Benson Police Officer On Administrative Leave, Facing Charges After Off-Duty Wreck

By Robert Jordan
Dunn Daily Record

A Benson police officer was arrested and arraigned in Johnston County on suspicion of driving while impaired and while carrying a concealed weapon, along with other charges by the N.C. State Highway Patrol.

Patrol Officer Milton Lee Baker II, who joined the force on Aug. 8, remains on administrative leave pending an internal investigation.

The incident
Trooper D. Douglas of Highway Patrol’s Troop C District VI was dispatched to a motorcycle wreck on Old Drug Store Road near N.C. Highway 50 at 2:19 a.m. Saturday, Sept. 17.

Upon arrival, Douglas reported finding Baker beside a Harley-Davidson motorcycle which was in a ditch. Douglas determined Baker was the driver and reported smelling alcohol on Baker’s breath.

Based on his observation, Douglas formed the opinion that Baker was impaired and placed him under arrest for impaired driving.

Baker submitted to a breath test with results of 0.07. Because the N.C. legal limit for blood alcohol is 0.08, no probable cause was found by the magistrate for the charge of driving while impaired; however, Baker was charged with carrying a concealed weapon after consuming alcohol, driving with an expired vehicle registration and driving left of center.

Baker was issued a written promise to appear in court on Nov. 8.

When law enforcement officers attend criminal justice classes on driving while impaired in North Carolina, they are instructed one of the first faculties affected negatively by alcohol is a person’s judgment. By state law, carrying a concealed weapon after consuming any amount of alcohol is illegal.

Chief, DA Respond
Benson police Chief Greg Percy was contacted on Tuesday, Sept. 27, and asked about this situation. He responded, “I have no comment. This is a personnel matter.”

The Daily Record submitted a Freedom of Information Act request to Pickett, seeking employee information considered public by state statutes.

Pickett responded on Monday that Baker, 33, was employed by the town of Benson on Aug. 8 as a patrol officer in Benson’s police department. Baker was placed on administrative leave on Sept. 19.

Johnston County District Attorney Susan Doyle was contacted on Monday. She doubted Baker’s credibility as a charging authority in any future case would be called into question, if he is convicted of the other infractions and misdemeanor charge.

“ … While I do share some of your concerns,” Doyle said, “driving while impaired is not a crime that affects the credibility of the officer like types of fraud, larceny, and other similar crimes. Therefore, that particular issue would not prevent him from continuing his duties as a police officer since the Benson Police Department decided to handle the matter administratively.”

Benson Policies And Procedures For Personal Misconduct
“When an officer has a misstep, the DA’s office is notified to provide feedback and opinion as to the officer’s continued fitness for duty and future ability to testify in future criminal matters,” said Kimberly Pickett, Benson’s interim town manager. “Provided the DA has no issue with the officer’s character, our belief here, is experience is the best lesson learned.”

Pickett was asked several questions regarding Benson’s established methods for handling situations of this nature.

Question: How is an officer’s integrity maintained so that he/she might continue to enforce the law?

Pickett explained, “If an officer violates personal conduct by being criminally charged, the decision regarding an officer’s integrity in terms of testifying in court or other proceedings ultimately rests with the Office of the District Attorney. Every person makes mistakes. It is how we overcome those mistakes that makes the difference in how our professional lives will continue. If an employee missteps, and it doesn’t result in a situation where we have no choice but to abide by the NC Administrative Code 12 NCAC 09B .0111 or otherwise dismiss the officer, and provided the officer shows remorse for any lapses in judgment, they are generally allowed to continue employment with the department. If further disciplinary action is warranted based on the particular facts of a situation, further disciplinary action may be taken as to the officer, consistent with the personnel policy.”

Question: What happens when an employee of the police department receives criminal charges?

Pickett said, “When the Chief (or one of his subordinates) learn an officer has been criminally charged, there are a few actions which are generally undertaken at that time. First, the Chief and/or a designee would meet with the officer to discuss the incident in question, review any documentation, and place the employee on Administrative leave provided circumstances warrant such an action and it is consistent with the personnel policy. At that time, the Chief and/or a designee would speak with the agency or charging officer to discuss the incident, if possible. During this time, the Chief would also notify the District Attorney and Town Manager of the incident as appropriate. The Chief and/or designee would also notify the North Carolina Criminal Justice Education and Training Standards Commission of the incident for their input as to the officer’s fitness for duty.”

Question: How would mitigating or aggravating circumstances affect the outcome?

Pickett replied, “Every incident of alleged employee misconduct is treated as unique, and there is not therefore a ‘one-size fits all’ approach to dealing with alleged employee misconduct. The particular facts of each case will be considered in determining any disciplinary or other action regarding an employee. However, there are circumstances when there is no discretion available to our agency. For instance, NC Administrative Code ‘12 NCAC 09B .0111’ states that ‘a certified officer cannot commit or be convicted of a felony, or any other crime for which the punishment could have been imprisonment for more than two years.’”