NEWARK —
A Newark Division of Police officer who was suspended following an internal
investigation into a serious crash that hospitalized him has had his suspension
partially overturned and reduced by an arbitrator.
According
to the arbitrator’s decision obtained by The Advocate, Officer Michael Trotter
had 24 hours of his 40-hour suspension overturned by an arbitrator. The other
16 hours were reduced to an oral reprimand.
Trotter
had been suspended for multiple infractions related to an Oct. 2, 2012, crash
of his cruiser. The crash occurred around 4 a.m. when Trotter’s cruiser struck
a fire hydrant and pole on Horns Hill Road while Trotter was responding to a
pursuit in the area.
An
internal investigation from November 2012 by the Newark Division of Police
found Trotter had failed to change the data card in his in-cruiser camera,
failed to control his vehicle while responding, failed to use his seat belt
while driving and failed to notify dispatchers that he was responding to the
pursuit with lights and sirens.
The
arbitrator’s decision indicates the police department failed to meet its burden
of proof with regard to the allegations of Trotter not controlling his vehicle,
not wearing his seat belt and failing to notify dispatchers.
The
arbitrator wrote in his decision that “there was no direct evidence to support
the charge of notifying Communications that Grievant was or was not
responding.” Evidence also indicated that Trotter may have been wearing his
seat belt at the time of the crash, but was thrown into the backseat, where he
was found.
Trotter
sustained serious injuries in the crash and had to be flown to a Columbus
hospital.
As a
result of the arbitration, Newark had to reimburse Trotter for wages lost with
the 24-hour suspension.
Safety
Director William Spurgeon said he respects the decision of the arbitrator.
“I’m of
the mind that we had a very serious breach of policy and I attempted to modify
behaviors based on that belief,” Spurgeon said. “The arbitrator felt it was a
minor infraction and thus reduced my corrective actions. It’s neither my
purpose to agree or disagree.”
Jennifer
Trotter, the wife of Michael Trotter, said having the arbitrator’s decision has
been a welcome event for the family.
“It’s a
huge relief,” she said. “We’ve known from the beginning that he didn’t do
anything wrong.”
Jennifer
Trotter said the way the incident was handled by the police department had a
negative effect on her husband as he recovered from his injuries, including a
traumatic brain injury.
“The way
the department handled it made it worse. It made it difficult on his recovery,”
she said.
Michael
Trotter was off duty for six months and then on light duty for three months following
the crash.
Jennifer
Trotter also said credit should be given to a good Samaritan who stopped at her
husband’s crash scene and helped him until additional police and medics
arrived.
“Essentially,
bringing him back to consciousness may have saved some brain injury,” she said.
Spurgeon
said that while the incident was tragic for Michael Trotter and his family, he
hopes it will provide learning opportunities for the police department.
“We
really are trying very, very hard to promote a culture of safety and personal
accountability,” he said. “We will use this opportunity to come closer to the
division I wish to have.”
