Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, November 30, 1993 TAG: 9311300073
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: KAREN BARNES STAFF WRITER
DATELINE: BEDFORD LENGTH: Medium
But Babb, a five-year veteran of the force, said his suspension is designed to deflect some of the intense scrutiny of both Wells' handling of his department's payroll and testimony that deputies drank on duty.
Babb and two other deputies - Lt. Steve Rush, an inspector, and former drug and alcohol educational officer Doug Mayhew - start their suspensions today after Wells announced the completion of an internal investigation Nov. 19. When they return to work, Babb and Mayhew will be demoted to the jail annex and Rush will move to a supervisory position.
"I feel we're being made scapegoats to cover other people's inadequacies," he said. "He's using Doug and I to take the heat off himself."
The investigation was launched three weeks after more than 20 law enforcement officers testified at a September hearing to decide if convicted murderer Beattie Coe would be granted a new trial. The motion was being considered because Rush had been drinking before reporting to the Jordantown scene of the June 1, 1990, killing of Clayton Jahue Fore.
But Babb contends that the sheriff's internal investigation was anything but thorough. "I think Doug Mayhew and I were singled out," he said, adding that six people were interviewed by the sheriff during the investigation. "I don't think the investigation in October and November had anything to do with it."
The investigation sought to determine if deputies were drinking while doing undercover work the night of the murder. Babb said he worked in the undercover unit led by Rush and that Rush made drinking seem part of the job.
There is no written policy manual at the department outlining any rules of conduct, including drinking while undercover. "I guess he [Wells] creates policy as he sees fit," Babb said.
But an understood policy was that drinking while undercover was acceptable to camouflage the deputies' identity. "The only drinking I have done was while I was working undercover and never was I under the influence of alcohol," Babb said.
He admitted to consuming five to six beers over the course of several hours at Smith Mountain Lake State Park while working undercover there the night of the murder, but he did not report to the murder scene.
Babb testified that Rush drank at least that many beers before being called to the crime site. "I think there was a mistake calling someone from undercover to a murder scene," he said. "Sometimes the wrong way has been allowed too much."
After being called to Wells' office shortly after the Fore murder to discuss Rush's attitude and alleged drinking problems, Babb said he was contacted by Beattie Coe's brother, Gary Dean, who told him that an attorney was investigating the possibility that Rush was drunk the night of the murder.
Babb said he told Wells of the contact and that Wells instructed him not to say anything about the case without the presence of Commonwealth's Attorney Jim Updike.
He said that Wells also told him he appreciated the notice of the investigation, "but not very much," Babb added, handing a reporter his notice of suspension.
Upon receiving his notice Nov. 17, Babb met with Wells. "I told him he was using me as an excuse for his problems," Babb said. According to him, Wells responded that he helped. "He's real paranoid."
Babb said his outspoken nature may have contributed to his suspension. "I feel like someone is trying to bring my name down," he said. "I say what I think. If I see something that should be done differently, I'll say. . . . I feel like Wells thinks I'm partially responsible for [the payroll checking account] coming out. I know there was a lot of pressure on him about the account and the deputies' drinking."
Throughout the whole episode, Babb maintains he has told the truth and he has nothing to be ashamed of as a deputy or as a citizen. "My defense is from the start I've told the truth," he said. "Certain stories have changed since then."
Support around the department is quiet, mostly because of intimidation, he said. "I think there's a lot of support for us but not a lot of outward support because people have seen what [Wells] has done to us," Babb said.
In the meantime, Babb has asked to speak at the next Board of Supervisors meeting.
Wells and Mayhew could not be reached for comment. Rush refused comment.
by CNB