The Milwaukee Fire and Police Commission on Wednesday upheld Police Chief Edward Flynn's decision to fire an officer for an off-duty drunken driving accident that injured himself and his passenger, also a police officer.
The drunken driving crash caused by MPD Officer Eric Devries was the first by an officer since 2008 that caused severe physical injuries to a third party, said Lt. John Sgrignuoli of Internal Affairs. Therefore, Devries was the first officer Flynn fired for such an offense. Devries also was criminally convicted of a misdemeanor.
Devries, who was hired by the department in 2002, said he accepted responsibility for the Oct. 19 accident that injured him and off-duty MPD Officer Eric Mlodzik, who was hospitalized for one day with head injuries requiring stitches and staples.
Mlodzik teared up as he testified that Devries, whom he described as his best friend, should be reinstated.
"We all make mistakes," he said.
Devries thought the 30-day suspension he received for drunken driving was appropriate but didn't think he should lose his job.
Commissioner Michael O'Hear, who heard the appeal with Commissioners Kathryn Hein and Paoi Lor, said the commission was mindful of Devries' fine record of service, which two supervisors attested to, and noted that he had demonstrated good character since the crash. Despite those factors, the decision to uphold the firing was unanimous.
"I hope this will send the message the chief said he would like sent about these types of offenses," O'Hear said.
Devries left the proceeding without commenting.
Devries pleaded no contest to causing injury while operating under the influence in connection with the wreck. He had a blood-alcohol level of 0.11, more than the state legal limit of 0.08. He has maintained sobriety, received treatment and fulfilled all requirements imposed by the court, said Jon Cermele, his attorney.
Cermele said the discipline was applied in an uneven manner when compared with prior cases, such as one in which an off-duty intoxicated officer allowed his 13-year-old daughter to drive and received a suspension.
Flynn said drunken driving, and alcoholism in general, is a problem that "bedevils" the police profession. Not only does it put the officer and the public in danger, but it also can damage the reputation of the entire department, he said.
Flynn also suggested it might be fairer to fire officers for any drunken-driving offense, rather than examining degrees of harm to determine discipline. Officers who receive a first-offense off-duty OWI usually are suspended for 30 days.
Sgrignuoli testified that they investigated eight drunken-driving-related discipline cases in 2012, four in 2011, five in 2010, seven in 2009 and six in 2008. Devries is the second such case in 2013.
A Journal Sentinel investigation published in October 2011 found at least 35 members of Milwaukee's police force had been disciplined by the department and kept their jobs after being arrested for off-duty drunken driving since they were hired.
Shortly after that, Flynn rolled out a new program to help officers deal with alcohol-related issues. Programming included posters warning officers they could be terminated for alcohol offenses and speeches from officers who had been suspended for drunken driving.
The commission will release a written explanation of its decision in coming days. Devries can appeal in Milwaukee County Circuit Court.
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