The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1996, Landmark Communications, Inc.

DATE: Wednesday, February 21, 1996           TAG: 9602210420
SECTION: LOCAL                    PAGE: B1   EDITION: FINAL 
SOURCE: BY MAC DANIEL, STAFF WRITER 
DATELINE: CHESAPEAKE                         LENGTH: Medium:   75 lines

COUNCIL WILL ASK STATE POLICE TO JOIN PROBE UNDER SCRUTINY IS ACTION BY CITY POLICE IN CASES INVOLVING 3 OFFICIALS' SONS

The City Council decided Tuesday to ask the state police to investigate the Chesapeake Police Department's actions in cases involving the sons of three city officials.

After meeting behind closed doors for 2 1/2 hours, the council emerged, and Mayor William E. Ward issued a brief statement.

``We hereby direct the city attorney to request the state police to conduct an independent review of the recent issues involving the city's police,'' Ward said.

Neither Ward nor any other member of the council would elaborate.

City Attorney Ron Hallman and Acting City Manager Clarence V. Cuffee said that they expected to ask for the investigation early today.

The decision came after the council held its second extended closed meeting in five days to try to determine if the Police Department had acted improperly while investigating the possible criminal actions of the sons of a police captain, a sheriff's captain and a long-time city councilman.

The council had asked the city attorney to gather more information before any decisions were made.

Tuesday night, the council went back into a closed session before emerging to ask for the state police inquiry.

Phil Foster, assistant special agent-in-charge for the state police in Chesapeake, attended the council meeting and huddled briefly with Mayor Ward before the council began its secret session. Foster did not attend the closed meeting, and said he had come only as a citizen and in no official capacity.

Although he was there when Mayor Ward asked for the state investigation, Foster said he was unsure if his office would be involved.

Throughout the probe, city and police officials have refused to discuss details of the investigation or how police may have acted improperly.

However, a confidential report to the council written by Police Chief Ian M. Shipley Jr. and presented on Friday, conceded that there was a ``substandard investigation'' in the two theft cases that are at the heart of the council's concerns.

According to the report, obtained by The Virginian-Pilot, five police officers have been disciplined as a result of their ``actions and/or omissions'' in handling the cases.

Shipley wrote, however, that his internal affairs investigators found no evidence that officers intentionally delayed or hampered the investigations.

The 10-page report did not satisfy the council, nor, apparently did Shipley's efforts to explain during the closed session on Friday.

It was unclear whether Shipley was called to appear before the council on Tuesday night.

One key question for the council is whether Shipley's administrative aide, Capt. William L. Spruill, provided information to his son that could have undermined a theft investigation.

Spruill's 23-year-old son, William L. Spruill Jr., is charged with grand larceny and breaking and entering in the theft of an all-terrain vehicle from the home of Vice Mayor Robert T. Nance Jr.

Shipley's report drew no conclusion on that matter, saying that ``statements of those involved conflict.''

The police investigations focused on two 1994 thefts.

In addition to Spruill's son, charges also ultimately were filed against the sons of Councilman John W. Butt and sheriff's Capt. William Brickhouse.

Allan Keith Butt, 27, and William Jeremy Brickhouse, 20, have been charged with receiving stolen property in connection with an October 1994 theft of motorcycles, off-road vehicles and other merchandise from Givens Honda of Chesapeake.

The cases are being prosecuted by Suffolk Assistant Commonwealth's Attorney Kenneth A. Phillips. Chesapeake Commonwealth's Attorney David L. Williams removed his office from the matters in November to avoid any appearance of conflict.

KEYWORDS: CHESAPEAKE POLICE DEPARTMENT BURGLARY INVESTIGATION by CNB