THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, March 9, 1996 TAG: 9603090399
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MAC DANIEL, STAFF WRITER
DATELINE: CHESAPEAKE LENGTH: Medium: 96 lines
Circuit Court Chief Judge Russell I. Townsend Jr. on Friday decided not to impanel a special grand jury to investigate the performance of the Chesapeake police department.
``After careful consideration,'' Judge Townsend wrote in a letter delivered to city attorney Ronald S. Hallman late Friday afternoon, ``I have concluded that the information you provided and which has otherwise come to my attention does not warrant impanelling a special grand jury to investigate the matter.''
Townsend noted that ``the Internal Affairs Division of the Police Department investigated the matter and that the Chief of Police has disciplined members of the department for violations of departmental policy.''
But the judge left an opening, should allegations surface of criminal behavior by the department.
``Any person who has a reasonable basis to believe that any member of the police department engaged in criminal conduct from information known to him or her,'' Townsend wrote, ``should provide such information to the Commonwealth's Attorney for appropriate consideration.''
The judge's decision came one day after Mayor William E. Ward announced that he personally did not believe the matter should be forwarded to a special grand jury.
The department's actions became an issue with the council last month after Police Chief Ian M. Shipley Jr. reportedly failed to satisfy its questions about an internal investigation surrounding the arrests of the sons of a longtime councilman, a sheriff's captain and a police captain.
Five Chesapeake police officers received permanent or temporary reprimands as a result of the internal investigation.
Alan Keith Butt, 27, son of veteran councilman John W. Butt, and William Jeremy Brickhouse, 20, son of Sheriff's Capt. William Brickhouse, are each charged with receiving stolen property allegedly taken from Givens Honda in 1994.
In a separate case, William Lawrence Spruill Jr., the 23-year-old son of police Capt. William L. Spruill, 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.
Capt. Spruill, Chief Shipley's administrative aide, is one of the five officers who was disciplined.
He was cited for failing to disclose the identity of a person who turned a stolen boat motor over to him. He was also disciplined for breaking procedure by telling a friend about a police investigation. The friend reportedly then tried to intervene with Nance on Capt. Spruill's behalf.
Capt. Spruill denied wrongdoing on both counts.
Another police captain was disciplined for allegedly telling Capt. Spruill who was informing on his son. That captain also denied wrongdoing.
Police officials said that none of the disciplined officers filed grievances to contest their reprimands.
Council members said Friday that Townsend's decision may close the door on a case that has been distracting the City Council, the Police Department and the city for more than a month. Some members of council said that although they still believe the matter needs an independent review, there seem to be few options left.
Both the Federal Bureau of Investigation and the Virginia State Police have already refused to review the Police Department.
The FBI said it had no jurisdiction. And last week, Virginia State Police officials said that, based on what they had been told, it was an administrative, not a criminal, matter.
It was after the state police declined to take on the probe that the council approached Townsend about a possible special grand jury. ``I don't know what other avenues we can pursue,'' said Councilman Peter P. Duda Jr.
Councilman John M. de Triquet had said Thursday that, although he wished to see the matter further investigated, he would abide by whatever decision was rendered by Townsend. He could not be reached for comment on Friday.
Councilman W. Joe Newman also said he would follow Townsend's lead.
``I have read the judge's decision,'' Newman said Friday evening, ``and I'm somewhat surprised. I do respect the power of the court.''
Duda and some other members of the council said they were upset Thursday when Ward broke the official silence on the matter and spoke publicly against investigating the Police Department.
Duda said Friday evening that he was ``torqued'' by the judge's decision as well as Ward's statements, which he said were ``like influencing the judge in his decision.''
``Bill is one member of nine,'' Duda said of the mayor. ``Bill should have respected the council's agreement to wait for the judge's decision.''
Ward responded by saying that ``in no way did I try to influence, nor do I think I have the power to influence, a judge's decision.''
Ward called it ``coincidental'' that Townsend's opinion was in line with his own conclusion that no special grand jury probe was necessary.
The council is scheduled to meet on Tuesday in executive session to talk further about the matter.
KEYWORDS: CHESAPEAKE POLICE DEPARTMENT INVESTIGATION by CNB