Lawrence police chief weighs in on how the department conducts investigations of fellow officers

Lawrence Police Chief Tarik Khatib is pictured in the briefing room at the Law Enforcement Center on Wednesday, Oct. 12, 2016.

Facing questions about the four Lawrence police officers who stepped down over the past three years amid allegations of violence, the department has remained mostly silent.

That silence is largely due to legal reasons, said Lawrence Police Chief Tarik Khatib. More specifically, he is limited on the amount of information he is able to release regarding personnel issues.

“So I am in the unenviable position of not being able to defend myself/department,” Khatib said in a written response to questions. “But sometimes, that comes with the job.”

Most recently, Khatib said he was unable to answer questions about former Lawrence police officer Kyle Owens, who was under investigation for two months after he was accused of attacking a man at a Tecumseh strip club.

Owens’ case and the three others reported by the Journal-World — Frank McClelland, William Burke and Nicolas Simon — have raised questions about internal investigations within the police department, how criminal charges are filed and how an officer can separate his or her employment with the department.

While Khatib maintained he couldn’t address specific cases, he could speak in general terms about how some of those processes work.

When an officer is reported of wrongdoing, Khatib said the conduct may be a violation of the department’s policy, a criminal act or both.

The department investigates reported policy violations and criminal acts separately, Khatib said.

“By policy, we usually wait for the criminal investigation to be complete before we begin an internal investigation,” he said.

Sometimes the investigations can be simultaneous, Khatib added.

“I do this on a case-by-case basis depending on the severity, need for progress, and after an assessment of whether the internal investigation would interfere with the criminal one,” he said.

Just like when accusations are made against civilians, not all criminal investigations result in charges, Khatib said.

Criminal charges were not filed against Owens, Burke or Simon. However, a misdemeanor charge of battery was filed against McClelland.

“Out of an abundance of caution and to ensure accountability, we don’t pass on a criminal investigation if we think there might be something to investigate,” Khatib said.

Investigations, once launched, can be conducted within the Lawrence Police Department or by an outside agency, Khatib said. Sometimes both internal and external investigations can be launched.

“With the exception of officer-involved shooting cases, which I agree should include outside investigation/assistance, the decision to have internal or external investigators, again, is situational,” Khatib said.

Khatib asked Shawnee County Sheriff Herman Jones to investigate accusations that Owens battered a suspect he was arresting for a warrant.

In Burke’s case, when he was accused of beating, choking and locking another officer naked inside a dog kennel, there was no indication LPD sought an independent investigation.

When McClelland was accused of sweeping the legs out from under an uncooperative suspect and punching him in the face multiple times, Khatib asked the Douglas County Sheriff’s Office to investigate.

It is not clear whether Simon was investigated internally or externally when he was accused of covering up a woman’s mouth, pushing her head into a wall and submitting a false report to LPD’s dispatch.

The department conducts between 10 and 20 personnel investigations each year, not all of which are criminal in nature, Khatib said.

“It would be very difficult to ask another agency to do all of them,” he said. “Most departments are very busy themselves and don’t have the staff to send another jurisdiction with that frequency.”

One advantage of conducting internal investigations, Khatib said, is a familiarity of the department’s policies and procedures, culture and expectations.

Often, external investigations can take much longer than internal ones, Khatib said.

Once a criminal investigation is completed, the results are given to the prosecutor, who will decide whether or not to file charges, Khatib said.

“I and the department do not weigh-in on the decision of whether to charge an officer,” he said. “We also do not suggest nor enter into any agreements that involve amnesty on charging in exchange for the resignation of an officer.”

Burke, who is currently suing the city in federal court, claims after he was arrested, a supervisor called his attorney saying he would be given a “favorable disposition” regarding criminal charges if he were to step down.

Both the city and Douglas County District Attorney Charles Branson deny that allegation.

If an officer leaves the department, the separation can take a number of different forms, Khatib said.

“When there are serious allegations, it may be necessary to relieve the officer from duty,” he said.

As a way of offering the officer due process, sometimes they are placed on paid leave for the duration of the investigation, Khatib said.

“If it is something minor that would most likely not result in major discipline, officers are not usually placed on leave,” he added.

“While the investigation is on-going, some officers have chosen to resign,” Khatib said. “At other times, after the investigation and faced with a likely coming termination, officers may resign.”

And sometimes the process is completed and the officer is fired, Khatib said.

Burke, McClelland, Owens and Simon all resigned their positions.

Burke, McClelland and Owens remain certified to work as police officers in the state of Kansas, though only Owens is doing so. Simon’s certification to work as a police officer was revoked in 2015.