This story is part three of a three-part series, Silence: Different Rules for Different Officers
Throughout the week, FOX 13 News has been investigating how the Salt Lake City Police Department follows different rules for different officers when they’re placed under investigation.
More than a dozen current and former employees have told FOX 13 News they believe the issue has plagued the department for years.
SLCPD Captain Stefhan Bennett was accused of disorderly conduct and witness tampering in July after an incident at a bar in Cottonwood Heights.
SLCPD Captain John Beener was accused of vehicle registration fraud after a traffic stop in June by the West Bountiful Police Department.
They are two of the department’s highest-ranked officers, but Chief Mike Brown refuses to admit they’re still on the payroll.
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
First excuse
A spokesperson for Chief Brown stepped in to prevent him from answering questions about the case on December 8, 2022.
“No, we’re actually talking to Adam Herbets about that,” said Communications Director Brent Weisberg.
“Is there anything else you can tell us?”
“No,” Chief Brown responded. "No."
Wait a second... Is there another journalist named Adam Herbets at @FOX13 that I don't know about? pic.twitter.com/we4svkLcV6
— Adam Herbets (@AdamHerbets) March 22, 2023
Second excuse
Rather than "talking to Adam Herbets," the spokesperson sent an email:
“Salt Lake City and the Salt Lake City Police Department do not comment on employment matters.”
That statement is also not true.
FOX 13 News has found dozens of cases in which the department comments on employment matters.
The following examples are not comprehensive:
SLCPD routinely confirms officers are placed on paid administrative leave after an officer-involved shooting.
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.”
Nine months. No answers. No transparency. @SLCPD refuses to acknowledge two of their most powerful officers are under investigation.
— Adam Herbets (@AdamHerbets) March 23, 2023
𝐅𝐎𝐗 𝟏𝟑 𝐈𝐧𝐯𝐞𝐬𝐭𝐢𝐠𝐚𝐭𝐞𝐬: 𝐃𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐭 𝐑𝐮𝐥𝐞𝐬 𝐟𝐨𝐫 𝐃𝐢𝐟𝐟𝐞𝐫𝐞𝐧𝐭 𝐎𝐟𝐟𝐢𝐜𝐞𝐫𝐬https://t.co/B5hsrcGJug
Chief Brown sent a memo to staff announcing Officer Jeffrey Loosle was placed on leave in 2022.
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.”
The department announced it placed placed two officers on leave in 2017 after the arrest of a University of Utah nurse.
Chief Brown announced he was placing Deputy Chief Krista Dunn on administrative leave for an undisclosed reason in 2015.
"The police department takes allegations of misconduct very seriously," he wrote at the time. "Consistent with the department’s administrative practices regarding this type of allegation, she has been placed on leave pending the conclusion of the investigation.”
The city has given multiple interviews and press conferences to address K9 officers on administrative leave, including Officer Nickolas Pearce who was charged criminally.
"We have found a number of cases we believe merit further review and investigation," said Chief Brown at the time. "Those cases have been referred to the District Attorney's Office, the department's internal affairs unit, and the Civilian Review Board... The Salt Lake City Police Department’s K-9 Apprehension Program remains suspended indefinitely."
"We will work tirelessly to rebuild your trust, Salt Lake City, and we will never tolerate such abuse of power again," said Mayor Erin Mendenhall.
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
"Political" and "punitive"
Rich Lewis, a retired SLCPD captain who oversaw the department's K-9 unit, was also placed on leave — he says because of an argument he had with Chief Brown about Officer Pearce being charged.
Some of the K-9 bites under investigation by SLCPD had other captains in charge at the time, but Lewis was the only captain placed on administrative leave.
"It was really frustrating the last few years of the decision-making process in the department, especially in internal affairs matters," Lewis said. "If (Pearce) is going to be charged, we should call him. I was upset. I used some harsh words in that meeting... I was on leave for 6.5 months, and in that time I think they interviewed me one time."
"It was about an hour, maybe an hour and a half... The public spent 60+ thousand dollars of me not coming into work. It was something that could have been taken care of in a day."
Lewis was cleared.
He said it's obvious the chief makes "different rules for different officers" by handpicking which cases are made public.
"It's the flavor of the day, so to speak," Lewis said. "My personal opinion is the ones that they tell the public are because they're doing it the right way... It's not fair, and it's not consistent."
Rich Lewis, a retired @SLCPD captain, is one of many who say Chief Mike Brown follows different rules for different officers.
— Adam Herbets (@AdamHerbets) March 24, 2023
He worked several stints in internal affairs. pic.twitter.com/GSh1YUJP0x
Lewis also had several stints working in internal affairs: twice as a detective, once as a sergeant, once as a lieutenant, and once as a captain.
He said Chief Brown refusing to acknowledge whether an officer still works for the department or is on leave is detrimental to both the employee and the public trust.
"It's a public record," Lewis said. "This is their livelihood and their job... It should be fair, and it should be impartial, and it should be consistent."
Instead, Lewis described the SLCPD internal affairs process under Chief Brown as "political" and "punitive."
Lewis said he has a positive opinion of both Captain Beener and Captain Bennett. He believes SLCPD is declining to acknowledge their cases because they are sometimes known to have heated disagreements with Chief Brown.
"I’ve been friends with them.. I've never been friends outside of work with them," Lewis said. "If they’ve made a mistake, they made a mistake. If they can fix it, just fix it and move on. I don’t know why it takes so long to do this."
LaMar Ewell, who recently retired as deputy chief, expressed disappointment in Chief Brown's handling of internal affairs investigations.
"(Chief Brown) really is a worrier... I don't know what changed with the media," Ewell said. "The only thing I can say is that we have a new communications director. We haven't had any policy changes or anything."
Lewis said he would like to see Chief Brown retire.
"In my opinion, we haven't evolved," Lewis said. "It might be time for a change, and I hate to say that because we used to be friends. He is a nice guy. He has done some good, but I think that the officers have lost faith in his leadership."
In 2020, the union representing SLCPD officers took a “vote of no confidence” in the chief.
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.
Six more officers under investigation
Shortly before this story was published, FOX 13 News learned five officers + one sergeant were placed on administrative leave and under investigation this year in response to a use-of-force incident in 2019.
We are still trying to learn more information. As always, we have asked SLCPD for transparency.
Stay with FOX 13 News for more information on this developing story as we wait to see how the department chooses to handle it.