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

DATE: Wednesday, February 28, 1996           TAG: 9602280373
SECTION: LOCAL                    PAGE: B1   EDITION: FINAL 
SOURCE: BY MAC DANIEL, STAFF WRITER 
DATELINE: CHESAPEAKE                         LENGTH: Medium:   87 lines

STATE POLICE WON'T INVESTIGATE HOW CITY HANDLED PROBE THE LOCAL MATTER IS ADMINISTRATIVE, NOT CRIMINAL, STATE AGENCY ASSERTS

The state police have refused to look into how the city's Police Department handled cases involving the sons of three prominent citizens, including a councilman, police captain and sheriff's captain.

In a letter sent to City Attorney Ron Hallman, the agency said that it would not pursue the matter, because it was administrative, not criminal, city officials said.

The council went into executive session late Tuesday to discuss the letter and the city's options. In addition, Mayor William E. Ward called for a possible executive session, if necessary, for next Tuesday, when the council is not scheduled to hold a formal meeting.

Also on Tuesday, the trial in one of the cases involving the sons was delayed almost a month.

William L. Spruill Jr., 23, son of police Capt. William L. Spruill, was to stand trial for grand larceny and breaking and entering in connection with the theft of an all-terrain vehicle from Vice Mayor Robert T. Nance Jr.

The case was postponed until March 20.

Spruill Jr.'s lawyer, Robert E. Kowalsky Jr., has sought subpoenas to call as witnesses in the case a wide range of Chesapeake officials, from Mayor William E. Ward to Police Chief Ian M. Shipley Jr. to David Williams, who ousted Kowalsky as commonwealth's attorney in 1989.

Last week, the City Council asked the state police to examine whether the Police Department acted properly in its investigation involving Spruill Jr. as well as its probe of a theft from Givens Honda, a case that wound up involving the sons of City Councilman John W. Butt and Sheriff's Capt. William Brickhouse. Both Alan Keith Butt, 27, and William Jeremy Brickhouse, 20, are charged with receiving property stolen from Givens.

Shipley issued written reprimands to five officers involved in the cases, saying each had ``brought discredit upon yourself and the Chesapeake Police Department.'' Despite the reprimands, the council wanted more information about the officers' actions and asked last week for an independent probe by the Virginia State Police.

Council members said they have concerns about how the investigation into Nance's theft was handled, including concerns about whether Capt. Spruill told his son that his housemate was talking to police about Spruill Jr.'s alleged role in the Nance theft.

Capt. Spruill, who serves as Shipley's administrative aide, received a permanent letter of reprimand for his actions.

In the letter, obtained by The Virginian-Pilot, Shipley noted Capt. Spruill's ``past dedicated service to the department'' but said that ``there are still strong discrepancies regarding your recollection of various incidents related to the investigation of a serious crime committed within our city and the recollection of other departmental personnel.''

Capt. Spruill was charged with violating the department's policy and procedures manual, both in his son's case and in another that involved a stolen outboard motor that was turned over to Capt. Spruill.

According to the notice of charges, Capt. Spruill improperly accepted the motor from an acquaintance rather than have the detective investigating the theft pick it up from the source. The formal reprimand said that Capt. Spruill not only failed to disclose who had turned in the stolen motor but purposely misled the detective investigating the case by describing the source as ``an elderly gentleman.''

Capt. Spruill, in his official response, denied either misleading or improperly handling the case. He said the detective had earlier told him he wasn't going to prosecute anyone in the case. Capt. Spruill said he immediately called the detective, who didn't ask the name of the source. Capt. Spruill also denied ever saying it was turned in by an elderly gentleman.

Regarding his son's case, Capt. Spruill was charged with ``engaging in conduct unbecoming of an officer'' for discussing the department's actions with a citizen who later contacted Vice Mayor Nance ``in an effort to assist you.''

That action also violated regulations that forbid police officers to talk about cases with those outside the department without first obtaining their commanding officer's permission, according to the charges.

In his response, Spruill wrote that he never asked the man to help him, and told the man not to talk to Nance.

He wrote he only told the man about his problems ``because he is a good friend. I certainly didn't want him to become involved with the investigation.''

The reprimand did not address whether Spruill had warned his son that a former housemate was informing on him. The informant has said that Spruill's son seemed to know that his housemate was an informant and threatened him.

KEYWORDS: CHESAPEAKE POLICE DEPARTMENT INVESTIGATION by CNB