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UAPD: Arrest report incorrect

By Devin Simmons
Arizona Daily Wildcat
Thursday April 17, 2003

A local media report that stated that the UAPD officer who had a scuffle with a professor was suspended for 30 hours without pay is incorrect, according to a department spokesman.

"They tried to make a determination based on the information they were given," said UAPD Cmdr. Kevin Haywood. "But their determination is incorrect."

The information detailing the suspension, which appeared in The Arizona Daily Star, was obtained from a section of an internal investigation report done by the department into Officer Robb Fountain's actions in October.

The details of Fountain's suspension were redacted from the report because that information is a personnel issue and not subject to public record laws, as set forth by Arizona Board of Regents policy.

But portions of the blacked-out section could still be read.

"You can see through it, and it says 30 hours," said Hipolito Corella, specialty team leader at the Star. "We are sticking with 30 hours."

The internal investigation report, released to the Wildcat yesterday, called Officer Fountain's Oct. 30 actions "gross misconduct" and claimed, "The public trust in the competency of our officers has been placed in question."

On that day, Fountain went to Professor Irene d'Almeida's office in the Modern Languages building to follow up on a hit and run accident involving a student. The license plate number given to police matched the one on d'Almeida's car.

D'Almeida, a professor of French, told Fountain that she was too busy to talk to him at that time. But Fountain insisted and said, "We can do this the easy way or the hard way." He then attempted to handcuff her to take her down to the police station for further questioning, but d'Almeida resisted. In the ensuing melee d'Almeida's clothes were torn and her glasses broken.

Continuing investigations after the incident revealed that there was not sufficient evidence to consider d'Almeida a suspect in the hit and run case.

The internal investigation came to the conclusion that Fountain violated d'Almeida's expectation of privacy by entering her office without her approval, detaining her without probable cause for doing so, and violating her Constitutional rights by taking part in an unreasonable search or seizure.

The report also stated that Fountain violated department policy by handcuffing d'Almeida, who was not a suspect in the case; failed to properly document the incident and was not entirely truthful with a commander who arrived on scene after the incident.

"He clearly exceeded his power and authority in handcuffing her with the intent of removing her to the station for further questioning and for photographs," the report stated.

Though the specific details of disciplinary action taken against Fountain were blacked out, the report does suggest that disciplinary action was taken and that he was re-trained in police procedures that relate to the incident.

D'Almeida called reports of the suspension "ridiculous" and "inadequate." She has not been informed of the actions taken against Fountain by the University of Arizona Police Department and is still waiting for an apology.

She has filed a $250,000 wrongful-arrest claim against the department and the state.

"It's ridiculous," d'Almeida said. "That's why I plan on taking this lawsuit on to the bitter end."

Haywood declined comment on the specifics of the suspension.


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