- Had a career ruined because Cmdr. Shovlin (whose Husband is in Bellevue PD) used CPT. Hershey to initiate a baseless investigation. Result? Lawsuit.
So What About Formal Standards FS-13-003??
As a LIEUTENANT, CAPTAIN HERSHEY was the subject of a Formal Standards investigation regarding his role investigating a complaint involving OFC MARCELLA FOGG of REDMOND POLICE DEPARTMENT.
http://www.redmond-reporter.com/news/212413251.html
http://www.redmond-reporter.com/news/206983641.html
RPD colleague OFFICER TODD BOWMAN spread rumors about Fogg engaging in a relationship with a minor and having a relationship with another man while she and her husband were going through a divorce.
The rumors got reported to the department via a ANONYMOUS tip (by BOWMAN) to King 5 Investigators, who filed a request for more information, allowing CMD Shari Shovlin to proceed with a plan to ruin Marcella Fogg's career -- out of petty jealousy! WOW!
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"Arpin: So…so in your….in the complaint you stated that on August 23rd, 2012, that Redmond Commander Shari Shovlin drove over to Bellevue to meet with Lieutenant Hershey and Detective Robert Thompson, and to expressly request an outside an outside agency assist for a very serious criminal allegation against you.So would you please summarize for us what your complaint against Jim Hershey.
Fogg: Redmond was doing some non-ethical code of conduct issues and providing false information to Bellevue. Commander Shovlin went August 23rd, 2012 and she delivered a false police report to you. And there was no reasonable suspicion, there was no basis, there was no witnesses, there was no victim, there was nothing. And somehow it turned into a criminal investigation and this is completely inappropriate for it to have gone there based off of zero. You know like start at zero, end in a criminal report. Not…we’re not talking about unfounded, that’s not the point. The point is that something from zero status became a criminal investigation. The way I’m trained, how we’re updated and trained, how the academy trains, and everybody who’s seen that report, the major question is how the heck did this happen. You know….how did this go? Nobody would take this kind of report. And then after seeing the report myself, only having seen it because the police department illegally released it and I found out that they illegally released it so I said, well…..rules are rules but if you illegally released it, I need to see it. So after I saw it is when I discovered..
A: Bellevue illegally released it?
F: No. Redmond illegally released it.
A: Redmond. Okay, thank you.
F: Yes. And it’s kind of a complicated story but after it was illegally released and then I was able to read it after 2013 and realized the scope of the fictitious nature of it. And then that’s when we were able to analyze it and think well….how can this be. There was some major holes in what was going on. The case report narrative was removed by Lieutenant Hershey. I was talking to Detective Thompson about it near the end of the year last year, and he said “Well that’s funny cause I closed the case. I don’t know why it’s showing open” And I said, “No the case is still open so as far as I know.Why is there an open criminal investigation on me?” And I called him back again and he said, “No. I closed it September 12th you know as dated on the police report.” And so he said if anybody kept it open, it’s Hershey.
A: So what I’m looking for what your specifically accusing then Lieutenant Jim Hershey of doing, I guess is what I’m looking for.
F: Well, gosh…I mean. I haven’t scoured your CALEA regulations. I mean…..my….my attorney has but I mean you got conduct unbecoming, you have negligence, you have all kinds of things that I mean if I look through your code book I could probably find things, just like I’ve done here. I mean essentially, you’ve provided a false police report…you know. It’s based off of nothing that’s factual. It’s not very becoming of somebody to….especially, somebody like Hershey. I mean he’s solving cold cases, you know,.like somebody who solves cold cases knows what the social sandbox is, how they teach at the academy. We know what probable cause…..before that, we know what reasonable suspicion is and before that, we know what a social stop is, which is essentially what that case was that turned into a criminal. Essentially, we have [Hershey] who’s probably a brilliant detective if he’s doing the kind of work he’s doing. But you’ve got somebody with all this experience and knowledge and all this stuff, taking a social contact and making it a criminal police report. So I mean you got the few policies that I mention to you but if I scoured through your website I’m sure I could find a few more. You used to see people, civilians suing over far less than that, over false reporting and stuff. And so this has caused a great deal of damage to my career. I’m….you guys well are aware of stacking and things put in your file, even if they’re unfounded. Maybe Lieutenant Hershey, I don’t know him, maybe he didn’t do it as the same malicious intent as….as our Commander did, who came over there and Chief who supported that, but it still happened. They still caused immense problems and now I have to deal with this and it’s completely unfair.
"While I was pregnant, I found out through a retired commander, Captain Lorna Riener, from Kent PD, she had retired about three years ago; that there was an officer here who had recently got demoted for sexual harassment. He was denied employment at Kent because he admitted during a background investigation that he a sexual relationship with an eleven year old while in Thailand in the Peace Corps for two years. And she said, “My God, you gotta turn this person in.” And said, you need to report….. I didn’t know he was still in law enforcement. So I turned him in the first part of August and I turned it in and said, “Hey I have this information he admitted in this polygraph that he basically committed rape against a child for two years consistently.”
He resigned the next day.
And so I explained this to him and he even put that in your report, that he asked me why you think they’re doing this. And it’s in direct retaliation of turning him in. He resigned the next day, he left.
I found out now in 2013 it was very traumatizing. Nobody told anybody. He just left. You know….he had no plans immediately of leaving. He had been there I think almost 20 years, around that time. He’s a senior person. It was a shock to everybody and everything went into chaos mode according to everybody here, when that happened cause I was gone.
A: Okay. So…..cause you bring it up. So how….how do you know that Lieutenant Hershey and Commander Shovlin have a…are very close personally?
F: Through other staff that know her and him throughout the years. I mean through other people who’ve left the police department who’ve been on 23 years or so have said, oh yeah…..they’re very close. I mean her….her ex-husband works for you guys. People know that she’s close to Bellevue because of that. She knows people there, she knows her husband and…..
Arpin: Yeah. And….and I’ll agree with you that….cause I know that for a fact as well. That you know…her ex-husband works for the Bellevue PD and she does know people over there but I guess what I’m getting at is how do we know….or how do you know that they….cause you state that they have a very close personal relationship so how do we know that that exists? Do you have any personal knowledge of that?
F: Just through those employees
A: In your complaint you stated that Lieutenant Hershey "Failed to ask even basic questions that you would think and should be ask when presented with a situation where a criminal allegation was…was based."
F: Let me get the Bellevue Police report so I can assist in this.
A: Well I guess what I’m asking is…. what knowledge do you have of the questions Lieutenant Hershey asked or did not ask of Commander Shovlin when he was present?
F: Well I can give you some examples.. If this were my case and somebody came to me with little to zero evidence, like this was here, I would ask these questions...
A: What I’m getting at is…..
F: Don’t you think you’d ask? You’re a detective.
A: What I’m saying is, is it possible that he did ask some of those questions and got an answer?
F: Thompson would have put it in here. It’s not in here. He would have put it here, based on the way he did that report. And he didn’t tell me that that happened. You know….
A: Okay.
F: He didn’t tell me…
K: Did you ask him?
F: I don’t remember. I mean I asked him about all this stuff you know. And I mean it’s clearly in here, she says these things. If he’d have asked her, she would have had to say answers that would have been contradictory to the actual stuff that’s written on here; like have you talked to the family?
A: I guess that’s part of what I’m getting at is it is possible that Lieutenant Hershey could have had other conversations with Commander Shovlin outside of Detective Thompson being there.
F: Right, right.
A: Is that correct?
F: Yes, because...
A: And he may have asked some of these things and may have gotten answers. I…I don’t know. We have not talked to him.
F: I don’t know. Then why isn’t in the official criminal investigation on the police documentation?
A: Right.
F: Because the court will ask you well where’s those conversations then? This is a….if you’re gonna look at it, this is a very serious Class A Felony you’re talking about. Where is that conversation? Why isn’t it documented? Because the courts are gonna ask that. Where is it? Well, why wouldn’t you find that very critical to put down on paper? So he would have had to document that if….for this really criminal element to…..I mean at that time if he had actually asked her that, Thompson hadn’t concluded this investigation yet. So he would have had that conversation the beginning like Thompson said. She came, she said, she went. Then I went and investigated because that’s the date here. This is August 23rd. The rest of his investigation happened days later, September 5th and on. So if he had asked her that stuff, where’s that conversation?
A: Okay.
F: He didn’t ask for that because this happened. It wouldn’t have happened had he found out, oh yeah you found out that all this is bunk because you actually talked to the victim’s mother who said no way. We love Here’s the commendation letter. The juvenile’s, in fact, working here because we’re….they asked her for her recommendation, then…then appointed him here. I’m assuming Hershey would have said, "Why are…..why are we here Shari?" That’s what we should have said. Why are….why are we here.
A: Okay.
F: I mean because unless she flat out said, Oh no. I didn’t talk to Mrs. Because she actually did and Mrs. confirmed that to me and my attorney that they did speak in June. So…and Commander Shovlin asked her about these so called rumors that she made up. And Mrs. immediately said “Oh my gosh, I’m irritated.” Just like it says in here, the family you know was disgusted and irritated about the allegations
A: Can you describe a little bit, your relationship with Redmond Commander Shari Shovlin?
F: We don’t have a relationship. I know that in 2009 she was very bitter about the fact that she couldn’t run the undercover program, according to Detective Howerton at the time, whose moved on to another agency.I mean here I’m sitting in my FTO office, all of a sudden this commander, who I never worked with, but it’s the same person who I had warnings from…from Howerton, say flipping out at me. And so I went in there after he had calmed her down and she says, “Oh, it was just a misunderstanding.” And I’m thinking there’s something not right about that. You know…..I….I was warned by Howerton and now you’re…..you’re all up in arms about an application I never even put in. I had applied for Auburn, but that was 2012. It was two years later. So as far as relationship, I mean I was warned about her in 2012. She lost her temper over something that didn’t happen. Again, in 2012, I was on FTO so it would have been in the middle of that year, and my FTO had to calm her down. And who knows what this text message was. I mean I don’t know where she got that from.
A: Okay.
F: So it’s very troubling. And then over the years to hear from the union and to hear from other officers, and people that oh…..she tells stories and then Gail you know, telling…..telling me about the story she has told about her and in the same kind of manner. You know….the same kind of manner where I don’t know where I’ve heard these things. And I don’t know where they came from. And I just can’t substantiate anything. You know…..like we wouldn’t take a police report based off of that.
A: Okay. So we already asked you what you knew about their personal relationship and how you formed that opinion. Have you had….have you personally had….. ever had any conversations with Lieutenant Hershey or Commander Shovlin about their relationship?
F: Oh, no. If this were a bias an unbias and fair….fair investigation, it shouldn’t be at an agency where you have all these relationships and all these connections. Just like you shouldn’t ask….our City shouldn’t ask Kirkland because Kirkland’s mayor is the mother of our mayor. So if you’re gonna want to be fair and impartial you should go somewhere where you don’t have all these relationships. Where you don’t have all these things…..you know…because it looks like it’s been tainted, which it has been tainted. So that’s kind of where we’re thinking on this too. You know….and you can ask Dowd and other senior people here….like everybody knows Shovlin goes over there when she wants certain things done. And that’s….a lot of people know that and I wish I can recall every officer whose told me that over the past few years. That they know she goes over there when she wants certain things done.
A: Did they give you examples?
F: Just IA’s or little favors. Gail has said the same thing you know…..for IA’s and different….different things they ask for different favors.
--- Download the following files through the link on Civil Litigation tab
Re: Public Records Request 000632-2015
This letter is to acknowledge receipt of your public disclosure request for a copy of Bellevue Police Department records related to the Formal complaint of serious misconduct on record against Captain Jim Hershey.
You requested a summary of any disciplinary findings, for example, why and when was personnel disciplined or reprimanded. Captain Hershey was investigated in 2013 in FS 13-003. He was exonerated in all three charges: Judgment, Obedience to Laws, and Duty Responsibilities in this Formal Standards investigation.
Your request is still considered open; I am writing to address a slight delay in getting the records to you as FS 13-003 is a very large case with juvenile privileged information. You should anticipate an additional response by the end of business October 2, 2015, if not sooner.
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OCT 6th 2015Attached is this installment of FS 13-003, Captain Hershey's formal standards investigation that you have requested. Your request is still considered open as this is a large investigation file with many exemptions to process. I predict your next installment to be disclosed Friday, October 23rd, if not sooner.
Included in this Installment are:
- FS 13-003 Complainant Interview Transcript
- FS 13-003 Police Report
- FS 13-003 Findings & Recommendation
- FS 13-003 Authorization Memo
- FS 13-003 Subject Advisement
-------------------------- October 9th 2015
Attached is the 2nd installment to your public disclosure request for all records related to the formal standards investigation regarding Captain Hershey. This installment has the Internal Investigation Report for 13-003. You previously received the complaint and final finding. This Report is the investigation. Below are the exemptions and redactions made. I predict Installment 3 will be disclosed to you on October 12, 2015, if not sooner.
October 15th 2015
Attached is the final installment for your public disclosure request for all records related to the formal standards investigation involving Captain Hershey (FS 13-003). This installment includes the witness and subject transcripts in the case. This installment closes out your disclosure request. Redactions and exemptions have been noted in the privilege log:
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