Apr 15, 2008 - 04:05:06 CDT
More than 50 complaints were lodged against Bismarck police officers in 2007, but evidence only backed up three of the grievances from the public.Chief Keith Witt on Monday said that six of the 52 complaints were of a serious nature and resulted in internal affairs investigations. Out of the six serious complaints, five resulted in officers being exonerated from wrongdoing.
One of the six serious complaints led to an officer suspension. Officer Kyle Gebhardt was suspended for 40 hours without pay for making inappropriate comments of a sexual nature while on duty, Lt. Randy Ziegler said. Ziegler conducts internal affairs investigations for the department.
Witt said Gebhardt was suspended, not terminated, after the chief looked into the incident, Gebhardt's prior history and other relevant factors. Gebhardt also had to undergo corrective training and will be required to attend periodic retraining, Witt said.
Ziegler said two of the other complaints also were sustained, meaning a preponderance of the evidence backed up the citizen complaints. Both of those complaints were handled by higher-ranking officers than the officers accused in the complaints. Ziegler did not have the names of the officers involved in those complaints.
In one instance, a complainant felt that an officer was more concerned about getting off of work in a timely manner than in taking a police report. The officer was talked to by a sergeant about the need to be more aware of community needs.
In the other instance, a citizen complained that no officer ever showed up to take a report that he had called into the department. The duty commander said he had forgotten to enter the incident into the computer system, meaning officers were unaware the report needed to be taken. He was talked to by a deputy chief about the incident.
Of the 52 complaints lodged against the police department, officers were exonerated 30 times and 19 complaints were considered "not sustained," which means there was insufficient evidence to prove or disprove allegations.
Witt said he was taking the unusual step of informing the public about the complaints against the department in an effort to keep citizens abreast of the department's standards.
"I just think it's important for the citizens to know what's happening at the police department - the good things and the not so good things," he said.
The department relies on citizen complaints to find out when there are problems, either with officers or with department policies, the chief said.
"That's the only way we can make our operations better," he said.
He said the department wants to be sure they have the trust of the public so people don't think the officers are abusing the authority they are given.
"Inquiries or concerns of citizens may often be resolved with an explanation of the standard procedures followed by officers or by providing a more detailed explanation of the circumstances involved in the situation in question," Witt said. "However, a complete and thorough investigation will be conducted as necessary."
Serious complaints against officers are investigated by Ziegler, unless the allegations involve criminal activity on the part of an officer, at which time the complaints are referred to the North Dakota Bureau of Criminal Investigation. Less-serious complaints usually are investigated by supervising officers.
Disciplinary actions officers can face if complaints against them are found to be supported by evidence include training or counseling, reprimand, suspension from duty without pay, termination from the department and criminal prosecution.
The 52 complaints in 2007 came about while officers handled 30,771 calls for service, made 2,689 arrests, conducted 13,685 traffic stops resulting in 10,877 traffic citations, issued 10,154 parking tickets and investigated 3,149 traffic wrecks, Witt said.
"We're talking about tenths of a percent of incidents that led to a complaint," he said.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)

John wrote on Apr 27, 2008 4:44 AM:
I am sure you would not be saying the same things if it was your name in the paper. And yes, L.E. are different than you and me. I bet you do not wear a bullet-proof vest to work, do you? Everything they do on and off duty is noted by the general public. Still think they are no different? "
Farley wrote on Apr 22, 2008 9:42 PM:
You're right, N.D. does have open records laws, as does every state in the union, THAT IS NOT THE ARGUMENT HERE. The problem is that for the first time in the history of BPD, the chief chose to release the citizen complaint information via a PRESS RELEASE. The complaint information has ALWAYS been available to the general public. Anyone employed in public service understands that. Deb Ness didn't do it, nor did any other police chief that preceded her. Were all former Bismarck Police Chiefs wrong?? Absolutely not. Anyone with an ounce of media savvy would know that if you tell the press "what", the press will followup with the questions "who" and "when". That is the job of the press and I am very happy that we have a free press in our great country to ask probing questions. Plain and simple, this was a terrible decision by the chief. I think he should step to the plate and apologize. He's a "rookie" chief, and it really shows on this one. "
glad wrote on Apr 22, 2008 9:31 AM:
justice for all wrote on Apr 22, 2008 6:18 AM:
Concerned Bismarcker wrote on Apr 21, 2008 10:40 PM:
Do you know this man? Yeah, I didn't think so. All the details of the "misconduct?" Again, your answer is no. Think before you post about things and people you think you know because you have read articles in the local paper or you are a "cop hater" which it sounds like you are . . . "
REX wrote on Apr 21, 2008 8:33 PM:
glad wrote on Apr 21, 2008 5:23 PM:
HORRIFIED wrote on Apr 21, 2008 3:37 PM:
Concerned Resident wrote on Apr 21, 2008 2:34 PM:
One who knows wrote on Apr 21, 2008 7:57 AM:
whos kidding who wrote on Apr 21, 2008 7:55 AM:
Concerned Bismarcker wrote on Apr 20, 2008 10:46 PM:
Thank you! I thought, at the very minimum, a public apology should be required. As previously stated, I am outraged by this "loose cannon" chief. Ultimately, it's his responsibility to have an officers' back in public, take care of in house matters in your office - that's your job. The original charge was a crock in the first place and to air it out in the Tribune is more irresponsible than what a small child would do. Again, I think at LEAST a public apology should be demanded from any concerned resident and an assurance that such garbage as this doesn't happen during his tenure should be given..... "
the truth wrote on Apr 20, 2008 6:25 PM:
Mom wrote on Apr 20, 2008 2:12 PM:
whos kidding who wrote on Apr 20, 2008 1:17 PM:
justice for all wrote on Apr 20, 2008 1:13 PM:
Horrified wrote on Apr 20, 2008 12:07 PM:
Just Me wrote on Apr 19, 2008 12:26 PM:
Sandy wrote on Apr 18, 2008 11:59 PM:
Mother of 3 wrote on Apr 18, 2008 2:33 PM:
Enforcer wrote on Apr 18, 2008 1:40 PM:
vhfs wrote on Apr 18, 2008 12:54 PM:
Enforcer wrote on Apr 18, 2008 9:44 AM:
Too funny wrote on Apr 17, 2008 11:26 PM:
I would just like to say YOU ROCK, you hit the nail on the head and I think that you should run for PRESIDENT, I would vote for you..... "
Independent wrote on Apr 17, 2008 7:05 PM:
I am not in law enforcement. I'm actually in the military. I have done tours in countries with no law enforcement. If you think Bismarck PD is soooo horrible, I dare you to spend one day in Iraq, Afghanistan, or any other war torn country. Police are who maintain order, whether you want to accept that or not is up to you. Yes, sometimes authority sucks, but nobody said life was fair.
I would also like to point out to the people giving kudos to the Bismarck Tribune that the Tribune is not always the most reliable source. I can tell you for a fact from my own deployments that attention to detail is not a strong point for this newspaper. They don't care to spell names correctly, report the correct rank, and most reporters are not able to distinguish between Active Army, National Guard, or Reserve, among other things. They get quite snotty when you correct them, because they don't really care. Just report whatever will get the most attention. Accuracy is just a minor detail.
And to "Tom", I just have to ask, what's your education in? Have you ever taken any sort of criminal justice class? Just curious. One-hit wonders like you (I say that because I only see "Tom" comment to bust on law enforcement) are entertaining. "
kold wrote on Apr 17, 2008 4:56 PM:
Law wrote on Apr 17, 2008 12:50 PM:
horrible wrote on Apr 17, 2008 8:36 AM:
No they didn't offer to call whoever you said. After they gave him his minor they told me that they think I should take him to the hospital. Absolutely nothing was done for him. I sat with my family member and they didn't even take a description of where he was or what he was doing nor did they ask him for a description of the person who jumped him.
The first thing out of the cops mouth was. Hold on I will be right back. 10 minutes later he came back with a breathalyzer and said he smelled alcohol on my family member. Had him take the breathalyzer gave him the minor and then asked me if I had been drinking. My family member called me at 4:00 am while I was sleeping. I asked the cop what made him think I had been drinking and he said that I had looked like I had been partying all night. I wasn't drinking at all and told him that I wasn't going to take the breathalyzer because he had no right assuming that because I didn't have time to shower and put my best clothes to take my family member to the cop shop because I cared more about getting to my family member than making sure I looked like a princess when I went to the cop shop. He insulted me and sent us away with absolutley no help. No exageration on this story. The cop didn't even take any police report or anything.
"
John wrote on Apr 17, 2008 12:57 AM:
If you 'family member' was as injured as you claim, BPD would have called Metro and he should have been taken to the hospital for treatment. As for the suspects, you and/or your 'family member' were probably asked several time in more than one way to provide a description of the attackers, which you probably could'nt provide. So tell me, did they say "we won't find the person who did this" or did they say "we need a better description"? Sounds like you are at the least exaggerating your case... The Bismarck PD does a fine job. "
BILL G-A-R-R wrote on Apr 16, 2008 11:36 PM:
Horrible wrote on Apr 16, 2008 5:29 PM:
Your right as stated in my first blog he was drinking. Was he falling over intoxicated and drink as a skunk no. To be honest he blew a .02 which since he was underage it was a minor. The only thing that made him incoherent was the fact that he couldn't see out of his left eye cause it was swollen shut and his nose was so swollen and bruised and his lip was slashed in half. The cops sent him away and said oops so sorry take him to the hospital there is nothing more we can do we won't find the kid that jumped him. SEE YA LATER HAVE A GREAT DAY! And in other instances I had with the Bismarck police I that I haven't noted and don't need to are even worse so does that answer your question coplover? "
Concerned Bismarcker wrote on Apr 16, 2008 5:01 PM:
Former Bismarck Resident wrote on Apr 16, 2008 3:26 PM:
Jay wrote on Apr 16, 2008 2:40 PM:
RJ wrote on Apr 16, 2008 2:30 PM:
People make mistakes, so what, who got hurt, what difference does it make now? Its not like someone shot someone and they didn't mean to.
Thanks for show, but please don't take the attitude out on the street with you. "
??????? wrote on Apr 16, 2008 2:06 PM:
cophaters wrote on Apr 16, 2008 1:59 PM:
whos kidding who wrote on Apr 16, 2008 12:55 PM:
"
ck wrote on Apr 16, 2008 12:41 PM:
information officer ??????????
Shame on the reporter ------- printing a story when she did not have all of the
information.
It all sounds like " good ol boy politics " to me.
All or none----- do your jobs people ! "
justice for all wrote on Apr 16, 2008 12:31 PM:
justice for all wrote on Apr 16, 2008 11:17 AM:
horrible wrote on Apr 16, 2008 10:55 AM:
I had a family member that was severly beaten and yes he was underage and drinking which is definitely wrong and he should have gotten in trouble however he was so serverly beaten when he went to the cop shop to report it they gave him a minor and sent him on his way with no report taken. So my family member being the victim went to the cops for help and was given a minor and sent on his way with no help what so ever. And the cop was truly the meanest unprofessional cop I have ever met. They didn't even care. His exact words were it's not my problem he got in the fight. When in fact he was jumped. Just ridiculous.
I personally have had poor treatment by cops as well from Bismarck. I wonder if I will ever get the help I need if I am ever in a serious or dangerous situation. That is why I am glad I live in Mandan because they cops there are wonderful and they express that they care. Unlike Bismarck. "
To: Tom wrote on Apr 16, 2008 10:52 AM:
Online Editor wrote on Apr 16, 2008 10:29 AM:
Online Editor wrote on Apr 16, 2008 10:14 AM:
Online Editor wrote on Apr 16, 2008 10:05 AM:
whos kidding who wrote on Apr 16, 2008 10:03 AM:
whos kidding who wrote on Apr 16, 2008 9:53 AM:
Online Editor wrote on Apr 16, 2008 9:46 AM:
~Deb~ wrote on Apr 16, 2008 9:22 AM:
bismarck citizen wrote on Apr 16, 2008 9:07 AM:
I've seen some of your past posts on some other atricles, and you sure do like to say negative things about cops! My Mother always said, "if you can't say anything nice, don't say anything at all". Maybe you should do the same. Oh and by the way, nobody said that Officer's names shouldn't be given out, but lets be fair and give all the names or none at all! Have a nice day. "
justice for all wrote on Apr 16, 2008 8:49 AM:
To Ralph wrote on Apr 16, 2008 8:42 AM:
Ralph wrote on Apr 16, 2008 6:33 AM:
Tom wrote on Apr 16, 2008 6:27 AM:
How long do the citizens have to complain before something is done.. I don't remember the last time a police officer was fired.. everybody is to afraid to fire anyone these days for fear of lawsuits... We have a handful of good cops in Bismarck and Burleigh County and a ton of lazy power tripping flunkies that couldn't make it at a real college. In case you didn't know ... criminal justice is not considered a "difficult subject" the short bus parks in front of the CJ building at most universities.
"
Traveler wrote on Apr 16, 2008 1:23 AM:
Sandy wrote on Apr 16, 2008 12:37 AM:
Concerned Bismarcker wrote on Apr 15, 2008 10:53 PM:
Perhaps, before you comment in this manner, you should get the facts from someone other than a child. I am NOT a family member nor am I a close personal friend but I can tell you he was NOT removed from that position for any kind of "wrong-doing". "
Fed up with childish politics wrote on Apr 15, 2008 10:29 PM:
No one is saying that the chief shouldn't report complaint numbers. What everyone IS saying is that it is low, demoralizing and just plain wrong to single out only one officer. Are you trying to say that no other officers have ever had complaints filed against them? Then why is Witt singling out just officer Gebhardt? That is just juvenile and unprofessional behavior for the chief of police. I agree-get Debbie Ness back. "
Concerned Bismarcker wrote on Apr 15, 2008 10:20 PM:
Former Neighbor and FORMER subscriber wrote on Apr 15, 2008 9:54 PM:
Fortuneteller wrote on Apr 15, 2008 8:55 PM:
Fortuneteller wrote on Apr 15, 2008 8:46 PM:
Farley wrote on Apr 15, 2008 7:43 PM:
chief witt:
"The department relies on citizen complaints to find out when there are problems, either with officers or with department policies, the chief said.
"That's the only way we can make our operations better," he said.
SO THE ONLY WAY THE CHIEF CAN MAKE OPERATIONS BETTER IS FOR CITIZENS TO COMPLAIN TO HIM????????
WOW!!!!!!
hes not able to make operations better without citizens complaining????
I think bismarck could do alot better, perhaps they can find some administraters that can think for themselves and not rely on disgruntled citizens to do their jobs for them
"
Be Thankful wrote on Apr 15, 2008 7:38 PM:
"
kk wrote on Apr 15, 2008 6:06 PM:
Remember When wrote on Apr 15, 2008 5:09 PM:
LL wrote on Apr 15, 2008 4:48 PM:
bismarck citizen wrote on Apr 15, 2008 4:27 PM:
Sheepdog wrote on Apr 15, 2008 4:23 PM:
JM wrote on Apr 15, 2008 3:53 PM:
clear the air wrote on Apr 15, 2008 3:09 PM:
Jenny Michael, Tribune reporter wrote on Apr 15, 2008 3:03 PM:
And to others inquiring about why we did not use the names of the other two officers who were involved in complaints, as stated in the article "Ziegler did not have the names of the officers involved in those complaints." We were not given the names. Had we been given them, they would have ran as well. "
Laura B. wrote on Apr 15, 2008 2:55 PM:
curious caller wrote on Apr 15, 2008 2:46 PM:
bismarck citizen wrote on Apr 15, 2008 2:00 PM:
You hit the nail right on the head with the administration. You wouldn't believe the amount of forms these officer's have to fill out BECAUSE of this administration.
As far as this article goes, if I read right there should have been 3 officer's names given, or none at all. Administration really dropped the ball on this one. "
stop pointing fingers wrote on Apr 15, 2008 1:46 PM:
from the inside wrote on Apr 15, 2008 1:37 PM:
klonkikekat wrote on Apr 15, 2008 1:29 PM:
to spouse wrote on Apr 15, 2008 1:18 PM:
online editor wrote on Apr 15, 2008 1:12 PM:
Robert wrote on Apr 15, 2008 1:07 PM:
a police officer's spouse wrote on Apr 15, 2008 12:46 PM:
just me wrote on Apr 15, 2008 12:37 PM:
I've known Kyle for years, he is a great man and one of the best officers out there. I also agree with "some dude": our PD is doing a very fine job concidering how short they are on officers. "
some dude wrote on Apr 15, 2008 11:39 AM:
As for the Sheriff"S Dept. some small corrections had been made on a report. nothing had been change. please remember that not every thing you read is truth.
" people don't leave the job they leave leaders"
maybe something to think about. "
All or none wrote on Apr 15, 2008 11:38 AM:
to: stop pointing fingers wrote on Apr 15, 2008 10:55 AM:
online editor wrote on Apr 15, 2008 10:51 AM:
stop pointing fingers wrote on Apr 15, 2008 10:47 AM:
bismarck wrote on Apr 15, 2008 10:40 AM:
CMT wrote on Apr 15, 2008 10:21 AM:
I understand what you are saying and I agree with you to a point. Can the police get out of hand and say or do something they shouldn't? Yes! But I also think that there are some people out there that think they were wronged but just maybe they weren't. I think a lot of it is about perception. Your right though, all complaints should be checked and verified. But I still think a small percentage of the complaints could be payback, so to speak! "
give me a break wrote on Apr 15, 2008 10:00 AM:
Laura B. wrote on Apr 15, 2008 9:55 AM:
CMT wrote on Apr 15, 2008 9:41 AM:
Resident wrote on Apr 15, 2008 9:31 AM:
ND Cop wrote on Apr 15, 2008 9:27 AM:
Mom wrote on Apr 15, 2008 7:58 AM:
Alice wrote on Apr 15, 2008 7:49 AM:
Comments are reviewed for taste, tone and language before posting.
Some comments may be used in the Tribune's print edition.
We value and respect your privacy, but The Bismarck Tribune might
disclose certain information to governmental entities if served with subpoena.