA an and NASC NASCAR SCA SC CA Speedpark; Riverbanks Zoo & Gardens ((C (Columbia); Col o um umbi biia) a);; Ch C Charleston ha County Waterparks; Disney Theme Parks, Pa Park arks rkks, Sea eaa W World, orrld and Busch Gardens. Unless specific information info in form fo rrm mat atio ion iss rrequired io equ equ eq (listed below), you may call the SC SCTA CTA Offi Offi ficce, e, 8800.633.2236, e, 00.66 00 ext. 10 or send an e-mail to offi of fice fi ce@s ce ce@sctroopers.org @ssct @ ctroop oper oper op ers. to request information and prices. • Fo For F orr Disney D sney Di sneyy T Theme he he Park discounts, visit their website: www.offi www. ww w.of offi ffici ccialticketcenter.us. ial alti tiick c et etce ceen USERNAME: SCSTA PASSWORD: trooper tro rooope operr

• Fo Forr C Ca Carowinds aroowi windds discounts, disc dis di go to www.carowinds.com and click and cl an clic ickk on ic n tthe hhee “tickets” link. Then click on “Corporate Partners” the code sct09 Part Pa rtne rt n rs ne rs” s” and a d enter an e • For special vacation deals and savings at Anheuser-Busch For sppec ecia iall vaac ia Adventure Parks, go to www.adventureclubonline.com and A veent Ad ntur urre Pa Park click on “Tickets” for printable coupons. clic cl icck “Ti Ti • Sh Show your SCTA Membership card or SCHP badge at Hollywild how you our ur Animal Park (www.hollywild.com) and receive a 15% discount . An An

• SC SCTA Membership Card, identifying you as an SCTA S member as well as an SCTA member decal, exclusively for SCTA members, to display on your vehicle.

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South Carolina’s Device Program By Teresa Van Vlake

The South Carolina Department of Public Safety’s preliminary statistics for 2008 indicate that driving under the influence of alcohol or drugs was a contributing factor in over 390 fatal collisions, resulting in the deaths of more than 430 persons. South Carolina also experienced more than 5,200 alcoholrelated collisions with more than 3,700 persons injured. Because impaired driving is one of America’s most frequently committed and deadliest crimes, South Carolina is getting tougher on impaired driving offenders by instituting a new program that uses technology to prevent these individuals from drinking and driving. The Prevention of Underage Drinking and Access to Alcohol Act was enacted January 1, 2008. The Act provided for the implementation of an Ignition Interlock Device Program (IIDP) that would enforce §56-5-2941 of the South Carolina Code of Laws, which requires anyone who is convicted in South Carolina of a second or subsequent Driving Under the Influence offense (DUI) to have an ignition interlock device (IID) installed on any motor vehicle the person drives. On January 1, 2009, the law was amended to include South Carolina residents who are convicted of an offense in another state that requires an IID, as well as individuals from other states that move to South Carolina while subject to an IID requirement from the other state. The South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS) was designated as the lead agency in administering the program. The South Carolina Department of Motor Vehicles (SCDMV) and the South Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS) have partnered with SCDPPPS to operate key components of the IIDP, and all three agencies cooperate and share information to ensure successful implementation and operation of the IIDP. An IID is the size of a hand held calculator that is located inside the

28 South Carolina Trooper

vehicle, near the driver’s seat, and is connected to the engine’s ignition system. A person who drives a vehicle with an IID installed must blow air into the device before the vehicle is started and at random intervals after the vehicle is in operation. If the BAC is above a specified level, the vehicle will not start or the vehicle’s lights will blink and the horn will sound if the vehicle is in motion when the person blows above a certain level. The driver will be responsible for the cost of the IID. The installation cost and monthly maintenance fee will be based on the IID vendor’s pricing schedule. Upon conviction for a second or greater DUI, the SCDMV will suspend the person’s driver’s license according to existing statutory requirements for DUI. Notwithstanding the pleadings, for purposes of determining the specified period of time that an IID is required to be affixed to a motor vehicle will be based on SCDMV records for offenses pursuant to §56-5-2930 (DUI), §56-52933 (DUAC) or §56-5-2945 (Felony DUI) of the South Carolina Code of Laws. SCDMV will notify the offender via a letter of the initial driver’s license suspension period and will include the SCDPPS’ website address and telephone number where the offender will be able to locate a current list of certified IID manufacturers and authorized service providers. The offender will also be provided a pamphlet generally describing the IIDP. The IID program is a voluntary program; however, if a person chooses not to enroll, his/her driving privileges will remain suspended for three years beyond the initial suspension period. The person may seek re-issuance of a standard driver’s license after the conclusion of the three year suspension. The initial suspension period for fourth or subsequent offenders is indefinite and may never end. An offender has ninety (90) days after the end of the initial

suspension to have the IID installed and to secure an IID restricted license. A person who fails to comply with these requirements within the ninety (90) days will be deemed to have chosen not to enroll in IIDP. Someone who has been convicted of a second or subsequent DUI offense, has completed the required license suspension period and Alcohol and Drug Safety Action Plan (ADSAP), and wishes to get his/her driver’s license back, must first go to an approved IID vendor to have an IID installed. The offender must present the vendor with a South Carolina state issued photo identification card to secure installation of the IID. Once an IID has been installed, the vendor will provide the person with a certificate of installation. This certificate must be brought to the local SCDMV office in order to get an IID driver’s license. The person needs to report back to the vendor every sixty (60) days to have the IID calibrated. At each inspection, the vendor will verify that the device is affixed to the vehicle and properly operating. The vendor will also determine whether the device shows any violations of the IIDP. Once the vendor has completed the inspection, he/she will immediately submit an IID inspection report to the IIDP Administrator at SCDPPPS for review. Failure to have the required inspection every sixty (60) days will result in the imposition of one Ignition Interlock Point (IIP) to be assessed by SCDPPPS pursuant to the Accumulated Point Total (APT) system. The length of time a person is required to have the IID installed will depend upon the number of DUI convictions and any violations that occur during the program. A person must meet specific requirements while enrolled in the IID program in order to remain in compliance. Listed below are the violations and the subsequent penalties:

• Failure to Go to Vendor Every 60 Days for Calibration-1 point each occurrence • Attempting to Start Vehicle with BAC of .02 or Greater- ½ point each occurrence • Violation of Running Re-Test with BAC of .02 or Greater- ½ point each occurrence • Violation of Running Re-Test with BAC of .02 to less than .04½ point each occurrence • Violation of Running Re-Test with BAC of .04-Less Than .15- 1 point each occurrence • Violation of Running Re-Test with BAC of .15 or Greater- 2 points each occurrence If a person accumulates 2 points, the length of the IID program will be extended to two months. An accumulation of 3 points will result in an additional four months in the program and the person must receive a substance abuse assessment and complete the plan of treatment as administered by DAODAS’ providers. A person’s license will be suspended for one year if he/she accumulates 4 points. The person will also be required to receive a substance abuse assessment and complete the treatment plan as administered by DAODAS’ providers in order to have the license reinstated. Upon assessment of any IIPs by the

IIDP Administrator, SCDPPPS will mail the offender written notice of the IIP assessment, his/her current APT, the specific consequences of the APT, if any, his/her right to appeal the IIP assessment, and procedures to follow if he/she chooses to pursue an appeal. This notification will be sent by U.S. mail to the offender’s mailing address as listed in the SCDMV database. A person may appeal the imposition of points, but must notify SCDPPPS within fifteen (15) days of receiving the IIP assessment letter. The appeal shall include a copy of the IIP assessment letter, a concise statement of the grounds for the appeal, and any supporting documentation, if desired. A SCDPPS administrative hearing officer will review the appeal and render a decision either affirming or reversing the IIP assessment within five (5) business days of receiving the appeal. No evidentiary

hearings or oral arguments are allowed and the hearing officer’s ruling is final. If the point assessment is reversed, SCDPPPS will notify the offender by letter of the reversal and inform him/her that the points have been removed from the APT. When an offender concludes his/ her IIDP period, he/she is required to have a final IID inspection by an authorized IID service provider. If the final inspection does not indicate any IIPs that require a response pursuant to the APT system, the IIDP Administrator will notify SCDMV that the offender has successfully completed his IIDP period and issue a letter of completion to the offender with instructions for having the IID removed by the vendor. Any charges incurred for the removal of the IID will be the offender’s responsibility. The offender should immediately go to the vendor for removal of the IID so the vendor can provide the offender with a removal receipt and electronically notify the IIDP Administrator of the removal. Once the offender receives the letter of completion from SCDPPS, he/she is allowed to seek re-issuance of a standard driver’s license at the local SCDMV branch. For additional information, please visit the SCDPPPS website at www. dpps.sc.gov/ignition_interlock.html.

FREQUENTLY ASKED QUESTIONS What do I do if I want to enroll in the IIDP but cannot afford it? You may contact the Ignition Interlock Administrator at 803734-9220 and request an indigent application packet. You must complete and return the application to SCDPPPS, IID Indigence Application, P.O. Box 50666, Columbia, SC 29250 in order to determine your indigent status. If SCDPPS determines that you are indigent, it may authorize an IID to be paid for by its Indigent Defense Fund. Do I have to have an IID installed on my work vehicle? No, as long as the employer’s vehicle is used solely for the employer’s business purposes, and the business is not owned in whole or in part by you, a member of your household, or an immediate family member. Another person drives my vehicle sometimes. Will they have to blow into the IID to operate my vehicle? Yes What happens if I drive my vehicle without an IID? This is a new offense and would result in new charges against you. What if I own/drive multiple vehicles?

The statute requires an interlock device on all vehicles you drive. What if the vehicle is not registered to me? You must install an ignition interlock device in the vehicle that you drive, regardless of who is listed on the registration. Where do I go to have the IID installed? A list of certified vendors is located on the SCDPPS website. You may also get a list of vendors from the DMV website. Will the IID turn off the vehicle while I am driving? No, at no point will the ignition interlock device shut off a vehicle. What happens if I have repair work done on a car with an IID? You should inform the vendor prior to having the vehicle worked on and then present the receipt at the next calibration appointment. Note that anytime the battery is disconnected due to service work, you must bring a repair receipt to the next appointment. **The information in this article was adapted from the SCDPPS website and the South Carolina Interlock Device Program Information and Procedures brochure, which was created by the SCDPPS Office of Executive Programs.**

29 South Carolina Trooper

Maryland Troopers Association Weighs In On Garrity Issue In The Supreme Court of The United States & The “Triggering” of Garrity Rights & LEOBOR Rights In The MSP Byron L. Warnken, Esq., General Counsel for the Maryland Troopers Association

Introduction During my 32-year career as an attorney, I have represented law enforcement officers in 34 agencies. I am in my 12th year of representing the Maryland Troopers Association (MTA). Of the 34 agencies, the Maryland State Police (MSP) has proven to be the fairest in its dealings with its personnel. Nonetheless, troopers must always be vigilant, recognizing that there are times when troopers need legal representation to ensure and enforce those rights. This article addresses the Maryland Law Enforcement Officer’s Bill of Rights (LEOBOR), in the context of Garrity rights and LEOBOR rights generally. The article also addresses a recent Supreme Court Garrity case, in which the MTA participated in an Amicus Petition for Writ of Certiorari (Americus Petition) filed in the Supreme Court of the United States (Supreme Court). Finally, the article addresses situations in which the MSP fails to provide LEOBOR and Garrity rights. LEOBOR Rights for Troopers under Investigation or Subject to Interrogation The LEOBOR grants “extensive rights to law enforcement officers that are not available to the general public.” Coleman v. Anne Arundel County Police Department, 369 Md. 108, 122 (2002). LEOBOR rights are triggered whenever there is an investigation or interrogation, conducted on behalf of the MSP, of a non-probationary trooper, if that investigation or interrogation could, for any reason and under any circumstances, lead to administrative disciplinary action. If the LEOBOR is triggered, an investigation and/or interrogation must be conducted in accordance with the rights guaranteed by the LEOBOR. “Spy-gate” is the term sometimes used to describe the activities of the MSP 14-month covert investigation into the activities of certain groups. When this activity became known, the Governor assigned a former Attorney General (AG) and the current AG, in cooperation with the MSP, to investigate and, as necessary to interrogate troopers. Because the investigation and interrogation could have resulted in administrative disciplinary action, all LEOBOR rights applied. Those investigators and the MSP demanded that a trooper submit to interrogation and answer truthfully all questions. Nonetheless, the investigators claimed that it was not an LEOBOR investigation or interrogation, but was only a “review,” and, because it was not an investigation, the LEOBOR did not apply. In DiGrazia v. County Executive for Montgomery County, 288 Md. 437 (1980), the Court of Appeals (COA) stated: “The legislative scheme of the LEOBOR is simply this: Any law-enforcement officer covered by the Act is entitled to its protections during any inquiry into his conduct which could lead to the imposition of a disciplinary sanction.” Id. at 452 (emphasis added).

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Investigation Triggers the LEOBOR The investigators letter to counsel for the MTA, the Governor’s letter, the Governor’s press release, and the AG’s statement all confirmed that they were acting on behalf of the Governor, who requested that they “conduct a thorough review of all of the facts and circumstances surrounding [the MSP covert investigation].” Moreover, the Governor assured the investigators that the AG “has approved this review and stands ready to assist you, and the State will provide you with the resources and personnel, and the MSP will give you full cooperation in this effort.” Those investigators and the MSP mandated, and then conducted, LEOBOR interrogations. In fact, the MSP gave a written order to a trooper, commanding appearance and full cooperation with the investigation and requiring truthful answers of all questions. In Fraternal Order of Police Montgomery County Lodge 35, Inc. v. Manger, 175 Md. App. 476, 502 (2007), the Court of Special Appeals (CSA) defined investigation as “a detailed examination; a searching inquiry; to observe or study closely.” In this case, the investigators’ “review,” regardless of the label attached, was an LEOBOR investigation that could have led to administrative disciplinary sanctions. The Governor’s website referenced the “State Police Investigation Announcement” (emphasis added) to investigate the MSP’s 14-month covert operation. The investigators stated that the MSP would cooperate fully in the “inquiry.” The AG stated: We expect people in Government, . . . the police involved and others, to be forthright and candid. And we will learn what happened and at the end of the day we’ll know exactly what happened and if any laws were broken. Again, we do not know that is the case now, that any laws were broken, but this is in an effort to make that determination. The investigators stated in a letter to counsel for the MTA that the reason for the “review” was to “ensure that MSP’s intelligence gathering activities do not infringe the constitutional rights of Maryland residents and are otherwise consistent with the law.” (emphasis added). Because the MSP can only act through human beings, if the covert operation was contrary to the law, then one or more individuals violated one or more criminal laws and/or violated one or more administrative disciplinary rules and regulations. As such, there was potential criminal prosecution and/or administrative discipline. A letter from the investigators stated that they had no intention of bringing administrative disciplinary charges. Presumably, the Governor, his designees, the AG, and his designees lack the authority to bring administrative or criminal charges. Thus, the issue was whether, in light of the results of that investigation, the MSP, its Legal Counsel Unit (LCU), its Internal Affairs Unit (IAU), and/or its Commanders would file administrative disciplinary charges or take adverse personnel action. (page 31→)

Continued from page 30

Counsel for the MTA asked whether the MSP Superintendent, MSP IAU, or MSP LCU would similarly verify, in writing, that they too would, under no circumstances, take administrative disciplinary action, either formally by way of Form 181 or informally by way of adverse personnel action, e.g., a transfer. Counsel for the MTA stated that, without such guarantee, the LEOBOR applied. Interrogation Triggers the LEOBOR The MSP gave a trooper a written order, commanding the trooper “to answer all questions posed.” The law is clear that the trooper was being interrogated within the meaning of the LEOBOR. Questions constitute interrogation, and interrogation is the process of questioning. Dictionaries, statutes, and case law all equate questioning and interrogation. “Interrogation” is “[t] he formal or systematic questioning of a person.” Black’s Law Dictionary 838 (8th ed. 1990); accord American Heritage Dictionary of the English Language 916 (4th ed. 2006) (“Interrogate: To examine by questioning formally or officially”); Merriam-Webster Online Dictionary (2008) (“Interrogate: to question formally and systematically”). LEOBOR § 3-104(h) implicitly defines interrogation as “questioning,” when it provides: “(h) Conduct of interrogation. – (1) All questions directed to the law enforcement officer under interrogation shall be asked by and through one interrogating officer during any one session of interrogation . . .” (emphasis added). See, e.g., Rhode Island v. Innis, 446 U.S. 291, 300-02 (1980 (interrogation means questioning); Drury v. State, 368 Md. 331, 337 (2002) (interrogation when “brought in for questioning”); Argueta v. State, 136 Md. App. 273, 284 (2001) (“What are you doing with this?” was interrogation). Whenever there is interrogation, all of the protections of the LEOBOR apply. These procedural guarantees include, among others, (1) a written statement regarding the nature of the investigation; (2) only one questioner; (3) the right to counsel present during the questioning, with unlimited consultation; (4) the right of counsel to request a recess for consultation and to make objections on the record; and (5) a verbatim transcript of the session. See Ocean City Police Department v.

Marshall, 158 Md. App. 115, 123 (2004). The specific LEOBOR code sections are as follows: LEOBOR § 3-104(d)(2) provides that “[b]efore an interrogation, the law enforcement officer under investigation shall be informed in writing of the nature of the investigation.” Id. at 128 (“must advise the officer as to the nature of the investigation, not just the existence of an investigation”). LEOBOR § 3-104(h) provides that “[a]ll questions . . . shall be asked by and through one interrogating officer . . .” LEOBOR § 3-104(j)(1)(i) provides that “the law enforcement officer under interrogation has the right to be represented by counsel . . . who shall be present and available for consultation at all times during the interrogation.” LEOBOR § 3-104(j)(3) provides that “[d]uring the interrogation, the law enforcement officer’s counsel may: (i) request a recess at any time to consult with the law enforcement officer; (ii) object to any question posed; and (iii) state on the record outside the presence of the law enforcement officer the reason for the objection.” LEOBOR § 3-104(k)(1) provides that “[a] complete record shall be kept of the entire interrogation . . .” Unless there is full compliance with the LEOBOR, any order to answer questions is a nullity. Without those protections, the trooper can demand compliance with the LEOBOR. The MSP cannot discipline, or threaten discipline, when the trooper “exercise[s] or demand[s] the rights granted by [the LEOBOR].” LEOBOR § 3-103(d). Fifth Amendment Protection of Officers Being Interrogated: Garrity, Gardner, & Kastigar In the 1960’s, the Supreme Court provided greater protection for citizens whose Fifth Amendment rights were being violated by police. However, there was nothing to protect police officers from having their Fifth Amendment rights violated by their agencies. For rank-andfile officers, the dilemma was that the “cops” and the “bosses” were the same people, and they were simultaneously subjected to criminal and administrative disciplinary investigations. In Garrity v. New Jersey, 385 U.S. 493 (1967), the Supreme Court struck down state laws that mandated waiver of Fifth Amendment rights as a condition of becoming a law enforcement officer.

The Court made clear that police officers have no greater – but no lesser – Fifth Amendment protection than other citizens. The next year, the Supreme Court decided Gardner v. Broderick, 392 U.S. 273 (1968), in which a police office, subpoenaed to testify before a grand jury, was informed that if he did not waive the right to remain silent, and did not waive immunity from prosecution, state law permitted him to be terminated. The officer refused to waive his rights and was terminated. The Supreme Court held that the unsuccessful attempt to coerce a statement was just as unconstitutional as the successful attempt. The Court indicated that, if the officer is provided immunity, the officer’s failure to answer questions narrowly tailored to official duties could result in termination. The holdings and dicta of Garrity and Gardner made the law as follows: (1) if a police agency does not provide immunity, an officer’s statement given under threat of adverse personnel action is unconstitutionally coerced; (2) if a police agency does not provide immunity, the agency’s taking, or threatening to take, adverse personnel action, in response to the assertion of Fifth Amendment rights, has an unconstitutional chilling effect on the Fifth Amendment; (3) if a police agency does grant immunity, but the officer still refuses to answer questions narrowly related to official duties, the officer may be terminated; and (4) if a police agency does grant immunity, and the officer answers questions narrowly related to official duties, the officer may be terminated if the answers so justify. Four years later, in Kastigar v. United States, 406 U.S. 441 (1972), the Supreme Court established the constitutional immunity standard as “use and derivative use” immunity. Thus, if an officer were granted immunity, the officer could still be prosecuted, but the prosecution could not use the officer’s statement or anything that derived from the officer’s statement. Because Garrity and Gardner were pre-Kastigar, they had not addressed how immunity

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would work for police officers under investigation. Fifteen years after Garrity, Gardner, and Kastigar, there were three different understandings throughout the country of the meaning of this trilogy of cases. Neither management, nor rank-and-file, understood, with any certainty, what were the rights of police officers. I was aware of the dilemma because I provided, on numerous occasions, inservice training for both rank-and-file and management. Understanding #1: Did immunity, under Kastigar, require the agency to give, to law enforcement officers, a formal grant of use and derivative use immunity as a predicate to requiring the officer to answer questions? Understanding #2: Did immunity, under Kastigar, require the agency to give, to law enforcement officers, Mirandalike warnings as a predicate to obtaining a statement? Understanding #3: Is immunity, under Kastigar, self-executing for law enforcement officers, as a consequence of the Supreme Court holdings in Garrity and Gardner, such that whenever the officer is required to give a “duress” statement, i.e., must answer questions, the officer automatically has immunity, and the statement may not be used in a criminal proceeding? My Law Review Article & Aguilara v. Baca In 1987, I authored an 86-page law review article, titled The Law Enforcement Officers’ Privilege Against Compelled Self-Incrimination, 16 U. Balt. L. Rev. 452 (1987). In the article, I argued that the Supreme Court should resolve the dilemma created by multiple understandings of Garrity/Gardner/Kastigar. In 1992, I testified in Congress on the need for a national LEOBOR. However, the Supreme Court has not granted certiorari on this issue, and Congress has not enacted a national LEOBOR. Last summer, I received a call from Professor Michael Sturley from the University of Texas School of Law, where he directs the Law School’s Supreme Court Clinic. He explained that he had a case that “was my 1987 article.” His case, Aguilara v. Baca, involved four Los Angeles deputy sheriffs who were subjected to administrative disciplinary

32 South Carolina Trooper

sanctions as “punishment” for asserting Inconsistency among Police Agencies their Fifth Amendment privilege against & Courts on Garrity/Gardner/Kastigar compelled self-incrimination. In response According to the Department of Justice, in to the negative personnel action imposed 2004, there were 836,787 full-time federal, on them, they sued for violation of their state, and local sworn law enforcement Fifth Amendment privilege against officers in 17,876 law enforcement agencies. compelled self-incrimination. They lost Every day, agencies and officers confront on summary judgment in the United allegations from a superior officer, a States District Court for the Southern citizen, or another agency, triggering both a District of California. The United States criminal investigation and an administrative Court of Appeals for the Ninth Circuit investigation. If, for example, there is an allegation of brutality or excessive force, affirmed the District Court (2-to-1). Professor Sturley and others prepared if evidence is missing, or if corruption or a Petition for Writ of Certiorari (Certiorari bribery is alleged, such allegation could Petition), asking the Supreme Court to result in a criminal prosecution and/ take the case to address the following or administrative discipline, including issue: “Does a public employer violate termination. Most police agencies do not give a its employees’ Fifth Amendment rights by punishing them for their refusal formal grant of immunity. They simply to provide potentially incriminating inform the officer that questions must be testimony in an internal investigation answered. If the officer refuses to answer when it did not provide notice that the questions, the officer is terminated. A testimony could be used against them in claim by the officer that he or she is not criminal proceedings and that they would required to answer questions because the therefore be subject to administrative agency did not give immunity is met with either the position that (1) no formal grant discipline if they did not testify?” Professor Sturley asked me to prepare of immunity is required under Garrity/ an Amicus Petition. There has been a trend Gardner/Kastigar, or (2) if immunity is in recent years in which a law professor required to be given, it was automatically who authored an important article, afforded when the agency made the officer particularly if it is the seminal article in give a statement under “duress.” Some agencies do not provide a formal the area, submits an Amicus Petition, as a “friend of the Court,” explaining why grant of immunity, but they provide, by the topic was important enough for a law statute, regulation, or custom and usage, review article and explaining why this Miranda-like warnings. Miranda-like important issue needs to be addressed by warnings inform the officer that, under the Supreme Court. I prepared and filed Garrity, the agency may neither use the officer’s statements in a criminal an Amicus Petition. Twelve days after I filed the Amicus proceeding, nor any evidence that is The Petition, the Supreme Court issued a “Call derived from such statements. for Response” (CFR), instructing the law warnings typically include the fact that, enforcement agency to submit a response because such evidence may not be used in as to why the Court should not grant the a criminal proceeding, the officer may be Certiorari Petition. The CFR also had the terminated for failing to answer questions effect of providing an additional 30 days narrowly related to official duties. for additional Amicus Petitions. Professor Many agencies neither give a formal Sturley and I persuaded numerous law grant of immunity, nor give Miranda-like enforcement organizations to join in a warnings. Instead, they take the position second Amicus Petition. The Amicus that they are required to do nothing because, Petitioners included, among others, the under Garrity, the agency cannot use any MTA. We then made it to the next level, statement, or the derivative of any statement, as the Supreme Court scheduled our case in a criminal proceeding, As such, they for “conference.” Only about 225 cases argue that the officer is deemed to know the are “conferenced” annually, and only law, and that law contains self-executing about 75 Certiorari Petitions are granted. “use and derivative use” immunity. As such, Unfortunately, on November 3, 2008, if the officer, immunized as a matter of law, the Supreme Court denied certiorari in refuses to answer questions, the officer may be immediately terminated. (continued on 35) Aguilara v. Baca.

33 South Carolina Trooper

TROOPERS ON THE MOVE Promotions

Transfers (continued)

LT Clifton B. Hughes, Troop 1, promoted to Captain effective 05/17/09.

SGT Stacy A. Craven, Troop 3, Post A (Anderson) transferred within Troop 3 to Post B (Oconee/Pickens) effective 04/17/09.

LT Robert I. Lee, Patrol HQ (MAIT) promoted to Captain effective 06/17/09.

L/CPL John D. Owens, ACE Team transferred to Troop 3, Post D (Spartanburg) effective 05/17/09.

LT Jo-Nathan Nell, Troop 5, promoted to Captain effective 05/17/09. SGT David W. Yongue, Troop 2, Post B, promoted to Lieutenant effective 06/02/09. CPL John P. Harrison, Troop 4, Post C (Chester/Fairfield) promoted to Sergeant and transferred within Troop 4 to Post D (Chesterfield/Lancaster) effective 05/17/09. CPL Christopher M. Shelton, Troop 1, Post C (Lexington) promoted to Sergeant effective 05/17/09. L/CPL Mark C. Caldwell, Troop 4, Post D (Chesterfield/ Lancaster) promoted to Corporal effective 05/17/09. L/CPL John M. Lillard, Troop 7, Post C (Aiken) promoted to Corporal effective 05/17/09 L/CPL Christopher R. May, Troop 2, Post A (Laurens/ Newberry) promoted to Corporal effective 05/17/09. L/CPL Nelson A. Tart, ACE Team, promoted to Corporal effective 05/17/09.

Transfers

SGT Michael A. Burgess, Troop 4, Post D (Chesterfield/ Lancaster) reassigned to Patrol Communications (Headquarters) effective 05/02/09.

S/TPR Randy L. Quinn, Jr., Troop 4, Post B (York) transferred within Troop 4 to Post A (Cherokee/Union) effective 04/03/09. TPR Daniel E. Conklin, Troop 3, Post C (Greenville) transferred to Troop 5, Post D (Horry) effective 06/17/09.

Separations L/CPL Jack O. Holcombe, Troop 3, Post C (Greenville) retired effective 06/30/09. L/CPL Gregory Means, Troop 1, Post D (Richland) resigned effective 06/22/09. TFC Cale S. Lang, Troop 6, Post A (Berkeley/Charleston) resigned effective 06/02/09. TFC William P. Lott, Troop 7, Post C (Aiken) resigned effective 06/02/09. S/TPR John S. Dawson, Troop 6, Post A (Berkeley/Charleston) resigned effective 7/4/09. TCO Robbin L. McDonald, TCC (Spartanburg) resigned effective 7/12/09. ▲▲▲

Persimmon Hill Golf Club is proud to be a sponsor of the SCTA! Persimmon Hill Golf Club is located in Saluda, SC. Club owners Danny Tidwell and Jerry Holmes, along with General Manager Chris Cason, are longtime supporters of the South Carolina Highway Patrol. As an incentive for you to visit our course, we are now offering all SCTA Members in good standing a substantial discount on greens fees. (*restrictions apply) • Please call us ahead for tee time, rates, and course information-(803) • • •

•

275.3522 Offer is for SCTA members in good standing; non-member guest(s) should expect to pay full price Valid SCTA Membership Card must be presented Proper golf attire required

Offer may not be available around holidays and special events such as Masters’ Week.

34 South Carolina Trooper

continued from page 32

Garrity Confusion #1 When does Garrity apply? Garrity does not apply solely because a higher ranking police officer says something to a lower ranking officer that ends with a question mark. Most agencies believe that Garrity is only triggered when the lower ranking officer is required to answer, i.e., give a statement under “duress.” Police officers work in a paramilitary environment. When dealing with a higher ranking officer, there is always the fear of a charge of insubordination or failure to obey an order. Therefore, lower ranking officers are hesitant to force the issue. Let’s assume that a lower ranking officer answers a question, provides incriminating information, and is terminated. The agency may argue that Garrity was never triggered. By analogy to Miranda, the suspect argues that he was interrogated without the benefit of Miranda, and the police argue that the suspect made a “blurt out” not implicating Miranda. This scenario becomes more confusing in a jurisdiction that takes the position that there is no requirement to provide Garrity warnings because Garrity immunity is self-executing. Even if Garrity is self-executing, and even if every officer is deemed to know that, when factually is Garrity triggered? Garrity Confusion #2 Some case law implies that, of all people, police officers should not be “standing on legal technicality.” Moreover, this attitude exists in law enforcement agencies. If there is an allegation of police brutality or excessive force, or if drugs are missing from the evidence room, or if there is an allegation of corruption or bribery, the last thing that a police agency wants to tolerate is an officer who wants to assert constitutional rights. As an attorney, I know that it is sometimes more difficult to represent police officers than common criminals. A common criminal has no internal conflict on whether to assert constitutional rights. However, police officers have spent a career believing that only “bad people” stand on their constitutional rights. Thus, an accused officer is frequently reluctant to assert constitutional rights. This dilemma is more complicated when both the agency and the officer are unsure which of multiple understandings of Garrity is the real Garrity.

Garrity Confusion #3 In almost all situations, polygraph evidence is inadmissible. Nonetheless, by custom and usage and, in many states, by statute, police agencies may, for any reason or no reason, subject officers to polygraph examinations and make employment decisions based on the results. Thus, if an officer wishes to assert his constitutional privilege against compelled self-incrimination, the officer is often required to submit to a polygraph exam, with the results of the test dictating the results of the personnel action. Thus, the officer who is not compelled to answer questions orally or in writing may be compelled to answer questions on a polygraph exam. In effect, police agencies may do to their own officers what the rules of evidence forbid them to do to citizens – give them a polygraph test and punish them for failing. Garrity Confusion #4 Let’s assume that a police officer, under administrative investigation, is not given immunity, is asked questions, refuses to answer, and is terminated. Under Gardner, it is unconstitutional for the police agency to take, or threaten to take, adverse personnel action to punish an assertion of the Fifth Amendment privilege against compelled selfincrimination. Alternatively, under the Gardner dicta, the officer could be terminated for failing to answer questions, if provided immunity. The problem is to determine (1) whether immunity is automatic and self-executing, (2) whether immunity requires Mirandalike warnings, or (3) whether immunity requires a formal grant of immunity. Maryland’s LEOBOR Contains SelfExecuting Garrity Rights & Immunity Seven years after Garrity, in 1974, Maryland became the first state in the nation to enact an LEOBOR. Maryland’s LEOBOR incorporated Garrity into the statute, adopting Garrity Understanding #3, meaning that immunity, under Garrity/ Gardner/Kastigar, is self-executing. The LEOBOR provides: “The law enforcement agency may order the law enforcement officer under investigation to submit to . . . interrogations that specifically relate to the subject matter of the investigation.” LEOBOR § 3-104(l)(1). “If the law enforcement agency orders the law enforcement

officer to submit to . . . interrogation . . . and the law enforcement officer refuses to do so, the law enforcement agency may commence an action that may lead to a punitive measure as a result of the refusal.” Id. § 3-104(l)(2). “If the law enforcement agency orders the law enforcement officer to submit to . . . interrogation . . . the results of . . . the interrogation are not admissible or discoverable in a criminal proceeding against the law enforcement officer.” Id. § 3-104(l)(3). Consistent with the dictates of Garrity and Gardner, (1) the MSP may order questions to be answered; (2) the results are inadmissible in a criminal proceeding against the officer; and (3) because the results are inadmissible, the officer may be subjected to administrative discipline for the failure to answer. In fact, Maryland’s LEOBOR goes beyond the constitutional minimum, by providing that “the results . . . of the interrogation are not . . . discoverable in a criminal proceeding against the law enforcement officer.” Officer Involved Shootings, Garrity, the LEOBOR, & the MSP For troopers, the situation in which theses issues most come together is when there is an officer-involved shooting. This includes when the trooper fires and hits some one, fires and misses, or does not fire, but another trooper on the scene fires. If any of those events occur, the trooper should immediately call 1-800-WARNKEN (9276536). Within two minutes, the trooper will speak live with an MTA attorney. Regardless of where the trooper is, that attorney will immediately come to the trooper. The trooper should not speak with anyone until the attorney arrives. If necessary, the attorney will remain on the line during the entire time until that attorney meets with the trooper. Despite society’s perception that cops are macho, an officer-involved shooting can be a very traumatic experience, particularly if the trooper’s weapon fired the bullet that resulted in death. In such circumstances, there are various possibilities – a “good shooting” with no administrative charges and no criminal charges, administrative disciplinary charges but no criminal charges, and criminal charges. When involved in a shooting, all law enforcement officers should be cautious and assume that their agency (or any other agency investigating the shooting) (continued on page 36)

35 South Carolina Trooper

is not on their side. Unfortunately, the recent position taken by the MSP regarding officer-involved shootings has not always been consistent with the law. Regarding LEOBOR, the MSP would like to speak with the trooper as soon as possible. At that time, it is most likely that – despite what the trooper thinks – the trooper is not emotionally prepared to provide a detailed accounting. The MTA attorney will usually schedule an LEOBOR interrogation with IAU for a later time. The MSP has been reasonable on this point. Regarding Garrity, in two recent shootings, the MSP has been as reasonable. The MSP has refused to provide Garrity and has asserted that it is not ordering the trooper to tell what happened. There is no reason for the MSP to refuse to provide Garrity, other than to keep open the option of bringing criminal charges. Even if the MSP provides Garrity, criminal charges may still be filed, but the State may not use, in a criminal proceeding, any statement that the trooper provided under Garrity. Following recent shootings, the MSP has refused to order a statement, but has invited the trooper to talk. It is this Firm’s experience that troopers feel a subtle pressure to talk. Troopers should not do that. Instead, troopers should make it clear that they will be happy to fully explain to the MSP exactly what happened, but only

36 South Carolina Trooper

if the MSP assures the trooper that, in the event that a prosecutor elects to prosecute, the trooper’s statement may not be used in that criminal prosecution, i.e., the MSP must provide Garrity/Gardner/Kastigar rights. Otherwise, the trooper is in a pre-1967 scenario, meaning that the trooper, as a law enforcement officer, must recognize the Fifth Amendment rights of the “bad guy” being investigated, but the MSP is not recognizing the Fifth Amendment rights of the trooper. Although criminals have no problem standing on their constitutional rights, law enforcement officers sometimes have problems asserting their constitutional rights because they “buy into” the mentality that the only guilty people stand on their constitutional rights. I assure every client that the Constitution is equally applicable to the innocent and the guilty. Bottom Line Recommendations (1) Always tell the truth. Lying about something that can result in three days loss of leave produces a false statement that can result in termination. (2) Never waive the statutory privileges of the LEOBOR. If a member of IAU or any commander, or their designee, wishes to talk with a trooper – formally or informally; in person, in writing, or by email – about anything that could possibly result in administrative discipline, the LEOBOR applies. Almost any conduct can come

within the generic “failure to do right,” i.e., conduct becoming. The LEOBOR provides ten days to obtain counsel. Troopers should not discuss the incident until they have obtained counsel. (3) Never waive the Fifth Amendment rights under Garrity/Gardner/Kastigar. Give the MSP everything to which it is entitled. If there has been an officerinvolved shooting, there is always the possibility of criminal charges. The MSP is not entitled to the officer’s statement, unless the MSP provides immunity, contained in both Garrity/Gardner/Kastigar and in the LEOBOR, to the effect that anything that the trooper says may not be used in a criminal prosecution or even be discoverable. If the MSP refuses to provide the trooper with his or her constitutional rights, yet tries to persuade the trooper to waive those rights, by “inviting” the trooper to talk, without constitutional or statutory protections, the trooper should respectfully decline that request. Instead, the trooper should state that he or she respectfully asserts all rights provided by the United States Constitution and the Maryland Law Enforcement Officers’ Bill of Rights – and immediately call 1-800-WARNKEN (927-6536). Editor’s Note: This article has been reprinted with permission from Byron L. Warnken

In Loving Memory TFC Andrew D. McInville 1983-2009

37 South Carolina Trooper

38 South Carolina Trooper

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SCTA News Briefs New Eﬀort to Assist Our Brothers and Sisters in Law Enforcement with An Age-Old Issue You know it. I know it. We all know it. We all know a friend or co-worker in law enforcement who wrestles with an addiction to alcohol or prescription drugs. We know it, yet we are baffled about the best way to help these officers. The purchase and consumption of alcohol off-duty is not against the law. Yet, over the years, we have watched our friends become captives to the power of alcohol addiction. We know officers who started taking pain killers for an injury and now we fear the worst. What a sad state of affairs when that addicted friend loses his family, his job or even his life. We are left wondering: “Did I do what I could do to help my friend find his way (her way) out of this hell-on-earth called addiction?” Starting in the Fall of 2009, a new group is forming in the Midlands for police officers who need help and who want to help others. Based on the Lawyers-Helping-Lawyers Model, this will be a peer-based group run by cops……for cops. The group will gather on a regular basis for the purpose of supporting officers as they find a pathway out of their addiction. The meeting site will be the South Carolina Sheriffs’ Association, 112 Westpark Blvd, Columbia, SC 29210. This group is open to all sworn officers (local, state, and federal officers, active and retired). If you would like more information on this program and information on specific meeting times and dates, please contact SGT Ricky Grubbs (SCHP) at 803-360-8005 or email him at rdgrubbs@schp.org.

Do you have news, news photographs, etc., that you would like to share with other members of the SCTA ? If so, please send them via e-mail to editor@sctroopers.org.. editor@sctroopers.org Photographs may be mailed to EDITOR, c/o SCTA Office; 4961 Broad River Road, Columbia, SC 29212. All originals will be sent back to the sender, if requested.

40 South Carolina Trooper

SCTA Member Recognized by National Organization On May 12, 2009, L/CPL Bob Beres (HQ) was recognized by the National Association of Police Organizations (NAPO) as an Honorable Mention Award at the TOP COPS Award Ceremony. The ceremony was held in Washington, DC, and Beres was one of 35 Honorable Mentions representing 25 states and federal agencies. The TOP COPS Awards® pay tribute to law enforcement officers from across the country for outstanding service to their communities during the preceding year. The TOP COPS® were nominated by fellow officers and selected from hundreds of nominations by an independent Awards Committee. The Awards Committee chooses one winning case from each state, U.S. territory and the District of Columbia. From among those cases, the top ten become TOP COPS® and the remaining cases become Honorable Mention award winners. NAPO, a national law enforcement group, represents over 241,000 sworn law enforcement officers from 1,000 police associations and units across the country. Based in Alexandria, Virginia, NAPO fights for the rights of law enforcement officers through federal legislation, legal advocacy, y, and education.

On July 21, 2009, L/CPL & Mrs. T.U. Millhouse (RET) celebrated their 49th wedding anniversary.

SCTA News Briefs South Carolina’s Finest Among Law Enforcement Officers Recognized During Ceremony

On May 6, 2009, a memorial service was held at the South Carolina Criminal Justice Academy to recognize law enforcement officers who passed away or were killed in the line of duty in 2008. Three names, including South Carolina Highway Patrolman, Lance Corporal James. D. Haynes, II, (EOW February 2, 2008), were added to the wall of the South Carolina Law Enforcement Officers Hall of Fame. Congratulations to Retired Corporal James Eugene Reese (ACE Team) on his marriage to Anna Maria Overton on April 25, 2009. The wedding ceremony took place at the House of Praise Worship Center in West Columbia ,SC.. CPL Reese retired from the Highway Patrol and is now an ordained minister of the gospel and is also an investigator with the Richland County Medical Examiners office.. He also has been hosting a World Wide Christian Radio Ministry since August 2007. Reese’s family has a long-standing tradition of serving the South Carolina Highway Patrol. His brother, CPL J.T. Perry, (Troop 4), his late father, F/SGT J.D. Perry (Troop 3), and his uncle, L/CPL C.H. Perry (Troop 1), all retired from the SCHP.

On January 19, 2009, CPL & Mrs. R.S. Blair (Troop 1), welcomed a baby girl, Emily Grace, into the world. Emily was 9 pounds, and joins big brother Durham.

On February 17, 2009, TPR & Mrs. Marshall Burns (Troop 4) welcomed a baby girl, Charlotte Elizabeth, into the world. Charlotte weighed 6 lbs, 11 oz., and was 18 inches long.

Birth Announcements

♥ On June 18, 2009, S/TPR & Mrs. J.F. Conley (Troop 6), welcomed a baby boy, John F. Conley, IV, into the world. He was 7 lbs, 14 oz. z. ♥ On June 25, 2009, TFC & Mrs. Roger B. Brock, Jr. (Troop 7), welcomed a baby boy, Cooper Davis, into the world. Cooper was 8 lbs., 12 oz.. ♥ On July 4, 2009,TPR & Mrs. Brandon S. Brooks (Troop 6), welcomed a baby boy, Benton Scott, into the world. He was 4lbs., 7 oz. ♥ On July 9, 2009, S/TPR & Mrs. Charles H. Breland III (Troop 7), welcomed a baby boy, Charles H. Breland, IV, into the world. He was 8 lbs., 7 oz. ♥ On July 12, 2009, TPR & Mrs. J.L. Hoffer (Troop 2), welcomed a baby girl, Julia Addalyn, into the world. Julia was 7 lbs., 8 oz. ♥ On July 16, 2009, TFC J.B. Oxandaboure (Troop 1) welcomed a baby girl, Aimee Grace, into the world. Aimee was 8 lbs., 1 oz. ♥ L/CPL & Mrs. C.M. Wooten (Troop 6) recently welcomed a baby girl, Reagan, into the world. Reagan weighed 7 lbs., 14 oz.

41 South Carolina Trooper

SCTA News Briefs TROOP FIVE LAUNCHES DUI TEAM IN 2008 The Troop 5 Post DUI Enforcement Team was initiated assigned to the Post D DUI Enforcement Team to work 1800 hours to 0600 February 8, 2008. hours on the This three man Total DUI Cases by Total Number of Year opposite days team was assigned Entire Post Fatalities of the original to work 12 hour 2004 459 64 three. This shifts on the would allow regularly assigned three Troopers work days. The 2005 513 64 to focus on DUI hours of duty e nforcement were 1800 hours 66 2006 545 almost every to 0600 hours. day of the During the first 2007 715 88 week. During quarter of 2008, the first quarter this three man 1273 2008 48 of 2009, the DUI enforcement six Troopers team made 128 on the DUI cases for DUI. Enforcement During this same January 1-March 31 Total DUI Cases by Entire Post Team made quarter, the other 200 cases for 46 Troopers 2004 102 DUI. The other assigned to Post D made 144 DUI 42 Troopers 2005 120 assigned to Post cases. The total D made 147 number of DUI 2006 114 cases for DUI cases for this 2007 138 during this same quarter was 272. time period. On June 1, 2008 272 2008, three more 2009 347 Troopers were

42 South Carolina Trooper

SCTA News Briefs On February 2, 2009, Lieutenant Ted Strickland (Troop 6) retired from the South Carolina Highway Patrol after 36 years and eight months (but who’s counting!). A retirement dinner was held on May 2, 2009, in LT. Strickland’s honor at Norfolk Southern’s Bronsan Forest. In addition to serving the SCHP, LT Strickland also served on the SCTA Board of Directors from 1988-1999.▲▲

The FBI reports that identity theft has now become the fastest growing crime in the US with over 27,000 victims every day! The South Carolina Trooper Association has partnered with the PSBA in offering its members the Identity Theft Shield for less than 50 cents a day! This service provides you a copy of your Experian credit report, monitors your credit 24 hours a day, and provides identity restoration if you are ever a victim! The plan provides coverage for SCTA members and their spouse and provides identity restoration in all forms of identity theft including medical, credit, criminal, character, employment, and drivers license fraud. The average identity theft victim spends over 600 hours and over $1500 in the process of restoration. This new benefit can save you both time and money! For more information on the Identity Theft Shield benefit contact:

Jim Carter Certified Risk Management Consultant

Phone: 803-463-3935 Email: jim.carter@psbanow.com

Your Identity is Your Business—Protecting it is Ours! 43 South Carolina Trooper

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To order any of the pictured merchandise, or to see more merchandise available at the SCTA Store, visit us at www.store.sctroopers.org. If you have specific questions about colors, sizes, etc., simply send an e-mail to store@sctroopers.org or call us toll-free at (800) 6332236, ext. 13. The store is open Tuesday-Friday and is closed on Mondays. Online shopping is available 24 hours a day, 7 days a week. A handling fee of $3 will be added to all mail orders, in addition to shipping charges. All packages are shipped via USPS First Class mail, unless other arrangements are made with the SCTA Store. Zippered Portfolio

Portfolio

44 South Carolina Trooper

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ATTENTION RETIRED SCHP TROOPERS! Show your SCHP pride with a custom Retired Trooper License Plate! We are in the process of trying to get a Retired Trooper license plate exclusively for retired SCHP Troopers. If you are interested in one of these plates, the cost will be approximately $90 for two years (biennial fee plus special plate fee). Contingent upon interest and approval of the plate design by the South Carolina Department of Motor Vehicles, there must be at least 400 prepaid applications to proceed. If you are interested in one of these plates, please complete the form below and mail it to the following address: SCTA OFFICE ATTN: LICENSE PLATE 4961 BROAD RIVER ROAD COLUMBIA, SC 29212

If you have access to e-mail, you may send the requested information to office@sctroopers.org. You may also fax this form to 803.772.1125.

Â&#x2026;I am definitely interested in the Retired SCHP Plate Â&#x2026;I am possibly interested in the Retired SCHP Plate Rank/Name:

______________________________________________

Address:

______________________________________________

City, State, ZIP:

______________________________________________

Phone Number:

(_______)-__________-__________

E-mail Address _______________________________ (If applicable)

Number of plates requested: _______

***NOTE: The final, approved version of the tag may differ from the one shown below***

45 South Carolina Trooper

Grab your shades, and make a splash with the SCTA this summer! South Carolina Troopers Association’s Annual Picnic When: Saturday, August 29, 2009 Meal served beginning at noon

Where: Myrtle Waves Waterpark Hwy 17 Bypass & Mr. Joe White Ave, Myrtle Beach

Cost: SCTA Members/Dependent Children 3 and up: $15 Kids Under age 3 are free **All guests 3 and older are $30 **Guests under 3 are free **Guests include spouses who aren’t members, grandchildren, companions, friends, etc** Get ready for some “end of summer” fun for the whole family at the SCTA Picnic! Enjoy a splash-packed adventure at South Carolina's largest water park with 20 acres of swerves, curves, waves and chutes and more than one million gallons of water. Beat the Heat in the Lazy River, experience the Ocean in Motion, get drenched on Saturation Station, or catch a ride on Aruba Tuba where you never have the same swirl twice! Bring the entire family for a full day of splash-packed adventure. Special oceanview room rates, beginning at $114.00/night + tax (and $4/day for parking), are being offered at the Embassy Suites at Kingston Plantation in Myrtle Beach (www.kingstonplantation.com) To make your reservations, call the hotel directly, 800.876.0010, and mention the South Carolina Troopers Association rate. All rooms are suites and include a complimentary buffet breakfast and a manager’s reception. The reservation cut-off date is July 29, 2009. If you plan to attend the picnic, please complete, detach and return the bottom of this registration form by August 14, 2009. Registration forms, along with payment, should be sent to SCTA Picnic, 4961 Broad River Road, Columbia, SC 29212. If you have questions, please call the SCTA Office at (800) 633.2236, or send an e-mail to office@sctroopers.org.

-----------------------------------------------------2009 Picnic Registration Form Membership Member Name:

Active

Retired

Associate

Honorary/life

_____________________________________

Spouse Name (if applicable):_____________________________________ Other Attendees:

SCTA Member?

Yes

________________________________

** Guests Include ANYONE OTHER THAN spouses who are members and/or dependent children** I will need the following number of tickets: # ___ Member Adult(s) x $15= $____ #___ Guest(s) (age 3 & up) x 30.00= $___ #___ Dependent children age 3 & up x $15= $___

#___ Guest children under age 3 ____ (no charge)

#___ Dependent Children under age 3 ____ (no charge) Total Attendees ages 3 and over = ___

Total Amt. Enclosed: $_____.00 FOR OFFICE USE:

Total Attendees under age 3 = ___

Check/Money Order #: __________

Date Recd:__________________ Notes:

46 South Carolina Trooper

South Carolina Troopers Association Golf Tournament

Come out and support the SCTA and the National Law Enforcement Museum!

Date:

Monday, August 31, 2009

Time:

Shotgun start at 9:00 a.m.

Location:

The Members Club at Grande Dunes Myrtle Beach, SC

Cost:

$500/team or $125 individual (proceeds will be used to help fund the National Law Enforcement Museum in Wash.., DC)

Registration Fees include: Captain’s Choice, four person team Green and cart fees Range balls Lunch and dinner Prizes Take this opportunity to play golf at the Members Club at Grande Dunes-- design collaboration between PGA Hall of Fame inductee, Nick Price, and golf architect, Craig Schreiner. Discounted room rates will be available at the Marina Inn at Grande Dunes-1.877.913.1333- starting at $109 /night for single occupancy, and also at Myrtlewood Villas- (888) 297-6200-starting at $120/night) When making your reservation, be sure to mention the “SCTA Golf Tournament”. For more information about the tournament, please contact Bunnie Harris at (803) 603.8035 or bharris@sctroopers.org. Registrations and payment must be received by August 10, 2009. Checks should be made payable to “SCTA Golf”, and registration forms may be sent to SCTA Golf, 4961 Broad River Road, Columbia, SC 29212..

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -(DETACH AND MAIL) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TEAM MEMBERS

HANDICAP

TEAM MEMBERS

HANDICAP

Captain: _______________________________________ Player 3: _______________________________________ Captain’s e-mail: ________________________________ Player 2: ______________________________________ Player 4: _______________________________________ Business Affiliation, if applicable: Company Name: ________________________________________________________ Address: ______________________________________________________ Phone: (

)_______-_________________

E-mail: ________________________________________

If you are interested in sponsorship opportunities, please check here:

47 South Carolina Trooper

South Carolina Troopers Association 4961 Broad River Road Columbia, SC 29212 www.sctroopers.org

NON-PROFIT ORG US POSTAGE

P-A-I-D

Columbia, SC

#487

Co m

in g

Have you checked out our online store lately? Go to www.store.sctroopers.org to check out new merchandise, specials, and much more!

48 South Carolina Trooper