Select Board questions missing gun investigation
A Dartmouth Police-issued gun that went missing nearly four years ago remains unaccounted for despite an investigation, and frustrated Select Board members are continuing to seek answers.
The gun in question belonged to former police sergeant Frank Condez, and the sequence of events since it was discovered missing is a tangled web. The situation was up for discussion at the Select Board meeting on Monday.
Condez was terminated in 2013 under former chief Timothy Lee’s oversight of the department. At the time, the town cited reasons for the firing that included Condez’s involvement with uploading unauthorized software onto the police department’s computer system as well as tampering with hard drives at the station.
Condez appealed the termination to the state Civil Service Commission, which determined that while those actions did not justify his termination, the firing was just due to “wholly false accusations” made by Condez in 2014 “that Chief [Timothy] Lee was guilty of a felony, namely, criminal abuse of his only child.”
The Commission said that Condez displayed a lapse of judgment and was compelled to do so by “retaliatory behavior motivated by an unfounded personal animus against Chief Lee and others, all of which is utterly intolerable in a police officer.”
Lee went on medical leave in March of 2015 for what he said was job-related stress resulting in anxiety and migraines. He later sued the town, Select Board members, and Condez for lost wages and other costs.
Lee remained police chief until his contract ended on June 30 of last year, and the town reached a nearly $658,000 settlement with him late last month.
The mystery of the missing gun, however, remains.
According to town officials, Condez has alleged that the gun was stolen by former Chief Lee when their relationship turned sour.
Town officials fear that the gun could be a liability if it is used to commit a crime.
“A gun disappeared from the most secure building in this town,” Select Board member Frank Gracie told the board and current Police Chief Robert Szala, who was on hand for the discussion. “So either the right questions haven't been asked, or the right people haven't been asked.”
Szala said that currently, the investigation is ongoing. The State Police and the Bristol County District Attorney's Office are involved.
Select Board member John Haran suggested the FBI lead investigations to expedite the now cold case, save the town money, and maintain security.
"A police department should not investigate itself," said Haran, listing transparency, bias, and conflict of interest as obstructions to the search.
"There's nothing I want more as the police chief than transparency, and you should expect nothing less from me and my staff," Szala responded. He added that the FBI is aware of the investigation, but that the bureau is content letting the three aforementioned offices handle it at this time.
Szala also noted that when the situation first arose, he had suggested to Lee that the State Police lead the investigation. Lee refused, Szala said.
Complicating the discussion on Monday was a currently unsettled lawsuit between Condez and the town.
"What concerns me is a court case right now," said Select Board member Stanley Mickelson, who warned both Szala and Select Board members not to say anything that could hinder the litigation process.
McDonald suggested that Litchfield Cavo, LLP, take on the investigation, as the company is already representing the town in the Condez case.
"It stays within the bubble of representing the town, and it stays within this case," he explained.
Haran objected, saying hiring an attorney would be costly.
The Select Board ultimately decided to address the matter again in mid-May, after a decision is likely to be rendered in the Condez lawsuit.