The Westbrook fire inspector remained on administrative leave this week as the city investigated why his name didn’t appear in the public arrest log last month.
The arrest of Lt. Chuck Jarrett has also raised questions about how the police secure weapons in police cars.
The city has hired Jensen, Baird, Gardner, and Henry to investigate why Jarrett’s name didn’t appear in its public arrest log.
City officials have declined to comment on the incident or how Jarrett gained access to the weapon.
However, Jarrett’s attorney, Peter Evans, said his client is accused of removing a gun from a parked police car and taking ammunition out of the gun. Jarrett was charged with violating a court order for protection from abuse.
City officials have declined to comment on the incident or how Jarrett gained access to the weapon. Police Chief Paul McCarthy declined to comment this week on the police department’s practice of securing unattended vehicles because he said it was related to the case.
“At a minimum, the whole practice of leaving weapons in a parked vehicle will be looked at,” said City Administrator Jerre Bryant. “We can’t have unlocked vehicles with guns in them. We will be developing a policy that balances the safety of the general public and the safety of the officers.”
City Councilor Michael Foley said he believed the police vehicles should be kept locked. “With the stuff that they have in the vehicle – weapons and technology – they should be locked,” he said.
Evans described Jarrett’s actions as a “practical joke” and his resulting arrest as part of a “turf war.” He said the cruiser was parked in a fire department spot and the incident brought to light “something of a dispute between the fire department and the police department over who gets to park what vehicles where.”
However, Police Chief Paul McCarthy dismissed the characterization that there is a “turf war” between the police and fire departments. That is “absolutely not the picture of what is here,” he said. “The characterization of it being part of turf war might be part of a defense.”
Defense attorneys “like partial information if it is favorable to (their) client,” said Bryant.
Jarrett was unavailable for comment this week.
Arrest log investigation
Jarrett was arrested on Jan. 18. However, his name did not appear in the Westbrook police log for that week.
“I do have some concerns that his name was not in the log,” said City Councilor Ed Symbol. “I’m hoping that it was just a mistake. If it wasn’t, maybe someone needs to answer.” Jarrett “needs to be treated like everyone else at that point.”
The police made an arrest report available upon request on Feb. 17. McCarthy said Jarrett’s name did not appear in the log because “the information was being held by detectives as a pending investigation and had not been released to records at that time.”
McCarthy said the public arrest log does not contain pending investigations. He said the omission could also be “tied into a bigger software issue.” (See related story.)
“We have two concerns: software and how information is provided to the press,” said McCarthy.
The incident has prompted McCarthy to request an independent investigation of the way information about arrests is made available to the press.
“I chose to do it because of the way the department was characterized in the (American Journal’s) editorial and thought it would be more legitimate if investigated by someone other than ourselves,” said McCarthy.
Last Friday, McCarthy sent a letter to City Hall requesting the investigation, and the administration has since instructed City Attorney Bill Dale of Jensen, Baird, Gardner, and Henry to look into the matter.
Bryant said he expected to get answers to the city’s questions about its practices within a week.
Jarrett on leave
The city has placed Jarrett on paid administrative leave in connection with his arrest and is conducting a review of the matter. Bryant said that the investigation is a personnel matter that has nothing to do with the criminal investigation. The city’s labor attorney, Pat Dunn, is handling the investigation, and is expected to complete her investigation within the next week.
According to the arrest report, Jarrett was arrested for violating a protection order by possessing a firearm. The court order in question is an order for protection from abuse filed by Jarrett’s wife, which was made without findings of abuse.
As a condition of the court order, Jarrett “may only possess weapons within the town of Sanford as part of military duty.” His attorney said the language applies to the city of Sanford only, where his wife lives, and Jarrett is not prohibited from handling firearms outside of Sanford.
“That was my intent in agreeing with that language and his wife’s attorney’s intent in drafting it,” said Evans. “There are no other restrictions on his use of weapons, and I would assert that it was not a violation of the protection order. I wouldn’t be at all surprised if the charge got dismissed.”
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