Po­lice of­fi­cial hits 92 mph, gets warn­ing

As­sis­tant chief re­ceives $195 ticket af­ter boss is in­formed by States­man.

Austin American-Statesman - - METRO & STATE - By Tony Plo­het­ski tplo­het­ski@states­man.com

An as­sis­tant Austin po­lice chief was re­cently stopped for driv­ing 92 mph on MoPac Boule­vard (Loop 1) in a city-owned car while off-duty — and drove away with just a warn­ing.

As­sis­tant Chief Chris McIl­vain, who over­sees the de­part­ment’s pro­fes­sional stan­dards divi­sion, was trav­el­ing to Waco to watch a Bay­lor bas­ket­ball game with his young son when of­fi­cer David Mon­talvo stopped him near Braker Lane.

A Feb. 18 pa­trol car video shows Mon­talvo con­firm­ing that the car be­longed to the city, and he

and McIl­vain had a less than 30-sec­ond in­ter­ac­tion be­fore he re­leased the as­sis­tant chief with a writ­ten warn­ing.

“How fast was I go­ing?” McIl­vain asked.

“The first read­ing was 92, and I clocked you in at 88,” Mon­talvo re­sponded.

“Holy mack­erel,” McIl­vain said.

On Tuesday, McIl­vain told the Amer­i­can-States­man, “At the time of the traf­fic stop, I be­lieved I was in the area of MoPac where the speed limit was 75. I was mis­taken, and have re­ceived a ci­ta­tion for the vi­o­la­tion.”

In­terim Po­lice Chief Brian Man­ley wasn’t aware of the in­ci­dent un­til the States­man in­quired about it last week. He then or­dered that McIl­vain, who was driv­ing in a 65 mph speed zone, be is­sued a ticket. The ticket is for $195.

Man­ley also opened an in­ter­nal af­fairs in­ves­ti­ga­tion into McIl­vain’s ac­tions to en­sure he broke no depart­men­tal pol­icy. He said that in­quiry is com­plete, but that state civil ser­vice law pro­hib­ited him from dis­cussing the out­come be­cause it didn’t re­sult in a sus­pen­sion.

“I ex­pect of­fi­cers of this de­part­ment to com­ply with the law, whether it be crim­i­nal or traf­fic laws, just like we ex­pect the cit­i­zens to,” Man­ley said Tuesday.

Be­cause McIl­vain and other depart­men­tal of­fi­cials are sub­ject to be­ing called to duty 24 hours a day, seven days a week, the city fur­nishes them a take-home car so that they may quickly re­spond to an emer­gency.

McIl­vain’s use of the car was within depart­men­tal pol­icy, Man­ley said.

Over the years, the de­part­ment has re­acted swiftly to po­lice of­fi­cers who gave so-called “courtesy rides” to fel­low of­fi­cers stopped for drunken driv­ing. That prac­tice has been banned for two decades.

How­ever, Man­ley said that of­fi­cers must also be mind­ful of their treat­ment of col­leagues who speed, but that depart­men­tal pol­icy gives of­fi­cers lat­i­tude about when to write warn­ings or tick­ets to any citizen.

“I think that we’ve got a cul­ture and a his­tory now of hold­ing of­fi­cers ac­count­able,” he said. “We reg­u­larly ar­rest of­fi­cers when they com­mit vi­o­la­tions as we would a citizen un­der sim­i­lar cir­cum­stances.

“We also reg­u­larly is­sue

As­sis­tant Chief Chris McIl­vain was caught speed­ing on MoPac in a 65 mph zone.

Newspapers in English

Newspapers from USA

© PressReader. All rights reserved.