Former Minneapolis cop says actions in Green Bay didn't justify firing

  • Article by: DAVID CHANEN , Star Tribune
  • Updated: January 11, 2014 - 9:35 PM

Two officers fired for an off-duty incident in Green Bay have appealed their terminations, denying they used any slurs.

A former Minneapolis police officer who is appealing his Dec. 3 firing by Police Chief Janeé Harteau has for the first time spoken publicly about what happened on the June night in question in Green Bay, Wis.

Brian Thole and fellow officer Shawn Powell are fighting their terminations for allegedly using racial and sexual slurs and for berating Green Bay officers for their handling of the off-duty pair’s scuffle with a group of black men.

Thole said late last week that in fact, he and Powell were assault victims and that he feels betrayed by the Minneapolis Police Department administration, the police union and Green Bay officers.

Though Harteau could not discuss what specific discipline she handed out, she strongly defended her decision, asserting that the officers violated the department’s core values and goals.

“When an officer identifies themselves as a Minneapolis cop, it does change the scope and severity of the incident, because their actions will reflect and impact other members of this department,” she said.

Harteau also said the discipline was the direct outcome of an internal affairs investigation and that any discipline case has many more components than can be revealed to the public. “To tell someone their career is over is very hard,” she added. “If that doesn’t bother a chief, they shouldn’t be a chief.”

When Thole and Powell, patrol partners on the city’s North Side and members of the SWAT team, were put on paid administrative leave in July, official reaction was swift and severe. Harteau and former Mayor R.T. Rybak said they were angered and appalled by the officers’ racist and derogatory language. Harteau also announced she would initiate a dialogue with cultural and faith leaders to restore public trust in the department. And the Minneapolis police union didn’t contest the firings, meaning the officers are paying for their own legal representation.

Best friends Thole, 36, and Powell, 35, who is now in Alabama for military training, have plunged into an unpredictable appeals process that experts say will weigh officers’ responsibilities for off-duty conduct against police department expectations, as well as public safety and accountability concerns.

It could take a year before the city’s civil service commission, which will hear the case in a trial setting, issues a ruling. And if the firings aren’t overturned, the officers can appeal their case to Hennepin County District Court.

Thole’s attorney, Gregg Corwin, said he strongly believes that any neutral party who reviews the investigative reports and videos from Green Bay will find that the officers did nothing that would justify termination.

Thole tells his story

Thole, who said he talked to Powell before agreeing to an interview, said that when Harteau personally informed the two on Dec. 3 that they were losing their jobs, she offered no reason.

He became emotional at times as he discussed the events that led to the officers’ dismissal.

“My whole life has been about helping people,” he said. “I haven’t lied about anything that happened in Green Bay. I’m human and made mistakes, and was willing to take my licks. But termination? I never thought I’d have to deal with an administration that would stab me in the back.”

He said he regrets that while talking to Green Bay officers, he referred to Harteau’s sexual orientation in what he called a nonderogatory way. He said he also overheard a Green Bay police lieutenant warn Powell “to not use that kind of language,” but doesn’t know if Powell said something racist.

Thole was heading up a major burglary ring investigation when Powell invited him to ride their Harleys to Green Bay on June 28 to visit Powell’s father’s grave.

Powell, a former Green Bay officer, told a colleague he was in town, and it was announced at roll call, Thole said. At dinner, they briefly chatted with two officers. According to the Green Bay report, that’s when Powell allegedly used a racial epithet, hours before their confrontation with a group of black men, Thole said. Both Minneapolis officers are white.

Thole denies that. “Neither one of us used the ‘N’ word,” he said. “If I was in uniform and I heard somebody using it, I would tell them not to do it again.”

About 1 a.m., they stopped at a bar for a final drink. He said he’d had a maximum of five drinks in the seven hours since he arrived in Green Bay, and was not drunk.

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  • In this August 2013 file photo, Minneapolis Police Chief Janee Harteau talked to the media after a closed door meeting with community leaders on how to improve relations with the police department. The meeting came in response to the incident in Green Bay involving two Minneapolis cops.

  • Harteau

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