State of Indiana Ss: Written Misconduct Charge #21-03 St. Joseph County In Re: Cpl. James Hart Conduct Unbecoming an Officer Reports Internal Investigations ‘Truthfuiness ‘WRITTEN CHARGES TO DISCHARGE CHARGING AFFIDAVIT Pursuant to the laws of the State of Indiana and in accordance with established Rules and Regulations of the St. Joseph County, Indiana Police Department, Cpl. James Hart a member of the said Department, is hereby charged as follows: Sheriff William J. Redman, being duly swom upon his oath pursuant to IC 36-8-10- 11, says that Cpl. James Hart a member of the St. Joseph County, Indiana Police Department, did knowingly and intentionally violate the following rules of the St. Joseph County Police Department and the laws of the State of Indiana in the following particulars: 1. Cpl. James Hart knowingly and intentionally committed one or more of the following acts of misconduct in violation of the St. Joseph County Sheriffs Merit Board as found in Section 4-2.2 Conduct Unbecoming to an Officer, Section 4-5.2 Reports, Section 4- 6 Internal Investigations and Section 4-6.2 Truthfulness, all of which occurred between February 5 & April 15, 2021 during a traffic incident and during a subsequent an internal investigation being conducted at the direction and order of Sheriff William J. Redman, all of which is contrary to the Merit Rules and Regulations of the St. Joseph County Sheriffs Merit Board. 2. OnFebruary 5, 2021 at approximately 3:04 p.m. Cpl. Bauters responded to a call of a property damage accident on Crumstown Highway near Pine Road. Dispatch relayed that a 9-1-1 caller stated that a vehicle had crashed into a ditch, that the caller had stopped to check on the driver, and that the driver appeared to be visibly intoxicated and was trying to leave the scene. 3. Atapproximately 3:15 p.m., Cpl. Bauters and Cpl. James Hart arrived at 57626 Crumstown Highway where they observed a white Buick Century being pulled out of the ditch by a tow truck. The road was clean and dry, but snow was piled deep in the ditch and on the residential property. While on scene, Bauters and Hart spoke with the driver and ended up making him leave his vehicle where it was and call for a ride from the scene. Neither officer checked the identification or driving status of the driver nor ran his identify through NCIC to check driving status or for warrants. The officers also did not check the status of license plate the Buick Century. The officers did not require the driver to perform any sobriety tests.4. On that same date at approximately 7:47 p.m., that same white Buick Century and its driver were involved in a second crash on Crumstown Highway near the intersection with Wilson Manor. This was a head-on crash with a SUV driven by Kassandra ‘Zwierzynski with her five children as occupants. The driver of the white Buick Century was pronounced dead on scene and later was identified as Stephen Stopczynski. Stopczynski was also determined to be the same driver involved in the 3:00 p.m. crash at Crumstown and Pine Road. 5. Onor about February 6, 2021 following an anonymous tip from a citizen and on order from Sheriff Redman, Major Dean Chandler requested officer reports from Cpl. Bauters and Cpl. Hart about the February 5* 3:00 crash. 6. On that same date Cpl. Bauters and Cpl. Hart each submitted an officer report, both stating that they observed no signs of intoxication. Specifically, Bauters reported that the driver “wasn't stumbling or falling over on a somewhat icy driveway” and Hart reported “He told me he had not been drinking.” See Exhibit A (Hart Report) and Exhibit B Bauters Report). 7. _ The St. Joseph County Fatal Accident Crash Team (“FACT”) investigation determined that, at the time of the 7:47 p.m. crash, Stopczynski blood-alcohol-content was .155 and he also had trace amounts of cocaine metabolites and prescription drugs in his, blood. 8. On March 10, 2021, the St. Joseph County Police Public Information Liaison issued a public statement to a local news outlet based on the reports submitted by Cpl. Bauters and Cpl. Hart. The statement said, among other things, that the officers did not witness any signs of intoxication. Because Cpl. Bauters and Cpl. Hart were not truthful in their reports, they caused the Department's public statement to be misleading and incomplete. 9. On March 16, 2021 following the completion and release of the FACT investigation findings into the fatal crash, Chief Todd Shepherd ordered Captain Sult of SJCPD Detective Bureau to open an Internal Investigation into the February 5, 2021 3:00 p.m, crash including interviews of all individuals who had contact with Stopczynski on that day and a timeline of his whereabouts and events prior to that crash and between the 3:00 p.m. and 7:47 p.m. crashes. 10. During the Internal Investigation, witnesses made statements to Capt. Sult that conflicted with the officer reports submitted by Cpl. Bauters and Cpl. Hart. 11, During the Internal Investigation, it was also determined that on February 5, 2021, Stopczynski’s driver's license had been suspended and that Stopczynski was wanted ona warrant out of LaPorte County for a Level 6 Felony. It was also determined that the Buick Century was not validly plated. It was also determined that Stopczynski had stopped at a bar and consumed between one and two beers between the time he left work at approximately 1:00 p.m. and the before he ran off the road into the ditch at 3:00 p.m.12. On March 25, 2021, the Department decided to broaden the investigation to include the actions and statements made by both Cpl. Bauters and Cpl. Hart both on and following February 5, 2021. 13. On March 26, 2021 Capt. Sult interviewed Cpl. Bauters about both February 5* crashes and his officer report. Capt. Sult made clear to Bauters at the outset of the interview that it was important that he tell the truth. Bauters responded, “Of course.” 14. _ During the interview, Bauters recalled the 3:00 p.m. incident as “a simple slide off” and “no reason to look into it any further.” Bauters stated that Stopczynski “seemed fine” was walking normally, not falling, not slipping, despite the fact that the driveway was covered with ice and snow. Bauters said that he stood close to Stopezynski, within a foot or two, and looked into his eyes and saw no impairment and did not smell any alcohol. Bauters stated that he sensed “something with off” with Stopczynski, who was acting very nervous or panicky, but he didn’t know what it was. Bauters did not believe he had probable cause to detain Stopczynski or require him to take a portable breathalyzer test (PBT) but observed he was acting “weird, not right, not normal.” 15. _ Bauters stated that he did not check the driver's ID or run his name. Bauters said that he did look inside the white Buick Century while on scene of the 3:00 p.m. crash, and he did not see any alcohol bottles or cans in the car. Bauters relayed that he and Cpl. Hart asked Stopczynski to take a PBT just to clear the record because the 9-1-1 caller had suggested he might be intoxicated. Stopczynski declined. Bauters said that, even though he and Cpl. Hart did not believe they had probable cause to detain Stopczynski, they suggested it would be better if he left his vehicle there and got a ride home. 16. When pressed during the interview if he may be leaving anything out, Cpl. Bauters said “No,” but added that Stopezynski “didn’t seem impaired whatsoever, he just was not acting normal.” 17. Bauters admitted during the interview that he told the person who picked up Stopczynski that “something was not right” with Stopczynski and that he (Stopczynski) needed to “figure his shit out.” Bauters also said that he gave the keys to the White Century to the person who picked up Stopczynski and said that he was “cutting [Stopczynski] a break.” 18. During his interview, Cpl. Bauters initially stated that he and Hart did not collaborate when writing their officer reports on the aftemoon crash. However, later in the interview, Bauters admitted to sending Hart of photo of Bauters’ draft officer report before they submitted their reports. 19. Later the same day, March 26, 2021, Capt. Sult interviewed Cpl. Hart about the February 5 crash and his officer report. Capt. Sult also stated clearly to Cpl. Hart at the outset that it was important that he tell the truth, the whole truth, and not leave anything. out. Cpl. Hart said, “Okay.”20. _ Cpl. Hart described his recollection of the encounter with Stopezynski at approximately 3:15 p.m. on February 5, 2021. Hart stated that he observed no signs of impairment or intoxication. Hart saw Stopczynski helping the tow truck driver. Hart perceived that Stopczynski was in a hurry, was nervous, and seemed to be avoiding Cpl. Hart and Cpl. Bauters. 21, Hart said that he confronted Stopezynski and did not smell alcohol or see any stumbling or slurring of speech. Hart believed that he had no reason to require Stopczynski to do a field sobriety test or take a PBT. Still, because the 9-1-1 caller believed Stopczynski was intoxicated, Hart directly asked Stopczynski if he had been drinking. At first, Stopczynski said “No.” But, when Hart followed up and asked, “Are you sure, something is off with you?” Stopczynski admitted, “I had one beer after work.” Cpl. Hart then asked Stopezynski to take a PBT “to make sure you're okay to drive.” Stopczynski refused. Hart then felt that Stopczynski was not cooperating and said, “Since you don’t want to cooperate with me, you're not driving.” Hart told Stopczynski that, because he was did not witness Stopezynski driving the car, he could not arrest Stopczynski, but he was not going to let him drive. 22. — During this interview, Capt. Sult asked Cpl. Hart whether he looked at anyone else’s report before or after he wrote his own. Cpl. Hart admitted that Cpl. Bauters sent him a copy of his report. When asked why, Hart said he did not know. Later, when Capt. Sult asked to see Cpl. Hart’s text messages, Hart admitted that he had texted a photo of his report to Bauters at 3:43 p.m. on February 6%, and Bauters texted a photo of his report back to Hart at 5:30 p.m. the same day. 23. — Both Officers also responded to the 7:47 p.m. crash and both admitted to realizing shortly after arrival on the scene that the white Buick Century and Stopczynski had now been in a second crash a little more than four hours after they made him get a ride home from the scene of the 3:00 p.m, crash. 24. On April 12, 2021, Capt. Sult interviewed Cpl. Bauters a second time during which Bauters repeated, “we had no reason to believe he was impaired.” 25. On April 15, 2021, Cpl. Bauters was required to submit to a polygraph examination with the Indiana State Police as part of the Internal Investigation. The opinion of the polygraph examiner was that Cpl. Bauters was not being truthful when asked both about signs of impairment and about withholding information during the internal investigation. Following the polygraph, when informed that he appeared deceptive during the examination, Cpl. Bauters admitted that he saw Stopczynski shuffling/ stumbling around as he was getting things out of his car, and that he noticed Stopezynski was off balance. Bauters admitted that he did not require a field sobriety test because he was being a little bit lazy and a little bit because he was giving Stopczynski a break. Bauters also admitted that he minimized the impairment he observed in his officers report because he thought he would be “thrown under the bus” and be “done.” 26. Later the same day, April 15, 2021, Cpl. Hart was also required to submit to a polygraph examination with the Indiana State Police as part of the Internal Investigation.The opinion of the polygraph examiner was that Cpl. Hart was being truthful when asked about signs of impairment, but was not being truthful when asked whether he had been withholding information during the internal investigation. Following the polygraph, Cpl. Hart admitted to the examiner that he had withheld one piece of information during the internal investigation - that he had another conversation with Cpl. Bauters, which he had not told anyone about. Cpl. Hart said that after he and Cpl. Bauters left the scene of the earlier crash, around 3:45 p.m., they met up down the road. At that time, Hart said, Cpl. Bauters told him that he thought Stopczynski was intoxicated, 27. These actions of deception, false statement and immoral conduct involving moral turpitude have impaired the ability of the Sheriff and Chief of Police to knowingly place Cpl. Hart into any situations where he is required to report criminal activity and arrest of citizens or to swear or affirm any statement. Ina criminal case the prosecutor is required to disclose exculpatory and impeachment evidence when such evidence is material. Brady v. Maryland, 373 U.S. 83, 87 (1963); Giglio v. United States, 405 U.S. 150, 154 (1972). Under Brady-Giglio, when a police officer is called as a witness for a law enforcement agency, the prosecutor must disclose impeachment evidence, meaning any evidence that “casts a substantial doubt upon the accuracy” of the witness testimony. Because this policy exists to defend the constitutional guarantee to a fair trial for criminal defendants, this information must be disclosed regardless of whether the defendant requests it. Id. Alll of which is contrary to the established Rules, Regulations, and Standard Operating Procedures of the said department, known to and accepted by the said Cpl. Hart upon his employment with the said department, and that said act constitutes just canse for his termination and discharge from duty and employment with the Department. ‘With these Written Charges to Discharge, Sheriff hereby request the Merit Board to set this matter for hearing and an opportunity for the officer to request his due process rights which he is afforded and are provided by the laws of the State of Indiana and the St. Joseph County Merit Board Rules. bens: losoph County Commission Number T1617 f ‘My Gommasion Echos ” oe swom to before me, this 2] day of. Tay 2021. Notary Public, Residing in St. Joseph County, IN ‘My Commission Expires: Made 15, 202%CERTIFICATES OF SERVICE Certified Mail L,Somnatia Mervénhanhereby state that the above and foregoing charges were mailed to Sas HOt _ on the2Lst day of Moy, 2021 of by certified mail bearing receipt number TOC OMO000 117252629 Dhrnetba Merterball —— Signature Printed Name Personal Service L hereby state that on the _day of 20___Iserved upon a copy of the above and foregoing charges by personal service. Signature Printed Name