Pubdate: Thu, 21 Mar 2002
Source: Kansas City Star (MO)
Copyright: 2002 The Kansas City Star
Contact:  http://www.kcstar.com/
Details: http://www.mapinc.org/media/221
Author: Mark Morris

INDEPENDENCE POLICE OFFICER, BROTHER CHARGED IN DRUG CONSPIRACY

An Independence police officer and his brother were charged Wednesday in 
U.S. District Court with conspiring to shake down narcotics dealers for 
drugs and money.

The charges against Patrolman Brian C. McGarr and Scott A. McGarr, an 
ex-police officer, culminated a six-week sting operation coordinated by the 
FBI in cooperation with the Kansas City and Independence police departments.

"The officer planned to steal drugs and money from drug dealers," said FBI 
spokesman Jeff Lanza.

Both men were charged with a single count of conspiracy to commit robbery. 
They face up to 20 years in prison if convicted. The case still must go 
before a federal grand jury, where other charges could be added.

Brian McGarr, 42, was ordered held without bail pending a hearing Monday. 
His brother was being held Wednesday in the Jackson County Jail on 
unrelated theft charges. Scott McGarr is expected to make a federal court 
appearance in Kansas City as early as today.

According to court records, Kansas City officers videotaped Brian McGarr as 
he used a rock to smash a car window and steal $6,700 in "drug money" that 
federal agents had planted for him to steal.

Agents also spotted Scott McGarr, 41, cruising an Independence parking lot 
earlier this week apparently looking for two undercover FBI agents who were 
posing as drug couriers and carrying $10,000. That sting was called off 
because agents feared it could become violent.

"(Scott McGarr) was known to law enforcement as a potentially violent 
individual...(so) the female undercover FBI agents were removed from the 
area for their safety," according to court records.

Independence police said Brian McGarr was suspended without pay Tuesday. He 
will be terminated in about 10 days, said police spokesman Bill Pross.

"He has tarnished his image, but he has not tarnished the reputation and 
image of police officers," Pross said.

The investigation began Feb. 7, when officers with the Kansas City Police 
Department's gang squad learned from an informant that Brian McGarr was 
asking for help in identifying drug dealers from whom he could steal drugs 
and cash, according to court records.

Brian McGarr had come under similar scrutiny in 1998. However, charges were 
never brought because a witness declined to cooperate, court records stated.

Through the informant, agents told Brian McGarr that a car containing drug 
money would be parked at a Noland Road motel on Feb. 22. That night, Brian 
McGarr took two hours leave from his patrol duties and parked near the 
undercover car.

After watching the car for nearly 45 minutes, Brian McGarr picked up a 
large rock, broke the front passenger side window, and took a diaper bag 
containing the $6,700, according to court records.

He then took the money to his home and returned to work and later gave the 
informant $3,000 from the bag, according to an affidavit prepared by FBI 
agent Kimberly F. Brunell.

Earlier this month, the informant called Brian McGarr to tell him of two 
drug couriers who would be in another Independence parking lot, waiting to 
hand off drug money to an accomplice.

On Monday evening, Brian McGarr pulled up behind two undercover FBI agents. 
McGarr approached them, but decided not to go ahead with the robbery after 
another Independence police officer pulled up, the affidavit stated.

Leaving the agents in the parking lot, McGarr then phoned his brother to 
give him the opportunity to rob them, court records show. As the agents 
attempted to leave, they watched Scott McGarr as he drove into the parking 
lot and searched for the car. Officers identified Scott McGarr as he 
stopped to use pay telephones.

Brian McGarr was arrested Tuesday, when he appeared at the Independence 
Police Department to begin his 6 p.m. shift. He agreed to speak with agents 
and later gave them permission to search his Independence apartment. There 
officers recovered some of the money taken from the February sting operation.

Scott McGarr was arrested Wednesday at his Lee's Summit apartment, where 
officers seized several shotguns.

Before joining the Independence Police Department in 1996, Brian McGarr 
served for a year as an officer at Kansas City International Airport. He 
worked as a hospital security officer before that, Independence police said.

Scott McGarr worked for the Kansas City Police Department in 1990 and 1991 
and the Independence department from December 1991 to December 1992. Pross 
said Scott McGarr was terminated for violating department policy.

"He had difficulty in following basic policies and procedures," Pross said.

The Star's Linda Man and Christine Vendel contributed to this report.
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