The Incident That’s Torn the RI State Police Apart - Promises, Depositions, a Shooting, and Punches
Friday, November 15, 2019
The Rhode Island State Police are in the midst of a legal and administrative cleansing and many say the spark that ignited the department into organizational chaos was a series of incidents that took place five years ago.
Documents secured by GoLocalProv include confidential emails, a sworn statement by former Speaker of the House John Harwood, and a deposition by former Colonel Steven O’Donnell in a federal court case.
The documents show inconsistencies and claims of promises made during a meeting at a Panera Bread and promises broken by then one of the most powerful men in Rhode Island -- Superintendent of the State Police O'Donnell.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTMany in the Rhode Island State Police point to the physical confrontation between Lionel Monsanto and Trooper Jamie Donnelly-Taylor as the triggering event, but what may have started the domino effect took place less than a month earlier.
A shooting involving Donnelly-Taylor and how O’Donnell handled it may have violated the agency's own policies, as Donnelly-Taylor was forced back to work just three days after the shooting.
Since 2014, the venerable Rhode Island State Police have been in near-endless chaos and the agency has been investigated multiple times by outside experts and law enforcement.
Now, the agency has its third Superintendent in four years. Jim Manni was sworn-in in March of this year tasked with cleaning up the department.
In recent weeks, two high ranking State Police officers have retired and both were subject to an independent review conducted by the Connecticut State Police. Lt. Colonel Joe Philbin retired in good standing a few weeks ago. And, Captain Gerald McKinney, who is suing the State Police for discrimination, announced his retirement.
“Captain McKinney served as a member of the RISP for 25 years, and based on his years of service and service credit, he is eligible for retirement. He has opted to retire. As to any nexus between his decision to retire and the CSP investigation, as you may know, the Law Enforcement Officers’ Bill of Rights, R.I.G.L. § 42-28.6, prohibits me from making any public statement about internal investigations and prospective or pending disciplinary cases stemming from such investigations. Therefore, in compliance with that rule of law, I can make no comment and must decline to do so,” said Manni in a statement last week.
The Incident and the Preceding Incident
A video of a physical incident between Donnelly-Taylor and Monsanto has been seen by much of Rhode Island. Donnelly-Taylor’s reaction to Monsanto’s threat was found to be reasonable based on an expert's report unveiled by GoLocal last month.
It found, “Donnelly-Taylor’s actions taken up to the point – pushing Monsanto into the cell to clear space and delivering 6 or 7 closed fist strikes – to address a perceived threat – were reasonable based on industry standards, Donnelly-Taylor’s training, and RISP policy and procedure,” according to the Daigle report contracted by the Rhode Island State Police and the Rhode Island Attorney General. Many community leaders and minority police leaders have condemned the incident. The Daigle report caused approximately $30,000 according to state records.
Others were more critical, “The time in processing appeared to be a fairly routine procedure. It obviously became much more problematic when he was taken to the holding cell,” Lieutenant Charles P. Wilson, the National Chairman of National Association of Black Law Enforcement Officers told GoLocal after the release of the tape.
“Actions such as those exhibited have no place in professional law enforcement. They serve no useful purpose. They are, in my opinion, illegal and merit investigation as a civil rights violation. It is unlikely, however, that the justice department in the current administration will consider it as such,” said Wilson.
GoLocal has learned that after the Monsanto incident, Donnelly-Taylor was never interviewed at any time by any State Police officials.
Preceding Shooting
Prior to the Monsanto incident, Donnelly-Taylor was involved in a shooting incident less than a month earlier. According to multiple State Police sources, Donnelly-Taylor was responding to an incident at the University Heights parking lot in Providence near the McDonald’s, and a suspect drove his car directly at Donnelly-Taylor and he fired one shot through the front window of the vehicle. The incident took place on January 28, 2014.
The shooting was found to be appropriate by the Rhode Island Attorney General’s office. “A multi-agency investigation, led by the Providence Police Department, began immediately after the shooting. Based upon the results of the investigation, it has been determined that it is not necessary to present this matter to a grand jury for review. Instead, the facts and circumstances were reviewed by this Department and no further investigation is required,” wrote the Attorney General’s office to O’Donnell, dated September 2, 2014 — eight months after the University Heights shooting.
Pursuant to State Police procedure, Donnelly-Taylor should have been placed on administrative leave, but then-Colonel O’Donnell kept Donnelly-Taylor on the job and was he was never offered psychological services nor a psychological assessment, according to Donnelly-Taylor and confirmed by other members of the State Police with direct knowledge.
Just three days after the shooting, Donnelly-Taylor was back at work — well before the Attorney General found that the shooting was justified.
O’Donnell refused to respond to questions as to why Donnelly-Taylor was not placed on administrative leave. O’Donnell said in an email to GoLocal, “It’s impossible to respond to a point by point inquiry without access to records. As mentioned earlier, four separate courts of record have reviewed the entire litigation and all came to the same conclusion.”
One former member of the State Police command staff told GoLocal, “There is no police department in America that would allow an officer to come back to work right after being involved in a shooting.”
Manni refused to comment on the incident because of ongoing action relating to Donnelly-Taylor.
A feature story in Police Chief magazine and corroborated by significant academic research shows that the impact of "critical incidents" on the mental health of an officer can be profound.
“It is widely understood that participation in critical incidents can be a primary causative factor in mental health concerns for law enforcement officers. However, less understood is the toll taken by sustained exposure to lower-level stressors. Officers are regularly confronted by dissatisfied and disgruntled people, death, and repeated moments of fear of personal violence. When coupled with the worrying load of everyday life (e.g., kids, debt, relationships), these stressors can lead to cumulative trauma,” wrote Police Chief magazine.
Two weeks ago, GoLocal reported that that the former Chief Legal Counsel at the Rhode Island State Police is now speaking out and blaming former Superintendent O'Donnell for the decline of the agency’s morale.
In a series of social media posts, Lisa Holley squarely blamed O'Donnell for the decline at the agency.
“[You] can’t blame Colonel Assumpico solely for this mess. She inherited it. Morale tanked with O’Donnell,” wrote Holley on Facebook, in response to comments on the GoLocal article, "The 'Proud' RI State Police Are Facing Significant Challenges — It Is Not the First Time."
Promises at Panera, Broken Promises and Sworn Statements
At the foundation of the collapse of the fiber of the department was a promise made to Donnelly-Taylor by O’Donnell.
According to a sworn affidavit by former Speaker of the House and Donnelly-Taylor’s attorney John Harwood, O’Donnell told Harwood and Donnelly-Taylor that he would indemnify Donnelly-Taylor from any legal action from the Monsanto incident.
In Harwood’s affidavit he swore, “Prior to entering the Plea, we had discussions with the Rhode Island State Police Col. Steven O'Donnell about whether or not Trooper Donnelly-Taylor should accept a plea or go to trial. Col. O'Donnell told me on the phone and in person that he did not want Trooper Donnelly-Taylor to go to trial because of a tape that would embarrass the State Police; It should be noted that Trooper Donnelly-Taylor had a strong personal relationship with Col. O'Donnell in the lacrosse world as well as when he graduated from the Rhode Island State Police Training Academy.”
At a meeting at the Panera Bread shop in Cranston, Harwood says O’Donnell promised that the State Police would indemnify Donnelly-Taylor from any civil lawsuits relating to the Monsanto incident.
“Specifically, Col. O'Donnell, Trooper Donnelly-Taylor and I met at Panera Bread located in Cranston, RI where the Colonel indicated to Trooper Donnelly-Taylor that a plea would benefit the Rhode Island State Police in that if the tape disclosed could possibly be embarrassing,” said Harwood in his affidavit.
"After meeting at Panera Bread but prior to the plea, Trooper Donnelly-Taylor and myself called Col. O'Donnell to make sure that his assurance that Trooper DonnellyTaylor would be indemnified by the Rhode Island State Police for any civil liability. Col. O'Donnell clearly assured us that if we entered a plea for the said misdemeanor charge that Trooper Donnelly-Taylor would not need to worry about being indemnified for civil liability,” added Harwood.
In a question during a deposition relating to one of the lawsuits tied to the Monsanto and Donnelly-Taylor incident, the lawyer for Donnelly-Taylor asked O’Donnell the following:
Question: When you told these people [other top troopers] that you were going to support the troopers in every way possible, did you have an understanding that some of them might not be indemnified?
Answer by O’Donnell: Indemnification never came up, ever.
Question: It didn't come up at all?
Answer by O’Donnell: Those words never came up.
Question: Now, you mentioned to Mr. Caron that you talked to John Harwood?
Answer by O’Donnell: I did.
O’Donnell describes in detail a phone conversation between himself with other members of the command staff with Harwood in which the issue of indemnification was discussed. But O'Donnell is unclear about the details between himself, Harwood and Donnelly-Taylor at the Panera Bread the morning of Donnelly-Taylor’s plea.
In the deposition, O’Donnell does not support Harwood’s assertions.
Question: Did you talk to Attorney Harwood the morning that Trooper Taylor took the plea?
Answer by O’Donnell: I don't know, it's possible. I don't know.
Question: Did you call him on your cell phone?
Brief break requested by O’Donnell’s attorney
Answer O’Donnell: I don't know. I have no idea.
Question Is it possible that you used other words or terms -- let me ask you a better question. Is it possible that you used terms or words other than "support" during your conversations with Trooper Taylor and Attorney Harwood regarding how you would help him if he was sued civilly?
Answer O’Donnell: It's possible.
Question: Did you ever say that he would be covered?
Answered O’Donnell: It's possible.
Question: Did you ever say that he wouldn't have to worry about defending himself or paying a judgment if he was sued?
Answer O’Donnell: I don't remember saying that.
Ultimately, the State Police did not indemnify Donnelly-Taylor -- leading to a series of legal actions. The ramifications continue today.
What's Next for the Department -- Coming Next Week
This story was first published 11/14/19 6:30 AM
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