Pubdate: Fri, 25 Jun 2004
Source: Chickasha Express-Star (OK)
Copyright: 2004 The Chickasha Express-Star
Contact:  http://www.mapinc.org/media/806
Website: http://www.chickashanews.com/
Author: Kent Bush

CITY, DA CLASH OVER ACCUSED OFFICER

Public intoxication and possession of marijuana are normally crimes 
prosecuted by the Grady County District Attorney's office. But recently, 
Assistant District Attorney Bret Burns declined to file charges against two 
men arrested and jailed for those crimes.

Burns did not doubt the men were guilty. He doubted the reliability of the 
arresting officer from the Chickasha Police Department.

Burns said his doubt was brought about by an investigation recently 
completed by his office. DA investigator Austin Green spent several weeks 
examining claims made by the estranged wife of Sergeant Shanon McClain.

In fact, Burns has said on several occasions that he will not prosecute any 
violation in which McClain will have to be a witness for the state.

"In the future, we will not prosecute any case if Shanon McClain is a 
police witness because we do not want to vouch for his credibility or 
honesty," Burns recently wrote in a letter to Chickasha Police Chief Lynn 
Williams. "In addition, we do not want him in our office where he might be 
privy to confidential investigative communications or material."

So far the cases declined by the DA's office have been minor, but what 
would happen if Sgt. McClain is a witness in a major case?

"I hope and pray that they don't put him in that situation where he 
jeopardizes a serious case," Burns said Wednesday.

But McClain has not been demoted, and none of his responsibilities have 
been reduced due to the DA's investigation.

Because the matter is a personnel issue, all Chickasha City Manager Larry 
Shelton could say was that "the city has taken appropriate action as 
necessary."

One reason McClain was not demoted or fired is that no charges were ever 
filed against him.

McClain is accused of several inappropriate actions. Those include:

• Parking his patrol unit in the alley behind his estranged wife's home;

• Sneaking onto the porch of that home and using his department-issued tape 
recorder to record a conversation between his estranged wife and two of her 
friends;

• Calling his in-laws in the very early morning hours (about 3:30 a.m.) to 
discuss the matter and offer to play the contents of the tape he had made; and

• Harassing Mrs. McClain and a friend by calling in their vehicle tag 
number and having his officers initiate traffic stops on their vehicles.

Adding to the seriousness of these allegations is that all of the actions 
are said to have happened while McClain was on duty, when he should have 
been on patrol.

City officials said the situation would have been handled differently if 
criminal charges had ever been brought against McClain.

But Burns said his case was undercut by McClain evoking his right to remain 
silent and by the reluctance of his estranged wife to become a witness in 
such a case. Burns said a case with limited evidence against an officer of 
the law would have been very difficult to argue successfully.

"And arguing that case would have cast a shadow over the entire department 
whether we got a conviction or not," Burns said Wednesday. "It just wasn't 
worth it to file charges."

In his letter to Chief Williams, Burns wrote, " It is our position that the 
Chickasha Police Department can handle this situation in an appropriate 
manner without our office filing criminal charges."

McClain did submit to interviews during the police department's internal 
investigation.

He reportedly admitted to being in the alley behind the home, but said he 
was merely playing with his dog, which was still in the back yard. He said 
he called in the tag number of the vehicle carrying his estranged wife and 
a friend because of traffic violations, not knowing who the occupants were 
at the time of the traffic stop.

He also denied ever telling officers under his supervision to harass his 
estranged wife. He did reportedly tell the officers that he and his wife 
were separated, and that if they had contact with her, she was to be 
treated like any other person.

The situation advanced to the point that Mrs. McClain felt it was necessary 
to apply for a temporary restraining order. But she dropped the restraining 
order before it became a more permanent victim's protective order.

According to the investigation, several officers who work under McClain's 
supervision said that he had asked them how to get around Windows XP 
without a password, and had even talked about acquiring "spyware," which 
might allow him to read his estranged wife's e-mail or have it sent to his 
computer. Coincidentally, Mrs. McClain reported that someone had broken 
into her home and gone through her trash cans. Burns said she also feared 
someone had "messed around" with her computer.

No arrests have been made concerning the burglary report at the residence, 
and McClain is not listed as a suspect on the report.

Chief Williams said he wished that if Burns suspects McClain of criminal 
activity, that he would charge McClain and let Williams and the department 
respond to those charges.

But Burns answers that he "shouldn't always have to be the bad guy. They 
have to take care of their own problem. It causes a perception problem if I 
put a cop on trial. It hurts every other case I have because of how it 
makes their department look. This is an internal problem and they should 
handle it."

Criminal charges are still possible in the case, albeit unlikely.

The police department is not currently considering any further disciplinary 
action against McClain.
- ---
MAP posted-by: Jo-D