MEXICO – Town Manager John Madigan still believes Patrolman Michael Richard should continue his job, despite Richard’s recent conviction for criminal threatening.
But it’s not up to Madigan, who has kept Richard, 57, of Rumford, on paid administrative leave for the 36 weeks it took the court system to resolve Richard’s domestic violence case.
The Maine Criminal Justice Academy’s Board of Trustees in Vassalboro will make that decision. They train and license police and corrections officers to practice law enforcement in the state.
The board will hold a certification hearing on Richard, knowing that he’s been found guilty of verbally threatening his wife, given a suspended sentence and placed on a year’s probation.
That hearing will be held Wednesday, April 18. Not only will Richard’s conviction be reviewed, but also his conduct and facts from the June 21 incident, according to academy Director John Rogers.
“It’s not just about criminal conduct. It’s also about not meeting the mandatory academy in-service training requirements,” he said.
On July 20, the day after Richard filed for divorce, Pamela Richard had him arrested by Rumford police on charges of domestic assault and terrorizing, claiming he’d threatened to kill her a month prior. Since then, the couple has been attempting to reconcile.
Then, just nine days before Richard was convicted through a plea deal that tossed a terrorizing charge and replaced the assault charge with criminal threatening, the divorce case was dismissed. Little about either case has been made public.
Rumford District Court Judge John McElwee also ruled that Richard could continue to use or possess firearms, but must petition to keep his job.
The right to use or own guns – not certification – is what Madigan said he believed would decide if Richard could resume his job.
“In my estimation, the charge still allowed him the right to carry a firearm. If they took that away, he couldn’t be a police officer,” Madigan said.
If the board cannot decide the matter this month, another hearing will be scheduled. If they can, though, Rogers said their recommendation goes before the full board on May 4 for a final decision, unless Richard appeals.
Contacted Friday, Richard declined comment.
Madigan said Richard, who has received more than $22,000 and full benefits to stay away from work, will continue to receive his weekly salary of $623.32 with benefits.
“I’ve been supportive of Mike all along, and I just can’t all of a sudden make a hasty decision,” Madigan said. “I thought it was all done Friday, myself. We’ve been waiting for the court thing to be over, and I wasn’t aware this thing was going to take place afterward. I thought we might have been able to deal with it right away without having to go through the certification process.”
The only way Richard could resume his job, Rogers said, is if the board grants him a conditional waiver.
Additionally, Rogers, who served as Farmington’s police chief from 1993-98 and 17 years before that as an officer in Orono, said he didn’t know of any Maine officer ever who was allowed to resume his job after being convicted of a domestic violence crime.
“It all goes to an officer’s credibility. It all goes to him being able to impartially investigate crimes in the future. If I was a police chief again, I wouldn’t hire anyone with a conviction,” Rogers said.
Neither would Oxford County Sheriff Wayne Gallant, who worked with Richard when both were Rumford police officers during Richard’s 28-year career there.
A career that was marred, according to Rumford department records, by three suspensions and, in May 1994, a demotion from sergeant to patrolman. That was the result of then-Detective Lt. Gallant’s investigation into an April 28, 1994, incident involving Richard and a juvenile in the police station.
“Certification is a serious issue,” Gallant said. “I don’t know of any officers who have been convicted on domestic violence and are back on the job. That would be highly unusual. I wouldn’t be able to allow it here. It would be extremely difficult, as an administrator, whether the officer is a friend of mine or not, because the condition could have an adverse effect on whether he could continue to do the job.”
Madigan said he doesn’t believe the conviction or Richard’s disciplinary issues over the past two decades should factor into the current situation. Serving as Rumford town manager from 1985 through 1992, Madigan said he never had any problems with Richard.
He declined to say if he would discipline Richard due to the conviction.
“I haven’t had one complaint about Mike’s job performance. I’m not going to make a hasty decision. Mike deserves better than that. He’s done a good job for the town of Mexico. He’s had a good 25-plus-year career for law enforcement for all the people in this area. He’s a good citizen. He’s a Vietnam veteran. He served his country, he served his state, and he served his community,” said Madigan.
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