Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 22, 1994 TAG: 9403220106
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: DIANE STRUZZI STAFF WRITER
DATELINE: LENGTH: Medium
The DUI arrest and resignation of Calvin Douglas Ellis left Bedford County Sheriff Carl Wells to dodge queries not only about Ellis, but also about alcohol abuse within his department. Last year, three deputies were suspended for drinking on duty. Monday afternoon, Wells said that Ellis' actions have made the whole Sheriff's Office suffer and have left Wells embarrassed.
The state police charged Ellis, 37, of Moneta, with drunken driving after he allegedly drove a county-owned vehicle off an embankment of Virginia 735 about 6 p.m. Friday. The vehicle, a 1991 sport/utility vehicle, overturned and sustained an estimated $10,000 in damage. Ellis suffered minor injuries, according to the State Police.
Ellis was brought to the Bedford County Jail, where he took a breathalyzer test and registered over the legal limit of 0.10 percent. He posted $1,000 in bail and was released.
Monday morning, Ellis returned all of his county-owned property to the Sheriff's Office, according to a release issued by Wells.
In an interview, Wells said that sheriff's deputies are given the use of county-owned vehicles and that it was not a violation for Ellis to be driving it while off-duty.
Wells also said that if Ellis had not resigned, he would not have been put back on street patrol. If Ellis is convicted of a DUI-related offense, he cannot be put back on the road to enforce a law he has already broken, Wells said.
The charge against Ellis is not the first time that the use of alcohol among Bedford County sheriff's deputies has brought scrutiny of the Sheriff's Office. Late last year, an internal investigation by Wells revealed that three sheriff's deputies drank while on duty.
Lt. Steve Rush, officer Gary Babb and DARE coordinator Douglas Mayhew were each demoted and suspended for 60 days for that conduct.
Mayhew, who will begin serving his suspension after his medical leave for back surgery is complete, said he saw Ellis at about 5:30 p.m. Friday when Ellis came to one of Mayhew's properties, several miles from the accident site. Ellis stayed about 45 seconds and did not appear to have been drinking, Mayhew said.
"He did not come in," Mayhew added. "We did not talk. We did not drink. He took a generator, and then he left."
The Sheriff's Office - along with the county treasurer, commissioner of revenue, clerk of circuit courts and the commonwealth's attorney - is a constitutional office, not under the control of the county's Board of Supervisors.
Wells' department is the only one of those five offices that has not signed onto the county's personnel conduct policy, which includes regulation of the use of drugs and alcohol during working hours or while using county-owned property.
Wells said the county's personnel policy is not appropriate for his employees. The Sheriff's Office does have a personnel policy, Wells said, but he would not elaborate on it.
He added that drinking is not condoned within his office.
Referring to the charge against Ellis, Wells said he shouldn't need to make policy about drinking and driving. The General Assembly has regulated that and made it state law, he said.
Wells is currently the subject of an investigation by state officials, who allege that he commingled personal funds with his office's payroll.
Special Prosecutor Eric Sisler of Rockbridge County met with the Bedford County Board of Supervisors on Monday night to discuss his findings.
A trial for Ellis has been scheduled April 27 in Bedford County General District Court.
Bedford County Commonwealth's Attorney Jim Updike said he will petition the court for a special prosecutor.
by CNB