
DATE: Wednesday, October 8, 1997            TAG: 9710080479

SECTION: FRONT                   PAGE: A1   EDITION: FINAL 

SOURCE: BY MIKE MATHER, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:  183 lines

CONFUSION MUDDLES BEACH POLICE CASE CONFLICT WILL LIKELY LEAD TO REDUCED PUNISHMENTS

Police Department problems have sidetracked the internal investigation into the March 25 fatal shooting of an unarmed motorist, causing the department to retreat from the harshest of the discipline proposed for many of the 20 officers involved, according to law-enforcement sources.

As many as 18 officers had been told nearly three weeks ago to expect lengthy suspensions, demotions and firings. But miscommunication and conflicting conclusions among police officials who investigated the incident may mean that the punishments will be far less severe, those involved said this week.

The result is that the sweeping punishments expected last week haven't materialized, and Police Chief Charles R. Wall is apparently rethinking what will happen to the officers involved in the death of 28-year-old Bruce V. Quagliato.

``I cannot stress enough that the final decision has not been made by the chief,'' said a Police Department official Tuesday. The final decisions could come by the end of this week. Wall is prohibited by law from commenting on personnel matters.

The officers and their legal and union representatives said they now believe that no one will be fired or demoted, but reprimands and suspensions may still be likely for some.

A police source involved in the investigation said that was an accurate assessment.

Interviews this week with a dozen officers involved in the incident and its investigation revealed confusion and conflicts in the handling of the department's findings.

For example, four of the eight officers who fired shots during the incident received letters from Wall in August notifying them they had not violated department policy. But last month, the four officers received letters signed by a police captain notifying them that they would be disciplined for policy violations.

The fallout has been dramatic. Several officers assigned to the Third Precinct, where the incident occurred, said morale has plummeted. Many said they now try to avoid car pursuits because of the charges leveled against most of the officers involved in the March 25 incident.

Of the 20 officers involved in the pursuit and shooting of Quagliato, only two - Susan M. McCoy and Scott E. Wichtendahl - escaped departmental scrutiny. Neither is with the Third Precinct.

Police sources said administrative charges against two other officers were dropped because those officers were acting on orders. That leaves 16 officers awaiting the chief's decision on punishments.

All of the officers interviewed by The Virginian-Pilot spoke on condition they not be named. All said they feared further reprisals.

The internal investigation of the low-speed pursuit and shooting has raised questions and concerns among those involved.

Specifically:

Officers were criticized for poor performance of tasks they had never been trained to do.

Many officers were written up for minor infractions, like failing to turn off their sirens, leading to a perception that the department's commanders are being vindictive.

Although there was supposed to be a lieutenant on duty in the precinct and a captain on duty in the city, those posts weren't filled on the night of the shooting. The lieutenant adjusted his hours and went home early, and a captain never signed on for the shift. But no one above the rank of sergeant was targeted for discipline.

Officer Shawn Walther, who began the pursuit and first fired at Quagliato, was initially considered for a commendation, but instead became the main scapegoat. Even before the internal investigation started, he was suspended with pay for more than six weeks and banned from the precinct during that time. He was ordered to take two psychological evaluations and passed both.

The two sergeants involved, Michael Zito and Brian Robertson, were not allowed to use the city's ``open-door policy'' to speak to the police chief. Ken Stolle, the officers' legal representative, said Capt. Sandi Baum denied them access to the chief until Stolle called City Manager James K. Spore. Spore allowed the meeting.

The conclusions of one investigation, reviewed by the police chief, found that four of the eight officers who fired their weapons had acted properly, or ``within policy.'' But a subsequent investigation by a panel of captains disagreed, saying that those four officers were ``out of policy.''

The contradictory conclusions are ``probably what the officers involved find most offensive,'' said Stolle, a senator and former Virginia Beach police officer.

But a police official, speaking on condition of anonymity, said Wall wasn't aware that Baum and a panel of captains had, in effect, countered his recommendations. The official said that, unless further evidence surfaces, Wall's decision to clear the four officers would stand.

The criticisms of the investigative process reflect only the police officers' side. City officials are forbidden by law from discussing personnel issues. Baum is at the FBI Academy in Quantico and could not be reached for comment.

The internal investigation and resulting charges against the officers are administrative, not criminal. All involved were cleared of criminal wrongdoing by the Commonwealth's Attorney's Office. The internal investigation centers on whether the officers' actions were within department guidelines.

While four officers were found ``in policy'' for their roles in the shooting, the other four were not. The criticisms of them included counting the number of bullets they fired, not staying behind cover, and shooting without knowing what caused the first officer to fire. The officers interviewed dispute those charges.

Those who spoke about the case said the disciplinary process began falling apart shortly after the department's Professional Standards Office handed its findings to Baum last month.

It was Baum's duty to review the findings for violations of departmental policy. The officers were notified of the charges against them in a Personnel Conduct Report and were given five days to respond.

After the five days, Baum recommended specific punishments to her superiors. Wall would then have to approve the punishments.

This is where the process has stalled, say those familiar with the case. The chief hasn't approved the punishments because of the apparent miscommunications.

Many of the officers involved in the Quagliato case have admitted that some aspects of the incident could have been handled better. But they say that the outcome was unavoidable.

The Quagliato family's attorney, James McKenry, disagrees. McKenry said the family is considering a lawsuit against the city and the Navy. The Navy is included because the events that led to Quagliato's death began on the Little Creek Naval Amphibious Base.

All the officers who were interviewed agreed that one thing is certain: There was too much shooting.

Some officers fired at Quagliato's car when they were too far away from the car or too close to other officers. Some officers said they fired because they thought the initial burst of gunfire came from Quagliato, but they later learned Quagliato was unarmed.

Other officers fired in panic. One officer shot four times into the police car he was crouching behind. Others sent bullets whizzing past officers in front of them.

``It was chaos,'' an officer said. ``A total mess. We're lucky we didn't shoot each other.''

The eight officers fired more than 60 bullets. More than a dozen hit Quagliato, killing him.

The shooting happened at the end of a low-speed chase on Independence Boulevard. Quagliato's car had collided with at least one police car on the base. He refused to stop for Virginia Beach officers and, they said, he repeatedly rammed their cars.

The chase ended in a crash on Independence Boulevard near the Virginia Beach-Norfolk Expressway. Police said Quagliato refused to surrender and acted as though he was armed. ILLUSTRATION: [Color Photo]

Bruce Quagliato

GARY C. KNAPP File photo

All the officers interviewed agree that there was too much shooting.

QUAGLIATO FINDINGS

The case: As many as 18 officers had been told three weeks ago to

expect harsh punishments in the March 25 shooting death of the

28-year-old unarmed motorist. Now sources say miscommunication

within the Police Department and conflicting findings from internal

investigations will lead to much lighter penalties.

What's next: The final decision could come by the end of this week.

CHRONOLOGY OF EVENTS

March 25