State revokes Dexter police sergeant’s certification over quashed speeding ticket

By Nick McCrea
BDN Staff

DEXTER — A Dexter police sergeant resigned last month after he had his law enforcement certification taken away for quashing a speeding ticket as a favor to a local woman.

The Maine Criminal Justice Academy board of trustees revoked Sgt. Allen Emerson’s law enforcement certificate of eligibility in May after an investigation, according to documents obtained by the Bangor Daily News through a Freedom of Access Act request.

“Allen Emerson’s actions, and his failure to take responsibility for them, were particularly egregious,” the board wrote in its decision. “The board finds that its purpose of protecting the public health and welfare and its charge to ensure that the public is served by competent and honest criminal justice practitioners [requires significant action].”

Emerson resigned June 1, according to Town Manager Shelley Watson.

Dexter Police Chief Kevin Wintle said he plans to promote a new sergeant in the near future.

Emerson worked at the department from 1987 to 1999, then returned in 2013 with the rank of sergeant.

The investigation stemmed from a traffic stop in February 2015, when Officer Kenneth Spaulding, a part-time officer in Dexter, pulled over Christine Pooler for speeding on Grove Street. Spaulding issued her a ticket for traveling 43 mph in a 25-mph zone. The fine was $185.

Later that day, Pooler, who formerly worked as a secretary and reserve officer at the department, called the office and spoke with Emerson. She was “very upset about having received a ticket and was crying,” according to board documents. She wanted to know why she received the ticket rather than a warning.

Emerson, normally second-in-command at the department, was in charge that day because Wintle was on vacation, Emerson told the board.

When Spaulding returned to the office, Emerson asked him to turn over the copies of the ticket so he could send it in with a batch that day, Spaulding told the board.

“This was a departure from the normal practice, which was for the officer who wrote the tickets to put them in the designated mailbox on the wall after entering relevant information into the computer,” according to the board.

Emerson said he believed he had the discretion to change a ticket to a warning, so he removed the ticket from those that were forwarded to the state’s Violations Bureau. However, the sergeant never issued the warning, the board found. Emerson called Pooler a few days later to tell her not to send her violation paperwork to the state.

Wintle said the question of whether the ticket will need to be paid or reissued has yet to be resolved, but it has been discussed with the district attorney’s and attorney general’s offices.

Emerson testified that he felt Pooler deserved a warning because of her previous work with the department and because she was a longtime resident. He also said he didn’t look up her prior driving record because “she was an older lady and a good person,” according to the board.

The town placed Emerson on administrative leave with pay on May 15, 2015, but he returned to work about two months later after the Maine district attorney’s office investigated and decided to not press criminal charges against Emerson.

He was placed on administrative leave again in November 2015 when a complaint was filed with the Maine Criminal Justice Academy, opening an investigation by that board.

The board found a “preponderance of evidence” that Emerson violated several state statutes, including tampering with public records, a Class D crime, and official oppression, a Class E crime.

An administrative hearing officer recommended Emerson be officially reprimanded, pay a $1,500 fine, and receive a 180-day certificate suspension. The board ultimately decided those penalties weren’t severe enough.

John Rogers, director of the Maine Criminal Justice Academy, said these sorts of investigations are relatively common. The academy reviews about 50 cases involving law enforcement and corrections officers each year in Maine. The cases range from OUIs and domestic violence allegations against them to claims of abuse by prison guards.

Of the 50 claims the academy saw in 2015, 15 resulted in revocations of certificates. A revocation is the strongest action the board can take. It means a person can never become a law enforcement or corrections officer again. Eight cases were dismissed, and nine are pending. The rest resulted in warnings, known as “letters of guidance” or other agreements with varying levels of penalties.

Emerson is now working as fire chief in the neighboring town of Corinna, according to the town’s website.