SHERIFF CLARKE'S GUN ARREST

DAVID CLARKE: IDLER OR LOAFER?

Early Weapons Arrest Revealed

By Michael Horne

Sheriff David A. Clarke Jr. has often grumbled that his deputies don’t give him a day’s work for a day’s pay. Milwaukeeworld.com decided to take a look at the sheriff’s own record of productivity during his service as a Milwaukee police officer.

As reported in this week’s Shepherd Express, Clarke was dismissed from the police department on November 3, 1983, for four counts of violations of department rules and regulations, to wit: [being] “intoxicated, untruthfulness and failing to obey lawful order emanating from [a] superior officer.”

Clarke appealed the dismissal, and was reinstated by the Fire and Police Commission in its order no. 8782, dated February 29^th 1984. The commission also doled out a three day suspension for Clarke, commencing May 8^th, 1984. He was then sent back to the Police Academy on May 11^th, 1984, for “training following period of susp[ension].”

This move would have embarrassed many other officers, who might have resigned, but not the dauntless, gun-loving former Burger King Assistant Manager and truck driver for Federal Distributing, who was then assigned to the early shift at the Fourth District on May 25^th 1984.

HEGERTY ON “TRUTHFULNESS”

Perhaps the most damaging element of the charges against Clarke was the “untruthfulness” allegation.

As now-chief Nanette Hegerty said about her firing of the officers involved in the Frank Jude, Jr. beating case, “any officer found guilty of untruthfulness has no place in the police department because they have no credibility.” Now there’s some food for thought. Clarke’s “Hard Card,” as the information record is known, shows that Clarke took unpaid general leave of absence through 3/25/03 on March 25^th, 2002, when he was appointed sheriff by then-governor Scott McCallum. These leaves were extended annually through March 25^th 2006. It is unclear if Clarke failed to extend his leave when it expired this year, or if the record has not been updated. It appears that officers who take leave to hold elected office have the right to return.

The 1983 case was not the first demerit on Clarke’s “Milwaukee Police Department – Information Record” (Form P-M5).

On December 11^th, 1980, Clarke was suspended without pay for five days under Order No. 8121, Charge No. 2419, when he was alleged to have failed to obey a lawful order emanating from a superior officer and “idling or loafing while on duty.”

Clarke didn’t loaf once those charges were announced, but appealed them before a grievance arbitrator, and was found not guilty of idling or loafing, but guilty of failing to obey the lawful order of his superior officer. He received a disciplinary warning, but got his 5 days of service and pay restored.

CLARKE’S WEAPONS ARREST

Clarke, who was married on March 28^th 1979 and divorced in May, 1980, did receive two meritorious mentions during his career, one for a rape investigation on July 10^th 1981, and another for a case involving a stolen car in 1990. (By contrast, Vince Bobot, Clarke’s opponent in the sheriff’s race, has a score of meritorious mentions on his account.)

Clarke has been criticized for his cavalier attitude toward weaponry, and milwaukeeworld will here add a third instance to the two already publicly known.

Clarke was famously photographed wearing his gun into the jail when he was escorting a fugitive into the slammer during one of his frequent publicity stunts, and this year Clarke wore his piece while bartending at an event for the Hispanic Chamber of Commerce.

On October 21, 1975, the Milwaukee Police Department arrested David Alexander Clarke, Jr., D.O.B. August 21^st 1956, on one count of “Reckless Use Weapon 941.20” Back then, to be charged with a reckless use of a weapon, one actually had to have pointed the weapon at another individual, which seems to heighten the severity of the allegations.

Clarke was ultimately not prosecuted, and this remains his only arrest on criminal charges, according to the Department of Justice Crime Information Bureau (C.I.B.) records, which you should be able to access by entering Result Number1893861801218663 here. However, the C.I.B. cautions that “This response may not show all arrests for this individual however all information provided to the state repository is included in this response.”

--Michael Horne

What’s your take? Write horne@milwaukeeworld.com