Volusia Sheriff's Sgt. Vickery Driving Drunk?

Investigation Underway After Drunk Deputy Allowed To Get Ride
http://www.wftv.com/news/17878203/detail.html
Monday, November 3, 2008

VOLUSIA COUNTY, Fla. -- When police pulled over an off-duty Volusia County deputy, he reeked of alcohol, had bottles in his truck and openly admitted he was drunk, but he didn't go to jail. Instead, he got to call for a ride.

An anonymous source told Eyewitness News about the double standard and there are now two investigations into the incident. It comes a day before Election Day for Sheriff Ben Johnson, who just weeks ago admitted he has occasionally had a couple drinks and climbed behind the wheel.

It started at an off-beach parking lot where a police officer saw a sheriff sergeant and his girlfriend sleeping under a blanket. He had to yell five times and shake him just to wake him up. A traffic ticket, for failing to maintain a lane, was a Volusia sheriff sergeant's only punishment after he was pulled over in his truck, smelled of alcohol and even failed a field sobriety test.

"The officer made a determination on his own to allow the subject to be driven home," said Det. Max Binz, Ponce Inlet Police Department.

From the first contact on the beach, Ponce Inlet Officer Chris Selander had with Sgt. Ken Vickery, the report said Vickery smelled like alcohol. He was reportedly arrogant and argumentative. Police left him on the beach, only to see him 45 minutes later driving on A-1-A, crossing the lines and swerving onto the shoulder.

"We take DUIs here very seriously. Our officers have discretion. I was not on the scene. I could not say for certain. At this time, we are conducting an Internal Affairs investigation," Binz said.

During the stop, right in front of Ponce Inlet Town Hall, another sheriff sergeant showed up, talked to Vickery and left. The police officer wrote in his report that Vickery was under the influence, but then let him call a friend for a ride and go home.

Sheriff Sergeant Ken Vickery was working Monday. He has not been disciplined before and was just promoted to sergeant this year.

This isn't going to end well. Your time couldn't be worse, Kenny.

You mean "FORMER" Sgt Vickery?

Release of swerving sheriff's sergeant raises questions

November 04, 2008
Daytona Beach News Journal
By LYDA LONGA Staff Writer
http://www.news-journalonline.com/Ne...ST01110408.htm

An off-duty Volusia County sheriff's sergeant who admitted he was too drunk to remember his own tag number avoided a DUI even though he swerved his truck 10 times along Ponce Inlet's main thoroughfare, a police report shows.

Sgt. Kenneth Vickery was never arrested or charged with DUI by Ponce Inlet police Officer Chris Selander during a Sunday morning traffic stop.
Now Vickery and Selander will be the focus of separate internal affairs investigations by their respective agencies.

Officials said Vickery's investigation will focus on his actions when he was stopped in Ponce Inlet; Selander's will examine how he handled the incident when he first encountered Vickery, then watched him sloppily drive his pickup six blocks as he headed north on South Atlantic, the report states.

"We take DUIs very seriously," said Ponce Inlet Investigator Max Binz. "The entire call is under investigation."

Neither Vickery, who works in the sheriff's training division, nor Selander, a patrol officer, will be placed on leave while the queries are conducted. The law enforcement officers did not return telephone calls Monday.

The report Selander turned in details two encounters with Vickery.

At about 1:20 a.m. Sunday and under a steady rain, Selander came upon two people sleeping on the beach at the Oceanview Avenue approach. After the officer's repeated yelling, a woman jumped up, revealing a man lying beside her, the report shows. Selander recognized Vickery.

A "strong" odor of alcohol wafted on Vickery's breath and Selander told the sergeant and his companion, Kristina Settle, to stay on the beach, the report states. Settle was a sheriff's deputy for a short time but did not meet the conditions of her probation, said sheriff's spokesman Gary Davidson. She left the agency in May 2005. But Vickery did not heed Selander's advice.

A while later, Selander, while on patrol, spotted Vickery in his 1999 Ford truck, driving north on South Atlantic.

He saw the truck cross over the white shoulder line on the road three times. Then Vickery swerved onto the grassy shoulder four times. Finally, the sergeant crossed over the double yellow line three times, Selander wrote in his report. Selander stopped Vickery in the 4300 block of South Atlantic and then the officer called Sheriff's Office Sgt. Greg Miles to the scene, but it's unclear why.

In a memo Miles sent to his superiors, he says he spoke to Vickery, but before he left the scene he told Selander "to do whatever he needed to do with this incident," Davidson said.

Selander asked Vickery to perform a field sobriety test. After several refusals, arguments and verbal jabs, Vickery agreed to perform the tests after Selander threatened to arrest him, the report states.

Vickery struggled with the sobriety tests and Selander told him he was drunk and would likely fail a breath-alcohol test, the report shows. He also told the sergeant to call someone and arrange to be picked up. After more arguing on Vickery's part, including a statement by Vickery that Selander had no probable cause to arrest him, he called a friend, the report states.

When Selander told Vickery to sign a liability disclaimer so he could leave his truck in the parking lot at Town Hall, Vickery couldn't handle that either.

As he attempted to write his tag number on the form, he blurted something like, "I'm so drunk, I can't remember my (expletive deleted) tag," Selander said.

In spite of the insults, the weaving and swerving and an admission by Vickery that he was impaired, Selander did not charge him with DUI.

Instead, he gave him a citation for an improper lane change, the report shows.

This is from the News Journal Blog

Speaking of DUI's, Why do cops cover for other cops? Ponce Inlet police stopped a beligerant and drunk driving Volusia County Deputy Sargeant Ken Vickery this saturday night 11-01-08. After Bosco and Miles arrived to watch the investigation (More like influence the outcome) he was let go. Isnt it funny how with an election on tuesday, Johnson would send his croneys down to cover this up. Seeing since Vickery probably thought it was ok to drink and drive since his boss sets the example. Johnson has got to go!!

Hmmmm. Watch Commander Lt. Bosco's and Sgt. Miles' were at the scene?

No watch commanders were anywhere near that call. Let's no start spreading rumors and worry about the facts. I don't think it should be blown up like this. People claim we are corrupt or power abusive when we cut other cops breaks. Think about it, why am I going to screw another Ofc. or Dep. when he might be my backup on a call when the s*** is hitting the fan I like to know that any ofc. that shows up to save my ass isn't the guy I wrote a ticket to or arrested.

No watch commanders were anywhere near that call. Let's no start spreading rumors and worry about the facts. I don't think it should be blown up like this. People claim we are corrupt or power abusive when we cut other cops breaks. Think about it, why am I going to screw another Ofc. or Dep. when he might be my backup on a call when the s*** is hitting the fan I like to know that any ofc. that shows up to save my ass isn't the guy I wrote a ticket to or arrested.

So you think officers should always allow other officers to commit unlawful acts because they might be able to help you in the future?

And a few people mentioned the thing about Lt. Bosco being there. Are you certain no watch commander was there?

Audio In Alleged Deputy DUI Released
Officer Allows Deputy To Go After Failing Test

Click below for video and the audio
http://www.local6.com/news/17924420/detail.html

PONCE INLET, Fla. -- The audio from a traffic stop in which a Volusia County sheriff's deputy was pulled over on suspicion of drunken driving was released Thursday as a multi-agency internal investigation continues.

Ponce Inlet police Officer Chris Selander recently pulled over Volusia County sheriff's Deputy Ken Vickery, who failed a field-sobriety test but was allowed to go home without being arrested.

Vickery was pulled over after swerving outside of the lane in which he was driving 10 times in a six-block area, police said. His girlfriend was in his pickup at the time of the incident.

"Do you feel you're intoxicated?" Selander said.

"No," Vickery said.

"I think you are. We both know the game here. I'm asking you to perform the field-sobriety (test), sergeant. Based upon my training and what Ive seen so far and heard, I have enough probable cause to place you under arrest," Selander said.

"I'm trying to work with you, sergeant. I've never arrested a cop in my life, and I've never given a ticket to a cop in my life. I've been a cop for 10 years, just shy of 10 years. I'm trying to work with you, dude," Selander said. "I would like you to perform a field-sobriety exercise so I can determine if you should drive or whether you need a ride home."

"You are intoxicated, OK. You know as well as I, you've had way too much to drink, judging by the way you're driving and by what I saw in your eyes. You had too much, but I'm going to let you go home. You just got to call somebody. That's all I wanted -- that you do the (field) exercise. You've had too much to drink, sergeant," Selander said. "So get your cell phone, call a friend to get you and your girlfriend and your truck, and you can go home."

"I'm not in the mood to put my job on the line for 13 years of law enforcement," Vickery said.

"But you're doing that now. You're doing that now," Selander said.

On the audiotape, Vickery is heard admitting to being drunk and said he tried to sober up after spending time on the beach.

Neither law enforcement officer has been disciplined, and the investigation into the incident is expected to be completed next week.

No watch commanders were anywhere near that call. Let's no start spreading rumors and worry about the facts. I don't think it should be blown up like this. People claim we are corrupt or power abusive when we cut other cops breaks. Think about it, why am I going to screw another Ofc. or Dep. when he might be my backup on a call when the s*** is hitting the fan I like to know that any ofc. that shows up to save my ass isn't the guy I wrote a ticket to or arrested.

So you think officers should always allow other officers to commit unlawful acts because they might be able to help you in the future?

And a few people mentioned the thing about Lt. Bosco being there. Are you certain no watch commander was there?

Come on now dude. Did I say anything about "always" cutting other leos breaks? To assume that I would feel that way is ignorant. As for the answer to your second question, I am 100% positive that the Lt. was not there.

Deputy, officer argue over DUI stop
Ponce cop heard trying to help county sergeant

http://www.news-journalonline.com/Ne...AD03110808.htm
By EILEEN ZAFFIRO
Staff Writer

A Ponce Inlet police officer who pulled over an off-duty Volusia County sheriff's deputy on suspicion of drunken driving last weekend was apparently trying to help his fellow law enforcement officer, an audiotape of the traffic stop reveals.

"(Sheriff's) Sgt. Greg Miles is going to come and get you," Officer Chris Selander is heard saying on the tape he made early Sunday morning. "I'm not going to arrest you. You can relax. You know you've been drinking probably a little too much. I saw the alcohol in the car. I can smell it."

A short while later on the 45-minute tape, Selander goes on to say, "You're a sergeant now. You get to keep your job, and that's your career."

But the deputy, Sgt. Kenneth Vickery, still seemed intent on arguing he hadn't done anything wrong and repeatedly raised Selander's ire as the pair stood in the 4300 block of South Atlantic Avenue. Vickery, who works in the sheriff's training division, insisted he hadn't crossed any lines on the road, hadn't swerved and wasn't speeding.

"You ran off the road, and, now, you're basically calling me a liar," said Selander, a patrol officer. "I didn't have to do any of this. You could be sitting in that jail right now. You still can."

Selander reminded Vickery he had seen him earlier that night on the beach at the Oceanview Avenue approach and smelled alcohol on his breath then. But Vickery also argued about what happened on the beach, saying he was only drinking soda and that he and his girlfriend fell asleep there, despite a steady rain.

"She wasn't passed out. I wasn't passed out. We were sleeping," Vickery said on the tape.

Selander asked Vickery how many drinks he'd had that night, and there was a long pause of silence.

"Before I got in my truck or after I got in my truck?" Vickery finally responded.

Later, he insisted he'd pass the breath-alcohol test.

The conversation continued to switch from calm to arguing.

At one heated moment, Selander said, "You'll be lucky if you have a job after this. Now, sign the ticket, keep your mouth shut and go home."

At another angry moment Selander said, "I think you want to go to jail. I'm tired of your attitude. . . . You don't even act like a police officer. You don't even act like a sergeant."

Vickery responded: "I don't know why I'm getting my (expletive) kicked."

"Because of the way you're talking," Selander said. "You know how to talk to a police officer whether you want to or not. . . . You're trying to manipulate words."

Vickery apologized, but Selander was still worked up.

"Yeah, you can apologize in my jail cell," Selander said. "I'm getting real tired. You can still get a bunch of tickets. So change your attitude real quick because this whole thing is being recorded. I'm going to document everything."

When all was said and done, Vickery was cited only for an improper lane change.

Neither Vickery nor Selander have been placed on leave while separate internal affairs investigations are conducted by their respective agencies.