Cop fired for lying to TSA
 

"Carrying a firearm into a restricted area under false pretenses is against federal law, but Transportation Security officials declined to prosecute"

I Guess some animals are more equal than others. :(

http://www.nwaonline.net/articles/20...9rzmcclain.txt

ROGERS — A police officer is appealing his termination from the Rogers Police Department.

Patrolman Jonathon McClain was notified in writing July 29 by Chief Steve Hamilton he was being fired for violating several departmental policies and rules, according to a document contained in an internal investigation report.

No date for a hearing before the Rogers Civil Service Commission has been set.

McClain is accused of circumventing federal security procedures at the Northwest Arkansas Regional Airport then not being truthful about his actions, among other things, according to the report.

Hamilton said McClain was fired for being dishonest.

McClain was administered a polygraph by Gary Harp, an independent examiner, regarding what he told airport officials on July 17.

"It is the opinion of this examiner that Jonathon McClain was not truthful in his answers ...," Harp said in a report.

McClain went to the airport in uniform on July 17 to pick up his daughters. McClain had just gotten off duty and did not have time to change out of his uniform, according to the report.

McClain was waived through security to a desk in a "sterile area" where he spoke with Josh Collins, a Transportation Security Administration employee. Transportation Security is a division of the U.S. Department of Homeland Security.

McClain indicated he was there on official business to escort an inbound prisoner from California, according to a written statement by Collins.

Collins said he asked McClain if the prisoner was being escorted by an armed guard and McClain responded yes.

Security Supervisor Wayne Florer witnessed the exchange between Collins and McClain.

Officer Jerah Kern said she heard Collins ask McClain specific questions about his business at the airport, but did not hear his answers. Kern is a police officer with the Northwest Arkansas Regional Airport Police Department.

Kern was assigned to escort McClain through the secure area, during which time she asked McClain about the prisoner pickup.

Kern said McClain told her, "No, I'm here to pick up my daughters."

When McClain emerged from the secure area with his wife and daughters, Collins and Florer questioned Kern about the prisoner pickup.

Once it was determined McClain had misled security officials, Chief Gilbert Neil of the airport police was notified and a complaint was made to Hamilton.

Rogers Police Capt. James Baker argued against McClain's termination. Baker recommended in a memo McClain receive instruction regarding prisoner pickup procedures and be instructed not to wear his uniform to the airport.

Baker alluded to a hearing impairment or difficulty on McClain's part.

However, McClain never indicated any hearing impairment during the investigation, according to a report by Steve Mankin, professional standards coordinator for Rogers police.

McClain called Hamilton on Aug. 5, and left a message saying he would not appeal his termination if the department did not seek his decertification by the Commission of Law Enforcement Standards and Training, according to the report.

Hamilton told McClain the decision to decertify was the commission's but he would request McClain's decertification, according to a call transcript in the report.

Hamilton said Friday he would not comment on whether he will request McClain's decertification.

Carrying a firearm into a restricted area under false pretenses is against federal law, but Transportation Security officials declined to prosecute, Hamilton said.

McClain's termination could impact cases in Rogers and Benton County because of Brady v. Maryland, a 1963 U.S. Supreme Court decision requiring prosecutors to disclose exculpatory evidence to a defendant, said Ben Lipscomb, Rogers city attorney.

Lipscomb said the Brady decision would require him to notify the defense counsel McClain was discharged for being untruthful, if McClain was called as a witness in a case.

"We will evaluate each of his cases on a case-by-case basis and determine whether he is needed as a witness," Lipscomb said. "If he is needed as a witness, we will take the appropriate steps."

Van Stone, Benton County prosecutor, said his office is reviewing cases to determine if any steps need to be taken as a result of McClain's termination.

McClain's attorney, Chris Griffin with Keith, Miller, Butler and Schneider and Pollack, was in court Firday afternoon and could not be reached for comment.

This is the stupidest thing I've ever seen. LEOs are authorized to carry weapons off-duty. I feel far, far safer knowing that a LEO has a gun than I do knowing that TSA stopped him. Lying to TSA wasn't smart (and it's a violation of federal law), but a sensible policy would have permitted the LEO to keep his holstered gun. Yes, we're all safer now, aren't we?

Integrity is the big issue here. If in fact he did lie, I feel he should receive time off but not loose his job. Now on the other hand, I do have to ask if he will lie about this what else will he lie about.

It's not the policy that is the problem, it's a failure to adhere to it. All he had to do was get a gate pass from the airline. TSA has nothing to do with the process other than verifying his credentials. I have little sympathy for those who lie in an official capacity, anyway.

I'm going to go out on a limb here and say I suspect this isn't the first time the officer's acted like a jackass.

Good riddance
 

Fire his a$$.

Police are in the ultimate position of trust. If he lied here, chances are good he's lied before. Where does it stop? Plus, now that he got caught, he can't even man up and admit to it. This guy does not deserve to be carrying a weapon and wearing a badge.

He lied, he got caught, he got fired. Works for me.

Yeah, he's liars, liars!!! Shame on him!!! Unfortunately, he will not returns to work at police officers anymore. This is violations trying to bring the guns through at secure areas. This is inappropriate for behavioral to trying bring illegal weapons but, he didn't bring escorted the prisoners arrived from California.

Good deal to get result termination from his job and end the story.^^^

Which law is that?

Wonder why McClain lied here...nothing to be gained, and high likelihood of being caught :confused:

I would guess that this would apply. It's a catch-all.

http://www.law.cornell.edu/uscode/ht...1----000-.html

§ 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

For over 20 years, Jon McClain has been a die hard at protecting Americans from terrorists, including one famous incident at IAD 20 years from the upcoming Christmas Eve (the control tower was seized by evil doers).

It just isn't right to have a great American hero treated this way.

Just not right.

Alvin should feel pretty good -- at least the TSA is consistent.

There are morons in every line of work.
Call a Spade a Spade
Works for me!