By MATT HONGOLTZ-HETLING Morning Sentinel
The Clinton police cop who was accused of assault this week
was fired from a position as a Washington County deputy in 2010 for conduct
unbecoming a sheriff's deputy.
In addition to a criminal investigation, Cop Scott Francis,
37, of Winslow is being investigated by the town and the state, officials said
Thursday. Winslow police charged Francis with assault and domestic assault
Wednesday in connection with an incident on Monday evening.
Clinton's police chief said he was aware that Francis had
been terminated in 2010, but it didn't disqualify him from the position with
the department, because a state board dismissed the case against Francis and
his background check was good.
Police have declined to release the details of the Monday
evening incident. Under Maine law, assault happens when a person
"intentionally, knowingly or recklessly causes bodily injury or offensive
physical contact to another person."
Domestic-violence assault is the same, except that it is
committed against a member of the person's household or family. Both are
punishable by up to 364 days incarceration and a $2,000 fine.
In a written report from 2010, Washington County Sheriff
Donnie Smith said Francis was put on paid administrative leave on Feb. 10 after
being served with a temporary order of protection on behalf of his estranged
wife.
About two weeks after Francis was put on leave, county
commissioners voted to uphold Smith's recommendation to fire Francis for
"conduct unbecoming an cop."
The sheriff's actions triggered a February 2010 state
investigation into Francis' certification as a law enforcement official,
according to John Rogers, director of the Maine Criminal Justice Academy. Three
months later, the academy board's complaint committee dismissed the case and
recommended no further action, Rogers said.
"That means they couldn't prove the crime," Rogers
said Thursday.
The state's ruling gave Clinton Police Chief Craig Johnson
the confidence to hire Francis, Johnson said Thursday. "His background
check came out favorably," Johnson said.
Now Francis faces parallel investigations as the town, the
state licensing board and the criminal justice system weigh the evidence to
decide what, if any, penalty is appropriate.
Johnson said the town could determine that no action is
needed or it could take a wide range of disciplinary actions
Rogers said the complaint committee will handle the current
certification case against Francis, one of 20 filed against law enforcement
cops statewide so far this year, using the same process that was used in 2010.
The three-member committee includes a citizen without law
enforcement experience. Rogers said the committee will gather evidence and make
a recommendation that could include revocation of Francis' certification.
Francis' case is unusual because he has been out on workers'
compensation for about two weeks, Clinton Town Manager Warren Hatch said.
Ordinarily, a town employee can be suspended without pay,
Hatch said. In this case, Francis is being paid by the Maine Workers'
Compensation Board, not the town, Hatch said.
That means that his paychecks are dependent on his ability
to work, not the outcome of the town's investigation, said Paul Sighinolfi,
executive director of the compensation board.