Toledo sergeant is found guilty of neglect of duty

1/24/2004

A Toledo police sergeant charged internally after he and three other officers were involved in an incident in which one of them is accused of hitting a suspect on the head with a flashlight has been suspended without pay.

Sgt. Lee Kikolski was suspended Thursday without pay for 10 days, with five of them held in abeyance for a year. He pleaded no contest to neglect of duty. Chief Mike Navarre found him guilty of the administrative charge.

A plea agreement was reached before an administrative hearing Thursday. An original charge of general incompetence was dismissed and another charge of gross neglect of duty was amended to neglect of duty.

Terry Stewart, president of the Toledo Police Command Officers Association, said neither he nor the sergeant is happy with the outcome, but the sergeant will not appeal the decision.

“I think the punishment is excessive and doesn t equal the alleged violation ... There are many contradictions of what happened and who saw what,” Mr. Stewart said.

The sergeant, appointed in 1993, originally was accused of not thoroughly investigating the July 24 incident in South Toledo, and not initiating departmental investigations when he learned about the alleged use of excessive force.

Officer Martin Przybysz, an 11-year veteran, is charged with excessive force, dishonesty, subversive or prejudicial conduct, and accuracy of records in the incident. His administrative hearing is scheduled for Jan. 30.

Last month, the chief dismissed charges of subversive or prejudicial conduct and accuracy of records against Officers Connie Lepla and Patrick Sutherland before their administrative hearings.

Officer Przybysz is accused of hitting Anthony Kincade, 32, on the head with a flashlight when officers went to his home, 576 Bronx Drive, to arrest him on a domestic violence warrant.

The officer told his supervisor and wrote in a report he “inadvertently” hit Mr. Kincade on the head with his flashlight and told internal affairs investigators he didn t mean to strike the man. Mr. Kincade sustained a small cut on his head.