Sept. 12--Two West Reading police officers fired over the borough department's stun gun scandal will be reinstated, one will not and one who was suspended will be given back pay and have the incident removed from his record, according to an arbitration ruling made available today.
It was proper for the borough to fire Sgt. Matthew R. Beighley in January for using a department-issued stun gun on several officers, borough employees and his father at parties, in borough hall and at home, the ruling stated.
It also was proper for the borough to discipline Sgt. Ryan Phillips and Officer Nick Karetas for their behavior, but their offenses did not justify being fired, the ruling said.
The ruling gave those men 120-day suspensions, denied their request for back pay and provides an opportunity for the borough to reconsider Phillips' rank.
The ruling said the men erred in judgment.
Phillips used a stun gun on Beighley and Karetas' wife at a Halloween party in October 2010 and Karetas used the gun on Phillips' girlfriend, who is now his wife, the ruling said.
Phillips borrowed the stun gun from on-duty Officer Chris Sacks, who had stopped by the party to eat dinner, the ruling said.
Sacks resigned during the investigation and was not punished.
Sources said Sacks was upset that Phillips had asked to see his stun gun and then took it to another room where he used it on Beighley.
Returning to borough hall, Sacks told Officer Matthew Nguyen about the incident and asked for another cartridge for his stun gun so he could be fully armed while on duty.
Nguyen gave the cartridge to Sacks to ensure his safety while on patrol, the ruling said. Nguyen should have reported the incident to borough officials, but his failure to do so is not conduct unbecoming an officer, the ruling said.
There was no cause to suspend Nguyen for 30 days because the borough has selectively enforced its disciplinary rules, the arbitration said.
Nguyen was awarded back pay.
The ruling came as the department deals with another scandal.
West Reading Police Officer Ronald E. Ladd was charged Tuesday with harassment in the Aug. 31 fight with borough Police Chief Edward C. Fabriziani.
Fabriziani and Ladd have been on paid administrative leave since the altercation, during which Ladd punched Fabriziani several times, according to the charge filed at District Judge Timothy M. Dougherty's office.
Sources said the fight began after Ladd disagreed with the chief and another officer over their decision not to arrest a man for violating a protection-from-abuse court order that a woman had filed against her ex-boyfriend.
The argument escalated, and Fabriziani poked Ladd in the chest first, sources said.
A press release from Berks County District Attorney John T. Adams' office said Fabriziani "suffered minor abrasions on his face and body."
The injuries were not serious enough for Ladd to be charged with simple or aggravated assault, Adams said when asked later about the charge.
Fabriziani was treated and released the same day from Reading Hospital, Adams said.
With no independent witnesses, the charge was based solely on physical evidence, Adams said.
"Physical evidence indicated Ladd was the aggressor and initiator of physical contact," Adams said.
Ladd's employment will likely be discussed at a borough council meeting next week, sources said.
In an interview Tuesday, Ladd gave his account of the altercation. He said he closed the chief's office door to speak with Fabriziani, who Ladd said then jumped out of his chair.
Fabriziani screamed and was so angry that spit was landing on Ladd as the chief was yelling, Ladd said.
Fabriziani used his palms to push Ladd in the chest, Ladd said.
"That's when I defended myself," said Ladd, who described the tussle as more like a wrestling match than a fist fight.
During the scuffle, Fabriziani hit his head on a bookshelf, Ladd said.
That left a mark on the chief's head, Ladd said, noting that he had as many, or as few, scratches as Fabriziani.
"I could have gone to the hospital, too, but this was already embarrassing enough," he said. "My entire life I have served the public, either through military service or police work, and often both, and for this to go on and me having to defend myself? I'm beyond words.
"If I punched him a dozen times like he's saying, then where are the injuries?"
Ladd's attorney, James E. Gavin, was unavailable for comment.
Sources said the fight occurred after Ladd was dispatched to back up Officer Thomas A. Hawn on the call about the man who was violating a protection-from-abuse order.
Hawn decided not to pursue the matter because he didn't feel like beginning paperwork on a Friday, sources said.
Ladd disagreed with that decision and went to Fabriziani, who sided with Hawn.
That led to an argument that turned into a scuffle.
Adams previously said his detectives were looking into why Hawn didn't make an arrest.
He said Tuesday that his office forwarded some information regarding that matter to the borough.
Moore said Hawn's actions are part of Gerber's investigation.
"Whether or not West Reading is going to determine whether or not the proper policies and protocols were followed is a matter that has been turned over to the West Reading police department for an internal investigation," Adams said.
Meanwhile, according to county court documents, the man with the PFA against him has had a warrant for his arrest since July.
Last week, a borough officer filed additional charges against the man for sending harassing text messages to the woman who had sought the order, according to court records.
Several police officers in other departments, who asked not to be named, said proper procedure is to arrest those who violate such court orders.
Adams called the entire situation unfortunate.
"We've had to investigate a number of issues with that department and we hope this is the last," Adams said.
Earlier this year, four West Reading officers were fired or suspended for using department-issued stun guns on one another and family members at parties, in their homes and at borough hall.
On Tuesday, several business owners in the borough said they're disgusted with the police department, but none wanted to be identified by name since they rely on the department to protect their livelihoods.
Contact Jason Brudereck: 610-371-5044 or [email protected].
Copyright 2012 - Reading Eagle, Pa.
