NAME: conpucr: RULE VIOLATION: AGENCY RECOMMENDATION: COUNCIL ACTION TAKEN: COUNCIL ACTION NEEDED: OVERVIEW PEBRUARY 18, 1992 craig A. Scherf - 3) a] Phoenix P.Ds Terminated 7/26/91 Enployed 3/27/89 Basic Training 9/8/89 1+ On November 26, 1990, November 27, 1990, and Novenber 28, 1990, submitted court overtime requests that were false in nature and was untruthful to a supervisor about the details of the investigation. 2. On January 23, 1991, while working off duty, drew his weapon and pointed it at a door. He related a false account of the incident. 3. On February 17, 1991, unnecessarily displayed a firearm at a car dealership in Medford, OR. On gune 11, 1991, used offensive and inappropriate language to a female victim over the telephone. Ro13-4-07.A.65 Any conduct or pattern of conduct that would tend to disrupt, diminish or otherwise jeopardize public trust and fidelity with regard to the law enfor- cement profession. Revocation None ~ new agenda item. Determine whether or not sufficient cause exists to initiate proceedings regarding certified peace officer status.February 17, 1991 MISCONDUCT - SCHERF OFFICER INVOLVED: Craig Scherf #5134 RECORD CHECK: No PACE Record in computer on Witness Phil Bradley. Computer check completed by Sergeant Settembre. ATTACHMENTS : 1, Notice of Investigation naming Officer Scherf, dated February 2, 1991, 2. Memo from Officer Scherf to Sergeant Settembre, dated February 2, 1991. 3. Memo from Officer Scherf to Sergeant Settembre, dated February 9, 1991. 4. Photocopy of a photo of Officer Scherf pointing his gun at a door during an off-duty job; on January 23, 1991 at 9:16 a.m. at American Express, 3151 W, Behrend. 5. Memo to Sergeant Settembre from Sergeant Lemons, dated May » 1991, SUMMARY OF INVESTIGATION: On January 23, 1991, Officer Craig Scherf was working an off-duty Job at American Express at 3151 W. Behrend. At 9:16 a.m., he was sitting in the lobby of the building, providing security in plainclothes, with his weapon in a shoulder holster. At that time, he unnecessarily displayed his weapon by drawing it from the holster and pointing it at the door. On January 24, 1991, sometime between 9:00 a.m. and 10:00 a.m., Officer Scherf phoned Sergeant L. Lemons at work. Officer Scherf told Sergeant Lemons he never unnecessarily displayed his firearm while working the off-duty job, and never drew it from the holster. DETAILS OF INVESTIGATION On January 23, 1991, Officer Craig Scherf was working an off-duty Job at American Express at 3151 W, Behrend. The coordinator of the off-duty job was Sergeant Larry Lemons. At about 1230 hours, Sergeant Lemons received a phone call from American Express Security Supervisor, Ed Kowolski, saying that Officer Scherf had unnecessarily displayed a weapon. Sergeant Lemons phoned Officer Scherf and advised him to put his coat on to conceal his weapon. Officer Scherf complied with Sergeant Lemons’ instructions. At the time, Sergeant Lemons thought Mr. Kowolski was just referring to Officer Scherf having his weapon visible. He did not realize that Mr. Kowolski was referring to Officer Scherf pulling his gun out of his holster and pointing it at a door,MISCONDUCT - SCHERF -2- February 17, 1991 On January 24, 1991, between 0900 hours and 1000 hours, Sergeant Lemons received a phone call from Mr. Kowolski. Mr. Kowolski told Sergeant Lemons that he no lenger wished to have Officer Scherf work at American Express. He explained that Security Officer Phil Bradley had reported that Officer Scherf had drawn his weapon from his holster and pointed it at a door for no reason. Sergeant Lemons phoned Officer Scherf at home right after talking to Mr. Kowolski. He explained what Mr. Kowolski said and told Officer Scherf he was relieved of working at American Express. Officer Scherf said he understood and the conversation was ended. A few minutes later, Officer Scherf phoned Sergeant Lemons. Officer Scherf was angry and made it clear he was angry over being accused of drawing his gun in the lobby of American Express. He told Sergeant Lemons he never drew his gun out of the holster and he was upset at being accused of doing so. After talking to Officer Scherf, Sergeant Lemons received another call from Mr. Kowolski. Mr. Kowolski explained that Officer Scherf was filmed on the security video camera pointing his gun at the door in the lobby of the building. He further explained he would make the video available to the Police Department. On February 1, 1991, approximately 10:00 p.m., I contacted security personnel at the American Express security office at 3151 W. Behrend. I was shown the video tape of Officer Scherf drawing his weapon. The tape clearly showed that Officer Scherf drew his weapon out of his shoulder holster and pointed it at a door. On February 2, 1991 at 0124 hours, I served Officer Scherf a Notice of Investigation in the conference room of the South Mountain Precinct (400 W. Southern). The allegations were for unnecessarily displaying a firearm and relating a false account of the incident to a supervisor. I told Officer Scherf that I had just viewed a videotape. I said the video clearly showed him pointing a gun at the front lobby door at American Express at 0916 hours. I asked Officer Scherf if he remembered telling Sergeant Lemons that he never pulled his gun. Officer Scherf said he remembered saying that in his phone conversation with Sergeant Lemons. He said he did not remember drawing his gun from the holster anytime during the off-duty job. He said he didn’t doubt he did it if I saw a photo of it. TI told him the photo clearly showed him pointing his gun at the door. He said he still didn’t remember doing it. I had Officer Scherf write me a memo.MISCONDUCT - SCHERF February 17, 199] On Fevruary & 2, approximateiy G01U nours, 1 again interviewed Officer Scherf in the conference room of the South Mountain Precinc:. Lieutenant M. Davila was present. I showed Officer Scherf a photo cf him ihat was taken from a video camera in the lobby of the American xpress Building at 3151 W. Behrend. The photo was taken on January 23, 1991, at 0916 hours and 28 seconds (date and time are indicated on the photo). The photo clearly shows Officer Scherf pointing his handgun at the lobby door. Officer Scherf acknowledged it was him in the photograph. He also acknowledged that he did pull his gun (based on the photograph), but said he didn’t remember doing it. I asked Officer Scherf if he was aware there was a camera in the lobby. He said he was and had seen the video televisions in the adjacent room. Lieutenant Davila asked Officer Scherf if he normally pulls his gun out for no reason. Officer Scherf said he never does. I asked Officer Scherf if he remembered the security guard being present in the lobby with him. I told him I was referring to the security guard in the photo standing behind him when he had his gun drawn, Officer Scherf said he remembered the security guard and had talked to him during the day. He remembered his name was Phil. I asked Officer Scherf if Phil had confronted him about why he had pulled his gun. Officer Scherf told me he and Phil never discussed the incident. On February 10, 1991, about 0610 hours, I phoned American Express Security Officer Phil Bradley (W/M, 10-02-63), at his work number, 492-6060. Mr. Bradley is in the photo with Officer Scherf, He is seen standing behind Officer Scherf when Officer Scherf is pointing his gun at the door. I asked Mr. Bradley what he had seen. Mr. Bradley said he was behind Officer Scherf on the phone. He sax Officer Scherf sitting in a chair facing the lobby door. He saw Officer Scherf pull his gun out of a shoulder holster and point it at the door. Mr. Bradley said no one was outside the glass door at the time. T asked Mr. Bradley if he ever asked Officer Scherf why he pointed his gun at the door, 1 also asked if he discussed the incident with Officer Scherf at any time, He said he never discussed the incident with Officer Scherf or questioned him about it. I asked Mr. Bradley if he could see any need for Officer Scherf drawing his gun. He said there was no apparent reason for Officer Scherf to point his gun at the door. Mr. Bradley said he felt the reason Officer Scherf pulled the gun was because he was bored and fidgety,MISCONDUCT ~ SCHERF ~4- February 17, 1991 AUNTERVIER.MITH OFFICER SCHERF : On February 2, 1991, I had Officer Scherf meet me in the conference room of the South Mountain Precinct, 400 W. Southern. At 0124 hours, I served him with a Notice of Investigation for unnecessarily displaying a firearm and subsequently relating @ false account of the incident to a supervisor. I advised Officer Scherf that I had just come from American Express at 3151 W, Behrend. I told him I viewed a video tape of him drawing his weapon and pointing it at the door on January 23, 1991, at 9:16:28, while he was working off-duty there. I asked Officer Scherf if he remembered the incident. He said he could not remember pulling his gun. I asked Officer Scherf if he remembered talking to Sergeant Lemons about the incident. He said he did. He remembered Sergeant Lemons phoning him the morning after he worked the off- duty jeb and telling him he never pulled his gun. Officer Scherf said he became upset because he was relieved of the off-duty job and was being accused of pulling his gun. He phoned Sergeant Lemons back and again told him he never pulled his gun. Officer Scherf denied any knowledge of taking his gun and pointing it at a door, even though I told him I saw the photo. 1 instructed him to write a memo, On February 9, 1991 at about 0010 hours, I again interviewed Officer Scherf in the conference room of the South Mountain Precinct, Lieutenant Davila was present during the interview. I showed Officer Scherf a photo of him. The photo is dated by the video camera it was taken from. It is dated January 23, 1991, Wednesday. It is timed 9:16:28a, The photo shows Officer Scherf sitting in a chair in the lobby of the American Express Building at 3151 W. Behrend. It shows him pointing his handgun at the front door. A security officer is seen standing behind Officer Scherf talking on the phone, Officer Scherf acknowledged there was no doubt it was him in the photo pointing the gun. He said he still did not remember the incident. Lieutenant Davila asked Officer Scherf if he was in the habit of pulling his gun for no reason and pointing it at things. He said he never points his gun at anything for no reason He said he never even practices at home by aiming his gun at objects.MISCONDUCT - SCHERF February 17, 1991 I asked Officer Scherf if he was aware of the camera in the lobby. He said he was aware of the camera and the adjacent video room. I asked Officer Scherf if the security officer ever discussed the gun incident with him. Officer Scherf said he knew the security officer in the photo from the day he worked with him. He said his name wes Phil and he never discussed the incident with him. Officer Scher? denied remembering displaying his weapon even after seeing the photo and being made aware there was a witness, I instructed him to write a memo. WORK. HISTORY OF OKFICER SCHERF: Commendation History: 01-07-80 Commendation by Officer Munoz for recognizing an Assault suspect during a traffic stop. 02-08-90 Commendation by Sergeant R. Ortiz for apprehending a Burglary suspect, 03-26-90 Commendation by Sergeant R, Switzer for apprehending a Burglary suspect. 06-03-80 Commendation by Lieutenant Rodriguez of the Tempe Police Department for assisting in apprehending an Armed Robbery suspect. 10-05-90 Commendation by Sergeant R. Settembre for assisting in an investigation clearing eleven burglaries to three suspects, 14-11-90 Commendation by Sergeant R. Settembre for apprehending a stolen vehicle suspect. 02-02-91 Commendation by Sergeant R. Settembre for apprehending an armed robbery suspect. Prior Discipline: None per Al479 of Internal Affairs. Performance Rating: 09-11-90 Overall Performance meets job requirements. Wv\MISCONDUCT - SCHERF ~6- February 17, 1991 CONCLUSION: On January 23, 1991, Officer Scherf was working an off-duty job at the American Express Building at 3151 W. Behrend. At 0916 hours, he unnecessarily displayed his firearm by pointing it at a glass door in the lobby of the building. Sergeant Lemons phoned Officer Scherf the next day between 0900-1000 hours. He relieved Officer Scherf of the off-duty job at the request of American Express. Officer Scherf phoned Sergeant Lemons a few minutes after the initial phone conversation. He then related a false account of the incident to Sergeant Lemons stating he never pulled his gun from the holster. Throughout this investigation, Officer Scherf has continually denied remembering pulling his gun on January 23, 1991, He was confronted with the photo and the fact that there was a witness. Considering the facts of this investigation, it is totally unbelievable that Officer Scherf could not remember pulling his gun. The photo clearly shows him pointing his weapon and he says that he never points his weapon for no reason, One could only conclude that Officer Scherf lied to cover up his misconduct and continued to lie to cover his original story. The behavior displayed by Officer Scherf is unacceptable for a Phoenix Police Officer. He has brought discredit upon himself and the Department. Officer Scherf has violated the following policies: 1. General Order A-8,P-4, "Firearms will never be unnecessarily handled or displayed. 2, General Order B-2, P-1.C.6, "Relating a false, deceptive or misleading account of an incident." General Order B-2, P-1.C.8, “Conduct unbecoming an employee; that which tends to bring discredit on the Department. RECOMMENDATION: I recommend this packet be sent to the Disciplinary Review Board for review, mpe 23-01-49]! CLEICER SCHERE DEMME SISTED EXTREAIALY PER JULEIETT AT 7H SEDO VB 5E. 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