An internal police investigation report prompted by a fight between an off-duty police couple, with a shot fired inside a downtown apartment in October, showed that one of the off-duty officers had cocaine in his system at the time, according to the report released today.
That former officer, Scott MacInnis, resigned on Oct. 17. The report states that former officer Jada Smith was also drug tested, but her test came back negative. She resigned Oct. 16.
The two are accused of having purchased cocaine from two people outside of Polekatz, 715 Monroe St., a downtown strip club, on Oct. 11.
Because Mr. MacInnis and Ms. Smith resigned, no departmental charges were filed. No criminal charges were filed against the pair or are expected to be filed, police Sgt. Joe Heffernan said today.
A third officer, Carlyle Gafeney, was found guilty in an administrative hearing for "gross neglect of duty." During a chief's hearing earlier this month, Officer Gafeney was suspended for 30 days, but will only have to serve a 15-day suspension. If he gets in trouble again any time within the next three years, he will have to serve the remaining 15 days, Sergeant Heffernan said.
In the internal report are transcripts of two interviews with Officer Gafeney, surveillance video from Polekatz, and a recording of the 911 call.
A summary finding of the report states that the three were together at a Halloween party at the Toledo Police Patrolmen Association's hall on Franklin Avenue where they were drinking on Oct. 11.
At about 11 p.m., the trio left the party and went to Polekatz where they stayed for at least an hour. Outside the club, internal affairs investigators report that Mr. MacInnis and Ms. Smith purchased cocaine.
Officer Gafeney was not involved in the drug transaction, but was in the parking lot and could see Mr. MacInnis and Ms. Smith talking to "two random" men.
Officer Gafeney told investigators that, "I should have [known] that there's something going on. ... A drug deal, like you said."
Investigators wrote in their report that Mr. MacInnis and Ms. Smith purchased and used the cocaine. Officer Gafeney said he did not use drugs or know that any were being purchased.
The investigation kicked off on Oct. 12 after police were called to Mr. MacInnis' apartment at the Standart Lofts at about 1:30 a.m.
Mr. MacInnis called 911 and said his girlfriend, Ms. Smith, fired a gun to harm herself.
While officers were on scene, Mr. MacInnis told officers he and Ms. Smith were drunk and had gotten into an argument and physical altercation. During the fight, a single shot was fired from Ms. Smith's department-issued handgun.
Mr. MacInnis also told officers that the pair had bought and used cocaine; both went to the hospital. From the hospital, Mr. MacInnis was taken to Internal Affairs where he reportedly told investigators again about the drug use and that Officer Gafeney had "nothing to do with it."
After Ms. Smith was released from the hospital, she removed herself from payroll and resigned the next day.