A Brown County Sheriff’s Department sergeant was demoted to the rank of deputy on Aug. 14 and suspended immediately for 15 days without pay after the merit board judged six of seven allegations against him to be credible.
Sheriff Scott Southerland had requested that the merit board take disciplinary action against Sgt. Daniel “Scott” Bowling. A hearing took place on Aug. 10 where charges were listed, evidence was presented and witnesses testified.
Bowling, a 20-year veteran of the department, was accused of seven charges, six of them rules of the department and one of them from Indiana code.
The merit board determined that Bowling had not properly collected evidence at the scene of an investigation; had neglected his duty in that case; did not report a possible child abuse case to the Indiana Department of Child Services as ordered by his captain and neglected his duty in that case; did not report the mother’s statement in that case; and violated standard operating procedure for the use of his in-car video equipment.
The board decided that a seventh allegation, about Bowling making false or incomplete statements, was not supported by the evidence.
Southerland and Bowling both called on witnesses to testify.
Southerland alleged that Bowling failed to record proper evidence at a case of neglect on Peoga Road to which he responded on May 19, and failed to properly report a child abuse case on May 28.
Det. Brian Shrader investigated the neglect case, which involved a senior citizen who had died at home.
Shrader said that Bowling did not initially take photos or statements at the scene.
Bowling said that bodies are not undressed and examined at the scene; the coroner is responsible for that. Since no other injuries were visible other than a sore on the victim’s leg, he did not record any more evidence, he said. Shrader followed up to collect it.
Just over a week later, Capt. Mike Moore called Shrader to investigate a child abuse case on Bell Road.
Shrader said that Bowling did not take the names of victims or injuries involved, and Shrader was not told if measures were taken to make sure the child was safe. The Department of Child Services also was not contacted about the case.
In March, Moore had directed officers to call the DCS hotline about every incident involving a person younger than 18. That directive came in the form of an email describing procedure and policies for child abuse cases. Moore said he had composed the email with Southerland’s direction.
Bowling said that the email was “vague.” He said he did not call in this case because it’s hard to say which cases are credible. Bowling did follow up with the mother of the child, he said. However, he did not write the mother’s statement — that her child had been struck with a belt — in a report, Southerland alleged.
Shrader testified that Bowling was only on the scene of the abuse case for nine minutes. Bowling said this was because he wanted to make sure that the mother and child were out of that situation as quickly as possible.
Bowling called Brown County Prosecutor Ted Adams and former chief deputy prosecutor Tracey Yeager Stogsdill as his witnesses.
Yeager Stogsdill is Bowling’s sister-in-law; she is married to Brown County Sheriff’s Department Chief Deputy Brad Stogsdill, Bowling’s half-brother.
Yeager Stogsdill said that since the call on Bell Road was called in as a “verbal domestic” situation, she didn’t know why it would be necessary to have a photo taken. She also said it’s not all that unusual for the prosecutor’s office to ask for more information in an investigation.
Southerland asked Yeager Stogsdill if, in a domestic situation, an officer learns that a child has been injured, would the prosecutor be satisfied if there is no report or pictures taken? Yeager Stogsdill said that if a report is not done, the prosecutor doesn’t get to know.
When asked by Southerland if he would rank Bowling’s work as above average, average, or below average, Adams said he would rank it as below average.
Adams described different degrees of investigatory work: “Bush league,” “minor league” or “major league.”
In a battery case, “major league” work would consist of photos, videos and witness statements. “Minor league” is much of the same, but the prosecutor’s office may have to make an extra phone call or so. “Bush league” is a complete lack of investigation — Adams himself having to make calls and maybe even having to throw out a case.
Bowling asked Yeager Stogsdill if he was “below average” and she answered no.
Bowling said that sometimes cases are turned in incomplete and not filed — not just his. He said there were no crimes at the time when he arrived at both scenes.
“Maybe I got a little complacent,” he said. “My fault. I’m sorry.”
“I want to be past this.”
Moore also testified that the only footage from Bowling’s car camera was one recording taken in March. Moore explained that the car’s recording system is set to automatically record as soon as sirens and lights are turned on.
Bowling said that his camera does not work like that; he has to turn it on manually.
Use of in-car video should be utilized as much as is practical for statements, interviews, crime scenes, confessions and investigative conversations, according to the sheriff’s department’s standard operating procedure, as it is the best defense “against frivolous allegations and complaints for both the individual and department,” the procedure says.
Southerland said he felt like as Bowling’s supervisor, these examples left him “no choice” but to bring charges before the merit board against him. Bowling should be setting an example for officers below him, the sheriff said.
Bowling did not appear at the meeting on Aug. 14 at which the decision was announced. The board called him and put him on speakerphone to tell him of the outcome.
Bowling alleged a violation in regards to the witnesses at the hearing, but merit board spokesman Bob Shook said that that was not the place to discuss it; he could file an appeal.
Bowling did not return a message seeking comment by deadline for this story.
