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View Full Version : Billings officer disciplined for leaving man and woman on side of road



Teh One Who Knocks
05-19-2012, 10:48 AM
By GREG TUTTLE - The Billings Gazette


Billings Police Officer Paul Lamantia has been disciplined for driving an intoxicated man and woman outside the city limits and leaving them on the side of a two-lane highway at 3 a.m. on a cold January night.

Documents released by the city of Billings Friday reveal the circumstances that led to disciplinary action against Lamantia, which includes a “last-chance agreement,” two weeks’ leave without pay and other punishment.

Lamantia, a city officer since March 30, 2009, also is required to write a letter of apology to the man and woman and attend cultural diversity training.

Lamantia was put on paid administrative leave Jan. 23, hours after he drove Janice Whiteman and her nephew, Steve Whiteman, a mile and half beyond city limits on Highway 87 North and left them on the side of the road, according to the “Corrective Action Form” released by the city.

Investigation delayed

Chief Rich St. John said the resolution of the police department’s internal affairs investigation was delayed because the incident was reviewed for possible criminal charges by the Montana Attorney General’s office.

State prosecutors notified the city on May 1 that no charges would be filed, St. John said.

The chief met with Lamantia on May 18 to inform him of the disciplinary action, two days after the officer appeared with a union representative at a due process hearing.

Lamantia will serve the two-week suspension between May 14 and May 27, returning to work on May 28.

Lamantia violated several police department policies during the incident in January, and he has received four other unrelated reprimands for misconduct and job performance, the document states, including failing to advise a suspect of their rights, failing to investigate an accident, and “conduct toward other employees” in March of this year while he was on paid leave. He has received three written warnings and one oral warning as a result of those incidents, the document states.

January incident

According to the city document, the incident in January happened after officers had previously been sent to five locations to “deal with two intoxicated individuals,” Janice Whiteman and Steve Whiteman.

“Officers believed the pair were “intentionally violating no trespass orders with the intent to be taken to jail.”

But the jail had previously informed officers that it had no more room for female inmates that night, and jail staff had requested no new inmates unless there were extenuating circumstances or the suspect was charged with a felony offense.

“Additionally, the Montana Rescue Mission was full and the Billings Crisis Center would not accept the Whitemans,” the document states.

Lamantia was assigned to another part of the city at the time, and had no prior contact with the Whitemans that night, but left his assigned area without being requested and without asking permission from a supervisor and met the Whitemans at a downtown restaurant.

“In your statement, you said that you were senior to the other officers and knew the Whitemans and that you thought you would be able to resolve the situation,” the document states. “You stated that it was a poor allocation of police resources ... and that you could figure out a better solution.”

After speaking with the Whitemans, Lamantia had the pair get in the patrol car. Janice Whiteman later said Lamantia forced them into the car and she thought the officer was taking them to jail.

Lamantia said the Whitemans did not protest as he drove them north toward the city limits and onto Highway 87 North, and the pair “willingly got out of the car when you stopped,” the document states. It was about 3 a.m. and the temperature outside was about 20 degrees.

About 15 minutes later, Yellowstone County deputies were sent to a report of a man sitting on the side of the road near Independent School.

The deputies found Steven Whiteman, and also found Janice Whiteman as she walked back toward the city limits. The Whitemans “were very intoxicated and stumbling into traffic” the documents states.

A breath test showed Janice Whiteman had a blood-alcohol level of 0.264 percent, and Steven Whiteman’s blood-alcohol level was 0.295 percent. The legal limit for driving is 0.08 percent.