Dracut Police Officer Philip Berard Demoted
Replete with terms such as “lying,†“lied,†“no credibility,†and “total fabrication,†a Civil Service Commission hearing officer has upheld the town’s decision to demote Dracut police Officer Philip Berard.
Berard was demoted from sergeant to patrolman in April 2003 following an internal investigation in the June 2002 arrest of John Dolliver, who was riding his all-terrain vehicle under power lines near his Jones Avenue home. The investigation concluded that Berard used excessive force in arresting Dolliver, who admits trying to flee. Berard testified he drew his handgun on Dolliver and his passenger, Leonard Proposki, and threatened to shoot if Dolliver did not stop.
“The use of deadly force was not (Berard’s) last resort as intended, but his first and only resort,†Commissioner Daniel M. Henderson wrote in his report. “The Appointing Authority (Town Manager Dennis Piendak and then-Police Chief Louis Panas) determined that (Berard’s) poor judgment, intentional acts and violations on June 30, 2002, should not end his career but rather end his supervisory position within the department. The commission defers to the appointing authority’s discretion on the matter of punishment … as clearly warranted under the circumstances of this case.â€
As to Berard’s contention he was acting in self-defense, Henderson disagreed.
“This version is untrue, being a total fabrication created by (Berard) to justify his own excessive use of force and threats to do the same,†Henderson wrote. “If he had actually been in danger, he could have simply jumped out of the way. However, he was solely intent on stopping the ATV by any means including the use of deadly force. He was the provocateur and initiator of unnecessary physical contact with the ATV by reaching out and grabbing the handle bar.â€
After his demotion, Berard sued the town for removing him from the top spot on the town’s list of deputy chief candidates. He has filed for an injunction with the Civil Service Commission, halting the naming of a permanent police chief and deputy chief.
Dolliver was cleared of charges that he tried to strike Berard with his vehicle. Berard, who remains on the force, filed a civil lawsuit in Lowell Superior Court claiming Dolliver deliberately struck him, permanently injuring his hand. He is seeking $86,000 in medical expenses, lost wages and other damages.
Dolliver filed a counterclaim against the officer alleging his rights were violated.
Berard did not return a phone call seeking comment. His 30-day appeal period expires this week. Neither Piendak nor acting Police Chief Kevin Richardson would comment because of pending litigation.
from The Sun