PB 21-033 OAFI Docket No.

65-2402-38223

STATE OF MINNESOTA
BOARD OF PEACE OFFICER
STANDARDS AND TRAINING

In the Matter of the Peace Officer License of STIPULATION AND

David Paul Hutchinson, No. 18424 CONSENT ORDER

STIPULATLON

Licensee David Paul Hutchinson and the Minnesota Board of Peace Officer Standards and

Training Board’s Complaint [nvestigation Committee stipulate that, based on his misdemeanor

conviction for operating a motor vehicle with a blood-alcohol concentration above 0.08 in violation

of Minn. Stat. § 169A.20, subd. 1(5) (2020), and subject to Board’s review and discretionary

approval, the Board may issue a consent order that imposes the following sanctions:

A Hutchinson’s peace officer license, No. 18424, is SUSPENDED for 180 days;

however, 150 days of that suspension are STAYED for three years on condition that Hutchinson

comply with this stipulation and consent order. The 30-day suspension of Hutehinson’s license

shall commence sixty (60) days after the Board signs this order. If the Board determines that

Hutchinson has not complied with this stipulation and consent order, the stay on the remainder of

his suspension shall be LIFTED in addition to any other penalty the Board deems appropriate for

any new violation(s). In the event the Board lifts the stay, Hutchinson may request a hearing to

challenge the factual basis for the lifting of the stay, but may not challenge the length of the

suspension. In the event that Hutchinson does not violate this stipulation and order in the next three

years, the stayed suspension shall be vacated;

fi Hutchinson shall not commit any same or similar offenses related to driving while

impaired; and,
 C Hutchinson shall fully comply with all the terms and conditions ofhis court-ordered

sentence and probation in Stale v. Hutchinson, Douglas Cty. No. 2l-CR-21-2097.

Hutchinson and the committee enter into this stipulation based on the foLlowing findings

of fact, conclusions of law, and other stipulated provisions:

Findings of Fact

I. In 2005, the Board issued Hutchinson a peace officer license, No. 18424.

Hutchinson initially worked as a peace officer for the Bayport Police Department. Two years later,

he accepted a peace officer position with the Metro Transit Police Department. Hutchinson was

elected Hennepin County Sheriff in 2018 and took office in January 2019. Sheriff Hutchinson’s

current term expires January 2,2023. See Minn. Stat. § 382.01 (2020).
2. On December 8,2021, Hutchinson was driving a vehicle owned and issued to him

by 1-lennepin County when he was involved in a one-vehicle rollover crash on Interstate 94 in

Douglas County at approximateLy 2:30 a.m. Responding officers discovered Hutchinson’s

significantly damaged vehicle on its side in the median and Hutchinson laying on the shoulder of

the road with cuts to his face and back. Hutchinson was transported by ambulance to a local

hospital where it was uLtimately determined he additionaLly suffered a head injury/concussion and

rib and vertebral fractures.

3. Officers noted that Hutchinson’s breath had a strong odor of alcohol, that he slurred

his words, and that he could not maintain his balance. Officers removed a holstered handgun from

Hutchinson’s belt at that time. Hutchinson reported that he was returning from a sheriff’s

convention in Alexandria.

4. At the scene, Hutchinson initially told responding officers that he was not driving

even though responding officers told him that they had searched the scene and could not find any

other persons.

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 5. After obtaining a warrant, a trooper with the State Patrol obtained a urine sample

from Hutchinson approximately three hours after the crash to determine his blood-alcohol

concentration. The sample revealed that Hutchinson had a blood-alcohol concentration of 0.134.

6. Hutchinson declined requests by the State Patrol for an interview. Hutchinson

issued a press release admitting that he was involved in the crash after drinking and driving.

acknowledging that he should be held to a higher standard as the Hennepin County Sheriff, and

apologizing for what he characterized as an inexcusable decision.

7. As pail of the State Patrol’s investigation, it obtained a search warrant to retrieve

electronic crash data from the airbag control module in Hutchinson’s vehicle. The data revealed

that he was unbeLted and trnvcling at 125.7 miles per hour immediately before the crash.

8. Hutchinson was charged with driving while impaired and carrying a pistol while

under the influence of alcohol. State v. Hrnchinson, Douglas Cty. No. 2l-CR-21-2097 (filed Dec.

13, 2021). Hutchinson later pleaded guilty to and was convicted of operating a motor vehicle with

a blood-alcohol concentration above 0.08, violating Minn. Stat. § 169A.20, subd. 1(5). The court
sentenced Hutchinson to serve ninety days in jail, but stayed all ninety days on a variety of

conditions. Hutchinson’s court-ordered probation expires in December 2023. Hutchinson received

a continuance for dismissal on the weapons charge.

Conclusion of Law

I. The Board has authority to license and regulate peace officers and to take

disciplinary action as appropriate. Minn. Stat § 626.84-.863 (2020), Minn. R. 6700.1710(2021).

2. Hutchinson’s misdemeanor conviction for operating a motor vehicle with a blood-

alcohol concentration above 0.08 subjects him to discipline pursuant to Minn. Stat. § 626.8432
subd. 1(a)(3) and Minn. R. 6700.1600(L) (2021).

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 3. This stipulation and consent order is in the public interest.

Other Stipulated Provisions

I. This stipulation and consent order must he approved by the Board to become

effective.

2. Hutchinson agrees that the committee may move the Board, with or without

advance notice to him, to approve this stipulation and consent order. Hutchinson understands that

the Board may either approve the stipulation and consent order or not approve it. This stipulation

and the files, records, and proceedings associated with this matter may be reviewed by the Board in

its consideration of the committee’s motion.

3. If approved by the Board, this stipulation and consent order shall constitute

disciplinary action against Hutchinson and be classified as public data. Minn. Stat. § 13.41, subd.
5 (2020).

4. If the Board does not approve this stipulation and consent order, then the matter

remains unresolved and the committee may either seek to negotiate a revised stipulation and

consent order with Hutchinson to present to the Board or reschedule the hearing in the pending

contcsted case proceeding at the Officc of Administrative Hearings, No. 65-2402-38223, to the

soonest mutually convenient date. See Id. § 14.57-.62, 214.10, subd. 12 (2020) (describing
administrative hearing process).

5. Hutchinson agrees that if this case comes before the Board again after it reviews

and discusses this stipulation and consent order, Hutchinson waives any claim that the Board was

prejudiced by its review and discussion of this stipulation and consent order and any records

relating to it.

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 6. Hutchinson acknowledges that he was advised by the committee of his right to a

contested case hearing in this matter before an Administrative Law Judge, to file exceptions and

make argument to the Board after the hearing, and to seek judicial review from any adverse

decision rendered by the Board. Hutchinson hereby expressly waives those rights. Hutchinson was

further advised by the committee of his right to be represented by counsel and that he was

represented by Mait Schneider, Esq.

7. Hutchinson has read, understands, and agrees to this stipulation and has voluntarily

signed it It is expressly understood that this stipulation contains the entire agreement between the

parties, there being no other agreement of any kind, verbal or otherwise. If approved by the Board,

a copy of the final stipulation and consent order shall be provided to Hutchinson via email or

U.S. Mail. The Board’s order shall be effective when it is signed by the Chair of the Board or the

Chair’s designee.

Dated:

0 AUL HUTCHINSON
STATEOF Phh

COUNTYOF___________

This insthimcnt was acknowledged before moon q / /

tV 22 by David Paul Huichinsan.

(s (Signature of notary o car)

N0TARYPU8LMNNEsoTA .cV. cI k.c•k-II,i( Th.s1.

/4
\ N%./ kCoiwit&on Bpir Jaa 31. 2025
ti?cxpires: I

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 AS TO FORM:

LAW ENFORCEMENT LABOR

SERVICES, INC.

Dated: ID

Attorney Rag. No. 0178044

2700 Freeway Boulevard, Ste. 700
Brooklyn Center, MN 55430
Aftorneyfor David Paid Hutchinson

Dated:

Chair, Complaint Investigation Committee

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 CONSENT ORDER

Upon consideration of this stipulation and consent order, and based upon all the files,

records, and proceedings herein, all terms of the stipulation and consent order are approved.

Accordingly, the Board orders as follows:

A Sheriff David Paul Hutchinson’s peace officer license, No. 18424, is SUSPENDED

for 180 days; however, 150 days of that suspension are STAYED for three years on condition that

Hutchinson comply with this stipulation and consent order. The 30-day suspension of

Hutchinson’s license shall commence sixty (60) days after the Board signs this order. If the Board

determines that Hutchinson has not complied with this stipulation and consent order, the stay on

the remainder of his suspension shall be LIFTED in addition to any other penalty the Board deems

appropriate for any new violation(s). In the event the Board lifis the stay, Hutchinson may request

a hearing to challenge the factual basis for the lifting of the stay, but may not challenge the length

of the suspension. In the event that Hutchinson does not violate this stipulation and order in the

next three years, the stayed suspension shall be vacated;

B. Hutchinson shall not commit any same or similar offenses related lo driving while

impaired; and,

C Hutchinson shall hilly comply with all the terms and conditions of his court-ordered

sentence and probation in State v. Hutchinson, Douglas Cty. No. 21-CR-21-2097.

2022.

MINNESOTA BOARD OF PEACE OFFICERS

STANDARDS AND TRAINING

KELLY MCCARTHY
Board Chair