This story is part two of a three-part series, Silence: Different Rules for Different Officers
SALT LAKE CITY — Two of the highest-ranked officers in the Salt Lake City Police Department have been under investigation since last summer, but Chief Mike Brown refuses to acknowledge it.
On Tuesday, FOX 13 Investigates exposed details surrounding the criminal and internal affairs investigations of Captain Stefhan Bennett, who is accused of disorderly conduct and witness tampering after an incident at a restaurant in Cottonwood Heights on July 1, 2022.
Weeks earlier, the West Bountiful Police Department opened a criminal investigation into another SLCPD captain, John Beener.
Prosecutors declined to file charges against Captain Beener despite indicating they believe there was a high likelihood of wrongdoing.
Nine months later, the SLCPD internal affairs investigation is still active.
Chief Brown and his four deputy chiefs are the only officers who wield more power than an SLCPD captain.
The department has declined to answer questions about either investigation, prompting some to ask why Chief Brown enforces “different rules for different officers.”
These officers are scared of losing their jobs.
— Adam Herbets (@AdamHerbets) March 23, 2023
Some say there's a "witch hunt" to find out who is providing us (public) information.
Some have been questioned or falsely accused of speaking with me.
This is not the way @SLCPD was operated when I moved here in 2019.
June 12, 2022
Captain Beener is one of SLCPD’s longest-tenured officers.
An officer with the West Bountiful Police Department pulled over his stepson on June 12, 2022 for driving 91 miles per hour. He did not have a valid license or registration.
“So, without looking at the plate, when does this vehicle expire?” the officer asked.
“This vehicle is pretty far expired,” he responded.
When the officer typed information into his computer, he found the 2022 registration decal is supposed to belong to a Salt Lake City vehicle.
The suspect stated his stepdad, Captain Beener, is an SLCPD officer who placed the 2022 decal on the stepson’s license plate to avoid the car being pulled over.
“I think that sticker is from another vehicle of his or whatever, and he put it on because we had planned on – we had planned on getting the emissions done,” he said.
This traffic stop was on June 12, 2022.
— Adam Herbets (@AdamHerbets) March 23, 2023
The driver is SLCPD Captain John Beener's stepson.
Based on this interview, @WestBountifulPD opened a criminal investigation against dad. pic.twitter.com/2zArqrrNrX
“So you wouldn’t get pulled over? That’s John?” the officer asked.
“Yeah,” the suspect responded.
“Oh, okay,” the officer said. “And you didn’t put it on there? You’re just aware that he put it on there?”
The suspect nodded.
“Your stepdad is John Beener, right?” the officer asked.
“John Beener from Salt Lake City,” the suspect responded. “Yeah.”
“And he works for Salt Lake PD?” the officer asked. “Is that what you were saying?”
“Yeah,” the suspect answered.
From there, the case turned from a routine traffic stop to a criminal investigation into vehicle registration fraud.
Search warrants
Chief Brandon Erekson of the West Bountiful Police Department said his officers did not treat the case any differently just because Captain Beener works in law enforcement.
He called Chief Brown as a courtesy, letting SLCPD know about the criminal investigation.
“Is there any reason to believe (Captain Beener’s stepson) was lying during that traffic stop?” asked FOX 13 News investigative reporter Adam Herbets.
“We’re a neutral third party,” Chief Erekson said. “We just take the facts as we see them.”
This first message was sent to Captain John Beener on November 7, 2021... about seven months prior to his son's traffic stop.
— Adam Herbets (@AdamHerbets) March 23, 2023
Abut a month later, he messaged the fleet manager at @SLCPD asking for a new 2022 registration sticker. pic.twitter.com/dLi3m6kJFO
The West Bountiful Police Department secured a search warrant for both of Captain Beener’s phones and reviewed text messages.
Captain Beener chose not to speak with detectives and, according to text messages, advised his son to do the same if investigators came back with additional questions.
The search warrant revealed Captain Beener was talking to his stepson on the phone at various points during the traffic stop.
Seven months prior to the traffic stop, records show Captain Beener received the following message from his stepson:
“thank u for the stickers on the fusion thank u for letting me take the fusion I made sure and will try to make sure I got speed limit always .”
Months later, Captain Beener sent a message to a manager with SLCPD asking for a new registration sticker for his police vehicle:
“I’ve been looking for it everywhere and have come to believe I must’ve accidentally thrown it in the shredder bin with some other paperwork a few weeks back?”
The department issued him a new sticker.
Kyle Jeffries, a retired detective with the Clearfield Police Department, agreed to review the case file for FOX 13 News as a neutral third party.
“They have every right not to talk,” Jeffries said. “It obviously wasn’t a very bright thing for the kid to say because it’s going to get his dad in trouble.”
Jeffries said the text messages obtained by West Bountiful PD are “kind of sketchy,” but likely not enough evidence for prosecutors to take the case to trial.
“I mean, it doesn’t look good. At face value, it doesn’t look good, but at the same time, who knows what actually happened?” Jeffries said. “Who knows what the kid was thinking?”
Prosecutors decline to file charges
Investigators never received a direct explanation from Captain Beener, but they did find a long, detailed note on his phone explaining how his stepson must have accidentally grabbed the sticker off the kitchen counter thinking it was his.
Both cars are Ford Fusions.
“I do believe that (Captain Beener) probably wrote (that note) after the traffic stop, but whether that was intentionally for us to find? I’m not going to speculate on that,” said Chief Erekson.
Kaysville City Attorney Nic Mills wrote that he believes “it is highly likely” that Captain Beener placed the registration decal on his stepson's car.
Still, his office declined to file criminal charges because he felt Captain Beener’s stepson might not cooperate. As a witness, the stepson could take back what he said, and it would be difficult to prove criminal intent.
Captain Beener was on paid administrative leave for more than six months.
— Adam Herbets (@AdamHerbets) March 23, 2023
His internal affairs investigation has been open for more than nine months.
He made $207,776.20 in wages + benefits in 2022. pic.twitter.com/Ye4YEhaMjV
SLCPD opens case but stays silent
Captain Beener was placed on paid administrative leave for approximately six months.
He was eventually taken off leave but is still facing an internal affairs investigation to determine whether he violated SLCPD policy.
SLCPD has refused to comment on the case or acknowledge its existence.
“As far as letting the public know that something’s going on? Yeah, let them know something’s going on, and you’re going to figure it out, and you’re going to follow through, and here’s the answer in the end. That’s what I would expect,” Jeffries said.
According to Chief Erekson, the officer would have likely been fired by now if he worked for the West Bountiful Police Department rather than SLCPD.
In an email, SLCPD stated it does not comment on personnel matters.
The department would not even confirm if Captain Beener still works for SLCPD.
Public records show Captain Beener received $207,776.20 last year in wages and benefits. As a government employee, his salary is funded by taxpayers.
The day after FOX 13 News requested an interview with Chief Brown to discuss the case, several sources within the department stated Captain Beener was placed back on leave.
In anticipation of this story being published, Captain Beener reached out to FOX 13 News. Because of the ongoing internal affairs investigation, he said he is still deciding whether he wants to do an on-camera interview to discuss the case.
“If you do want to go talk to the press and clear your name, sometimes you’re ordered not to,” Jeffries said. “That’s just the way it is.”
The Salt Lake City Police Department does not want the public to know that two of its highest-ranking officers are under investigation.
— Adam Herbets (@AdamHerbets) March 22, 2023
𝐅𝐎𝐗 𝟏𝟑 𝐈𝐧𝐯𝐞𝐬𝐭𝐢𝐠𝐚𝐭𝐞𝐬: 𝐃𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐭 𝐑𝐮𝐥𝐞𝐬 𝐟𝐨𝐫 𝐃𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐭 𝐎𝐟𝐟𝐢𝐜𝐞𝐫𝐬https://t.co/CzE6TX8caS
Inconsistency
The secrecy surrounding Captain Beener’s case is not consistent with other SLCPD internal affairs investigations.
Despite the department insisting it does not comment on personnel matters, Mayor Erin Mendenhall and Chief Brown have held press conferences to announce ongoing investigations of officers in some cases.
In 2022, Chief Brown conducted interviews with FOX 13 News to discuss the ongoing internal affairs investigations of Officer Ian Anderson and Officer Jadah Brown.
“I know these officers. These are great officers,” Chief Brown said at the time. “I stand by these officers and what they did that day.”
“Our officers we believe did as they were trained,” Mayor Mendenhall said at the time. “We still stand by (the officers) while acknowledging that deeper investigations are taking place.”
In 2023, the department released a statement to FOX 13 News, confirming it placed Officer Thomas Caygle on administrative leave and opened an investigation.
“Our community expects the very best of its police officers at all times, including when off-duty and on personal time,” Chief Brown said at the time. “In reviewing the information and materials I’ve received so far, I am concerned and disappointed by this incident.”
According to Jeffries, when departments like SLCPD fail to communicate with consistency, it does not benefit them, it does not benefit the public, and it does not benefit the officer whose reputation is at stake.
“I don’t see why there would be a problem saying (Captain Beener) still works here,” Jeffries said.
Chief Brown, through his spokesperson, emailed a statement to FOX 13 News on March 21, 2023 in anticipation of this story being published.
“As Chief of Police, I am committed to responsible transparency in all matters," he wrote in part. "Ensuring personnel issues are consistently, fairly, and thoroughly investigated is of paramount importance to me, department employees, and the public we serve.”
Chief Brown did not specify why the release of public information surrounding Captain Bennett and Captain Beener is not being handled consistently with other cases.
Instead, he stated "the release of some information or providing details about a case in the middle of an ongoing investigation could potentially jeopardize the reliability or credibility of that proceeding."
According to Jeffries, at the very least, government agencies are expected to release information to the public that is a matter of public record. This would include informing the public when an employee is on leave or whether an employee is still working for the agency.