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An attorney for West Valley City on Wednesday asked the Utah Court of Appeals to overturn a decision reinstating the rank and pay of a lieutenant who oversaw the police department's troubled narcotics unit.
Lt. John Coyle was demoted by the department to a rank-and-file officer in 2013 on the grounds that he inadequately supervised the now disbanded Neighborhood Narcotics Unit. The demotion followed an investigation prompted by the fatal police shooting of Danielle Willard, which uncovered a number of problems in the unit, including mishandling of evidence and booking evidence without proper documentation.
Coyle appealed and the city's Civil Service Commission ruled in May 2014 that while he violated police policies, his demotion was unwarranted. The commission decision said that allegations against other unit members were similar to those against Coyle, but the lieutenant was the only one to receive a demotion.
At Wednesday's hearing, attorney Judith Wolferts, who represents the city, said commission members thought higher-ranking police officials were not being disciplined and she believes "they had an issue with that." She argued the violations were not just technical and said proper documentation "goes directly to how evidence is going to be viewed in a court of law."
Erik Strindberg, Coyle's attorney, countered that the commission carefully examined the nature of the misconduct and considered the lieutenant's service record in arriving at a decision. He also said that one member of the unit put a GPS on a vehicle without a warrant, which he described as a more serious violation, but received only a suspension.
The three-judge panel took the case under consideration and will hand down a decision at a later date.
Coyle, who is now working as a lieutenant in the West Valley City Police Department's records department, declined comment after the hearing.
Strindberg said the civil service commission's decision was well-reasoned and he believes it will be upheld.
The investigation into the narcotics unit began after two detectives, Shaun Cowley and Kevin Salmon, shot and killed Willard, 21, during what they suspected was an illegal drug transaction on Nov. 2, 2012. As a result of the probe, Salt Lake County District Attorney Sim Gill dismissed about 120 narcotics cases handled by the unit.
Cowley was fired by the department on Sept. 12, 2013. Gill's office filed a manslaughter charge against him, which was dismissed last year by a 3rd District Court judge after a preliminary hearing.
Cowley has appealed his dismissal to the city and a five-day hearing is scheduled to begin June 8 in West Valley City's justice court. Salmon was put on paid leave, then resigned.
In February, West Valley settled a wrongful-death suit with Willard's family for $1.425 million without admitting any liability. The West Valley City Council voted 4-2 last summer to dissolve the Civil Service Commission and replace it with a hearing officer.
Twitter: @PamelaMansonSLC