DATE: Thursday, September 25, 1997          TAG: 9709250363

SECTION: FRONT                   PAGE: A1   EDITION: FINAL 

SOURCE: BY MIKE MATHER, STAFF WRITER  

DATELINE: VIRGINIA BEACH                    LENGTH:   80 lines

BEACH OFFICERS FACE PENALTIES AS MANY AS 10 COULD BE FIRED, SUSPENDED OR DEMOTED FOR FATAL SHOOTING

As many as 10 police officers have been charged with violating Police Department policies and could be suspended, demoted or fired for their roles in the fatal shooting of an unarmed motorist on Independence Boulevard, according to police officials and an attorney representing the officers.

The officers received letters Tuesday and Wednesday notifying them that a lengthy internal review of the case led to the charges, police said. They have five days to respond to the charges before they will be disciplined. The letters were sent by ranking police officials.

The charges are administrative, not criminal. Commonwealth's Attorney Robert Humphreys had previously cleared all the officers of criminal wrongdoing.

The case involved a low-speed chase March 25 on Independence Boulevard that resulted in the shooting death of Bruce V. Quagliato, 28. Police said Quagliato was shot as he tried to ram his way past the officers in his Camaro. Police fired at least 60 shots at the car.

The most severe penalties that could be assessed against the officers are dismissal, demotion or suspension. Lesser punishments include involuntary transfers and reprimands.

An attorney representing some of the officers who received the disciplinary letters said they are being used as scapegoats to cover up inadequate training and the wrongs of high-ranking supervisors.

``This is nothing more than certain people trying to promote their own personal agendas,'' said Kenneth W. Stolle, an attorney who will represent several of the officers. Stolle is a state senator and former Virginia Beach police officer.

Stolle said the 3rd Precinct roster from the night of the shooting shows that two sergeants had been given leaves, meaning the remaining two sergeants on duty were overburdened. The precinct's lieutenant went home early that night, Stolle said.

Police officers involved in the shooting and the investigation said they have been told to expect four terminations and the demotions of two sergeants. Stolle said he understands the city is pressing for one termination and the sergeants' demotions. No one representing the city or the Police Department would comment on what disciplinary actions will be taken.

Because this is a personnel matter, police officials and the city attorney's office refused to identify the officers or discuss their alleged administrative violations. Stolle said most officers were being charged with procedural infractions, like not executing a rolling roadblock properly.

Quagliato's family members have notified the Police Department and the Navy that they plan to file a suit for $2 million. The Navy is included because the events that led to Quagliato's death began at Little Creek Naval Amphibious Base.

At the conclusion of the low-speed chase, Quagliato's car and at least one police cruiser collided. Quagliato's Camaro then swerved off the road and struck a light pole. While trying to arrest him, several police officers fired at Quagliato, who was still in the driver's seat. He was struck by several 9mm bullets and died. The officers said they fired because they thought Quagliato was trying to escape by running them over.

The officers who received the notices have several options. They can answer the charges in writing and try to dissuade the Police Department from taking action. Capt. A.M. ``Jake'' Jacocks of the department's Professional Standards Office - the equivalent of internal affairs - said few officers use that option.

Most of the officers will likely appeal to either the city's Personnel Board or appeal using a similar process called the Law Enforcement Officers' Procedural Guarantees. Jacocks said most officers choose the Personnel Board because that body's decisions are binding.

The Personnel Board can reverse disciplinary actions even against the police chief's wishes. The other appeal process can only offer a recommendation that the police chief can accept or deny.

The Police Department generally does not defer punishment during the appeal process. An officer who has been fired will lose his gun, badge and salary during the process. ILLUSTRATION: Color file photo

MARCH 25, 1997 - Bruce V. Quagliato, 28, who was not armed, was shot

to death on Independence Boulevard at the end of a slow-speed chase

when police fired at least 60 rounds into his car. Police said they

thought he was trying to run them over. KEYWORDS: VIRGINIA BEACH POLICE DEPARTMENT

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