
DATE: Wednesday, November 12, 1997          TAG: 9711120494

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 

SOURCE: BY MIKE MATHER, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:  108 lines

BEACH POLICE LIEUTENANT TRANSFERS INQUIRY IN FATAL SHOOTING SHIFTS TO OFFICER WHO INVESTIGATED OTHERS

Fallout from the March 25 fatal police shooting of an unarmed motorist has led to command changes in the precinct where the incident happened, authorities said.

An internal investigation has resulted in the transfer of Third Precinct Lt. Gary Van Auken over accusations that he committed personnel violations. That transfer will take effect today.

Also, Capt. John L. Bell of the First Precinct will take temporary command of the Third Precinct today to quell turmoil that has resulted from the suspensions of 14 officers involved in the shooting and the accusations against Van Auken, police officials said.

The Third Precinct has been without a commander since Capt. Sandi Baum left for a three-month out-of-town administrative assignment several weeks ago. When she returns, she will resume command of the precinct on Independence Boulevard, officials said.

Van Auken had an instrumental role in the six-month internal investigation that resulted in the officers' suspensions for their roles in the shooting of Bruce V. Quagliato. Van Auken was one of several ranking officers whose presentation to a police panel led to the punishments.

Now, Van Auken is under investigation by the Police Department's Professional Standards Office for allegedly disseminating sensitive personnel information about at least one of the officers being disciplined, according to police sources, who requested anonymity.

Police familiar with the internal investigation said Van Auken is being scrutinized for statements he allegedly made to other police officers and an attorney.

Van Auken's transfer to the Fourth Precinct isn't punitive, however. He said he requested the move to separate him from the officers who have accused him of wrongdoing. The investigation is continuing and no administrative charges have been filed against Van Auken.

``I am simply getting out of a bad situation over there,'' Van Auken said in a telephone interview. He denied any wrongdoing and said the internal investigation would clear his name, but he declined to speak further about the accusations on the advice of his attorney.

Van Auken said that he will retire Feb. 1, the first day he is eligible.

The inquiry into Van Auken's alleged statements resulted from the most intensive internal investigation in Police Department history. The investigation into Quagliato's death led to the most sweeping disciplinary action ever taken against Virginia Beach police officers.

Quagliato was shot after refusing to stop for police on Independence Boulevard. Earlier on the night of March 25, Quagliato also refused to stop for officers on Little Creek Naval Amphibious Base, where his car had collided with at least one military police officer's sedan.

After Quagliato's yellow Camaro left the base, he was pursued by Virginia Beach police officers. Although he generally drove the speed limit and stopped for at least two red lights, police said that he had assaulted the base officers and believed that he was armed.

Near the Virginia Beach-Norfolk Expressway, police stopped the Camaro with a rolling roadblock that ended in a crash. A police officer said he opened fire because it looked like Quagliato was reaching for a gun. Seven other police officers then fired, shooting more than 60 rounds. Quagliato was shot more than a dozen times.

Quagliato was not armed. No one was able to explain his actions that night. Several police officers said that they believe he was suicidal.

The six-month internal investigation after the shooting blamed 14 officers for violating department policies during the pursuit and shooting. The accused officers have denied wrongdoing and have said they will appeal the punishments in upcoming personnel-board hearings.

On Friday, Van Auken submitted to a lengthy interview with investigators from the department's internal affairs review board, Van Auken confirmed. The interview concerned whether Van Auken released personnel information about an officer to people not legally allowed to have it. The interview was followed by a polygraph examination.

If the administrative charges against Van Auken, 49, are proven, he could be demoted or fired. However, because of his lengthy career with the Police Department, neither punishment would financially affect his retirement pay. ILLUSTRATION: AT ISSUE

ACCUSED OF COMMITTING

PERSONNEL VIOLATIONS, LT.

GARY VAN AUKEN, LEFT,

TRANSFERRED OUT OF THE

THIRD PRECINCT TODAY

WHAT'S NEXT

VAN AUKEN IS UNDER

INVESTIGATION BY THE POLICE

DEPARTMENT'S STANDARDS

OFFICE OVER ACCUSATIONS

THAT HE DISSEMINATED SENSITIVE

INFORMATION ABOUT A