Bakersfield, California 2021-04-02 23:00:00 –
No criminal accusation will be filed against Assistant Bakersfield Police Chief Joe Malins in connection with a case of workplace violence reported by fellow police officers last year.
According to a Friday news release from the Kern County District Attorney’s Office, the DA Department, which operates under the supervision of the State Attorney’s Office, “concluded that the criminal accusation in this case was not justified and would not be filed.”
Malins, one of the two assistant chiefs, requested a criminal and administrative investigation into Malins after a Bakersfield police colleague made some contact with an officer at a briefing attended by 30-40 people, 6 I have been taking paid leave since the 30th of March. Officer.
In this release, assistant district attorney Joseph Kinsel, who participated in the decision not to prosecute the proceedings, suggested that the allegations against Malins were “relatively minor in nature.”
“A full investigation of the case has revealed that the alleged conduct is probably avoided at work, but not at a level worthy of criminal charge,” Kinsel said.
The DA announcement said the incident revolved around a briefing at BPD headquarters in June 2020. The briefing, attended by dozens of police officers, was attended by Malins and attended as a speaker.
A complaint was made about the briefing’s conclusion, at which point Mullins had a single “flick” or “jab”, “tap” or “push”, or what was alternately described by various witnesses. It is alleged to have been created as a “punch”. “I moved to another BPD officer’s chest, contacted him, and surprised him.
Affected policemen who stood near the wall reported that his back had been pushed back four to six inches to touch the wall he was standing next to, Release said. At the time of the incident, the affected police reportedly wore bulletproof vests under their shirts.
The Bakersfield Police Department has requested the Kern County Sheriff’s Office to conduct an investigation into the matter, DA’s office said. The sheriff’s office has completed a thorough investigation and explained interviews with dozens of potential witnesses to the incident.
On July 31, the Sheriff’s Office submitted a report to the District Attorney’s Office documenting the alleged case for a review of the possible charge of a battery’s misdemeanor.
In light of Malins’ long tenure in the local law enforcement community, and in line with past practice, the District Attorney’s Office adds to the State Attorney’s Office in reviewing cases and making potential complaint decisions. He sought supervision, the release said.
“Based on the entire investigation, the District Attorney’s Office can prove beyond reasonable suspicion that Deputy Secretary Malins’ contact with the affected officers was made for malicious or criminal purposes. We concluded that the evidence was inadequate, “the release said. .. “The report pointed out that the contact by Deputy Secretary Malins may have been a false attempt to determine if the affected police officers were actually wearing bulletproof vests.”
The sheriff’s office interviewed dozens of police officers who attended the briefing. According to a DA news release, many police officers said they were unaware of the swift interaction, but generally described the incident as “horse play,” “playful,” or “joking.”
In order for criminal offenses to be battery-supported, it must undoubtedly prove that intentional contact was made in an illegal and “harmful or offensive manner,” DA’s office said. It was. Whether an action was performed in a harmful or offensive manner is not only whether the affected person found the action unpleasant, but also an objectively rational person who performed the action in a harmful or unpleasant way. It depends on whether you conclude that you have been.
Alternative remedies other than criminal charges are also considered when considering the appropriateness of criminal accusations in such cases. In this case, civil and administrative options are used by affected officers within the Bakersfield Police Station and through the Bakersfield City Human Resources Department to address workplace disputes that do not reach a level that justifies criminal charges. I can do it.
“Based on the situation as a whole, the District Attorney’s Office concluded that there was insufficient evidence that the alleged contact made by Deputy Secretary Malins had reached the requirements of a’harmful or offensive method’for criminal offenses. “The DA office said. Said in that release. “In addition, the relatively minor nature of contact was determined to be more suitable for administrative or personnel intervention than for criminal charges.”
Malins, who arrived in the news late Friday afternoon, said he couldn’t comment because the executive branch was still pending.
In this release, Kinzel said, “The involvement of several independent bodies in the decision to investigate and submit is transparent and fair to all parties involved, even if the allegations are relatively minor. Evidence of the length taken by the Kern County department to ensure treatment. “
Reporter Stephen Mayer can be reached at 661-395-7353. Follow him on Facebook and Twitter: @semayerTBC.
D.A.’s Office says no criminal charges will be filed against BPD Assistant Chief Joe Mullins | News Source link D.A.’s Office says no criminal charges will be filed against BPD Assistant Chief Joe Mullins | News