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Article published November 03, 2009
2nd Toledo officer accused of drunken driving on duty
Latest case involves veteran with commendations



A Toledo police officer who has been commended several times throughout his 12-year career for exceptional performance is the second officer in as many weeks to be accused of being drunk on the job and driving a patrol car while intoxicated, Chief Mike Navarre said Monday.

Officer Donald Mitchell is accused of showing up intoxicated for work Saturday afternoon and was suspended without pay.

"He was charged criminally, was taken to Lucas County Jail, and was offered a Breathalyzer test, and refused to take the test," Chief Navarre said.

Refusing to the take a Breathalyzer in Ohio results in suspension of a driver's license for one year. He was charged with drunken driving, the chief said.

Officer Mitchell later submitted to a Breathalyzer test for an administrative investigation when ordered to do so. The chief declined to release the results of that test.

"He showed up for roll call and actually went out onto the street in his patrol car and someone else brought it to the attention of command that they thought something was wrong," Chief Navarre said. "Command then ordered him back to Scott Park district station and that is when they observed symptoms of intoxication."

The chief acknowledged that there is a higher rate of alcoholism among police than other professions.

"I think it's a well-documented fact that law enforcement professionals have a higher-than-normal incidence of alcoholism among its members," he said.

"We have a very sound employee assistance program and try to make it available to those who need it and even those who don't realize they need it," the chief said.

Mayor Carty Finkbeiner said no excuses would be made for police officers caught drunk on the job.

"I am glad the police officers are taking quite seriously police Chief Navarre's edict to them 10 days or a week ago that any officer who at any time during his course of his duties is not fully cognizant and performing at the best of his mental and physical capacities without any impediment should be taken off the job immediately," the mayor said.

Dan Wagner, president of the Toledo Police Patrolman's Association, said police officers are under increased stress, particularly since they have faced layoffs and increasing crime.

"They are both getting the help they need," Mr. Wagner said of the two officers.

A police report on Officer Mitchell's arrest said he was unsteady on his feet, could not walk a straight line, had slurred speech and bloodshot eyes, and smelled of intoxicants.

Officer Mitchell was transferred to the department's community services unit in May, 2004.

His personnel file has several "exceptional performance" reviews, including two in 2007 and one in 2006 for his roles in situations.

Last month, Toledo police Officer James W. Breier, 53, was arrested and accused of operating a vehicle under the influence of alcohol when he responded to a traffic crash and appeared intoxicated.

He was booked into the Lucas County Jail and released after he posted $500 bond.

Officer Breier, who has been a Toledo police officer since 1982, postponed the administrative investigation until after his criminal case is complete, which is accepted under the union contract with the police union.

In doing so, Officer Breier removed himself from duty without pay. He had also been suspended without pay since the Oct. 23 incident occurred.

Officer Breier was near the end of his shift when he was called to a crash involving a fire engine at Detroit and Berdan avenues. A battalion chief with the fire department who also was called to the scene noted that Officer Breier appeared to be intoxicated. He called a police sergeant.

Chief Navarre said officers have to participate in the administrative investigation or they could face a charge of insubordination.

He said the police department is stricter in disciplinary situations than other civilian departments. Under the department's contract with the union, disciplinary records are retained for a maximum of five years.

In addition to the two incidents with Toledo police, another occurred recently in Waterville Township. Trustees there accepted the resignation of police Chief Kathleen Hartle last month, more than a month after she was suspended under allegations that she had an open container of alcohol in her police cruiser.

Unlike in the Toledo cases, she was not charged criminally.

Contact Ignazio Messina at:
imessina@theblade.com
or 419-724-6171.


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