— by Lin McNulty —

It’s the middle of the night, you’ve just left a party where you have been drinking, and all of a sudden you find you and your vehicle off the roadway. The airbags have been deployed and there is considerable damage to the vehicle you have borrowed for the evening. Due to the hour, there may or may not be a deputy on duty.

You don’t appear to be injured. A co-worker, who has also just left the party, comes along and offers to tow you out of the ditch, increasing the chance that you can avoid discovery, a police investigation, a breathalyzer test, and a possible arrest.

What would you do? You are a public employee; does that make a difference in your decision process? Would you be more, or less, inclined to leave the scene of the accident? Are you to be held to a higher standard because of your employment?

This appears to be what happened on March 8, 2013 to an employee of Orcas Fire and Rescue. Faced with this situation, the driver and his co-worker opted to remove the car; however, they needed a chain. They knew where the chains were located back at the fire station so they went to retrieve a chain (publicly-owned property) and pull the car out of the ditch. The wrecked car was, if not driveable then at least towed to the back parking lot of the fire station. From there, the original driver obtained another vehicle and drove home.

Phew! You might say. That was close.

You don’t, however, man-up and tell the owner of the vehicle, an on-duty paramedic, that you just wrecked his car. You don’t call the police.

When Assistant Chief Mik Preysz is eventually notified of the accident by the accomplice, he comes to the station and places a call to 911 to report the accident. Because the on-duty deputy is already home for the night, and because the vehicle has already left the scene, Deputy Crowe decdes to wait until daylight to do an investigation.

The next morning, the driver of the vehicle is questioned at the fire station by Deputy Johns and he gives a statement that he was sleepy and swerved to miss a deer. Pictures are taken of the accident scene (where a piece of bumper belonging to the car is located), and pictures are taken of the vehicle. A report is filled out and the case is closed—no charges filed against the driver.

The island rumor mill eventually takes hold and in October, Fire Chief Kevin O’Brien gives the following statement at a regularly-scheduled meeting of the Board of Fire Commissioners and reported by Orcas Issues:

Vehicle Accident
Over six months ago, I hosted a private barbeque dinner for my family and friends. After I had turned in for the night, I learned that one person had a minor accident after the individual had left my home. Fortunately, no one was hurt and no public property was damaged. The San Juan County Sheriff’s Department was promptly notified of this incident, and I determined that no official action was needed by the Fire Department.

In October, following a Public Records Request from Orcas Issues, the investigation was re-opened by Undersheriff Bruce Distler. On October 26, the Undersheriff conducted an interview with the driver in which the vehicle operator explained that “the defroster must have ‘kicked in’ causing a change in the visibility through the windshield and he swerved and came to rest on the side of the road.”

On November 12, Distler again had a conversation with the driver and questioned the original story about swerving to miss a deer. According to Distler’s follow-up report, the driver “looked confused and could not provide an answer.” Distler also asked again about the defroster problem to which the driver replied “the defroster was working well, blowing warm air into his face, and he believed he got tried (sic) and may have dozed off.”

On January 9, 2014, the driver, Jack Robert Delisle, was issued a citation charging Negligent Driving in the Second Degree, with a fine of $550. Although Delisle originally opted to contest the infraction and requested a court date to defend against the charges, he has since plead guilty to Negligent Driving.

It could just as easily been any number of us. Although we would not have had access to the publicly-owned chain used to remove the vehicle, we might have had other resources available. Does the fact that Delisle is a public employee mean that he should be held to a higher standard, even though he’s not elected, even though he was “off-duty?”

What would you do?

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