Deputy in slap video is charged, steps down
Longtime lawman arraigned on
misconduct, harassment charges
By Lauren Stanforth
A Saratoga County sheriff's
sergeant abruptly resigned Monday as he was charged with official misconduct
and harassment after a video was posted on the Internet over the weekend that
purportedly captured him slapping a man whose car he wanted to search.
Sheriff Michael H. Zurlo said
his office began an investigation into the actions of Sgt. Shawn R. Glans
immediately after they learned the video was posted on the department's
Facebook page around 9 p.m. Friday. The video shows Glans demanding to search
the vehicle of a young man, Colin Fitch, who was standing next to the deputy in
the parking lot of a Wal-Mart store in Halfmoon. Fitch refused to consent to
the search as Glans peppered him with expletives and said they could get a
search warrant if he didn't turn over his keys.
Glans grows increasingly
agitated during the encounter, which was being secretly filmed by Fitch's
friend Adam Roberts, who was standing next to the pair. "You want to
(expletive) resist?" Glans tells Fitch as the deputy steps toward him and
the video captures a loud slapping sound. The video camera was pointed downward
at the time of the alleged strike. Glans then grabs Fitch's keys, throwing them
to another deputy. "Search the (expletive) car," Glans tells the
other deputy, who has not been identified.
Zurlo acknowledged Glans struck
the young man. Glans, 48, was arraigned in Halfmoon Town Court on Monday afternoon
on one count of official misconduct, a misdemeanor, and second-degree
harassment, a violation. The charges state that while on-duty and in uniform
Glans "did knowingly commit unauthorized physical acts in seeking to
secure and expedite the search of a vehicle with an intent to benefit
himself," according to court records. The harassment charge says Glans
slapped Fitch "in the back of the head with an open hand."
"His actions both as a
police officer and a sergeant were completely inappropriate," Zurlo said
at a news conference Monday at which he announced that Glans had resigned.
"I am very disturbed. I have zero tolerance for that type of
activity."
Glans, who said he's been a
police officer for 27 years, was immediately suspended after the video surfaced
Friday. Zurlo said the sergeant reported in on Monday morning and then
voluntarily resigned. Glans' attorney, Matthew Chauvin of Clifton Park, said he
didn't know if Glans was informed of the criminal charges against him before he
resigned.
"The video is difficult to
place in the context of the person we know," Chauvin said. "I hope
the 20-plus years he's put into the community doesn't go unnoticed," he
said adding, "There are two sides to every story."
Glans also has worked as a
part-time South Glens Falls police officer. South Glens Falls police declined
to comment on his status with that department.
Glans told the Times Union
Saturday that he was concerned about public safety after seeing the gun in the
car, but that he would have acted differently if he knew it was being
videotaped. "If I had to do it all over again ... I'd probably do the same
thing. If I knew the camera was there, no, because it does look bad," he
said.
The sheriff said an internal
investigation is ongoing regarding the actions of the two other deputies who
were at the scene with Glans but did not intervene as their sergeant allegedly
slapped the young man. Zurlo declined to identify the other deputies. With
Glans' resignation, the internal investigation into his actions is closed,
Zurlo said.
Halfmoon Town Justice Lester
Wormuth granted an order of protection on behalf of Fitch and Roberts that
prohibits Glans from contacting them.
Zurlo said Glans and other
deputies approached the two in the parking lot of the Wal-Mart on Route 9
around 2:30 a.m. Friday after receiving a call of suspicious people parking at
another business and entering woods on Route 236 near the Wal-Mart.
When deputies arrived at the
business on Route 236 the car was gone, but they said they found a vehicle matching
the description in the Wal-Mart parking lot a short time later. Glans saw a
.22-caliber rifle in the car's back seat and wanted to search the vehicle.
After the video captured Glans
allegedly slapping Fitch, Roberts kept filming and can be heard telling Glans
that what just happened was "intense" and he asks the sergeant if he
was going strike him next. The sergeant responded that he could "rip your
(expletive) head off and (expletive) down your neck." Glans is due back in
Halfmoon court on Dec. 9.
Demand Jerry Hyland to come out of the closet and address the murder of unarmed citizen by the Fairfax County cops