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Struthers police captains file grievances to contest suspensions
By Sarah Lehr
STRUTHERS
Struthers Police Victim/Witness Statement
Document
The Victim/Witness Satement report from Josiah L. Smith regarding the death of Peter Bugno.
Two Struthers police captains have filed grievances to contest disciplinary action handed down by the city in connection with the Sept. 10 hanging death of inmate Peter Bugno, 43.
The grievances, dated Tuesday, seek full reinstatement for each officer with back pay reimbursed. The grievances contend the suspensions outweigh the charges and that the punishment did not follow a union-contract policy of progressive discipline.
Notices sent to Capts. Michael Leonard and Patrick Bundy inform them they each have received 17-day unpaid suspensions for neglect of duty. The suspension notices are dated Feb. 19 and signed by Mayor Terry Stocker and Safety/Service Director Ed Wildes.
The city announced an internal investigation into police conduct before Bugno’s death in a Jan. 22 news release.
On Feb. 3, city officials charged Leonard with three counts of neglect of duty and Bundy with one count of neglect of duty.
The city sustained the single count against Bundy and two of the three counts against Leonard.
A report prepared by Robin Bell, a manager with the human-resources agency Clemans Nelson & Associates, states there is merit to one count of neglect of duty against Bundy for his failure to complete required checks of inmates at least once every hour.
The report found merit to two neglect-of-duty counts against Leonard, which both pertain to him inaccurately filling out an inmate-screening form.
One count involves Leonard improperly checking “n” [no] in response to the question “Does the inmate appear to be under the influence of alcohol and/or drugs?”
As Bell’s report notes, Bugno was charged with disorderly conduct while intoxicated. Furthermore, a written statement prepared by Leonard the day of the death includes multiple references to Bugno’s drunkenness.
Additionally, Bell’s report determined Leonard inaccurately filled out the form at another point because he checked “y” [yes] in response to the question: “Do you have any intention of harming yourself or committing suicide?”
The report cleared Leonard of the third count. That count purported he violated jail policy because he had “a reasonable belief that Mr. Bugno was a potential suicide risk,” but did not take steps to refer Bugno to a mental-health professional or to place him under suicide watch.
“I find that there is insufficient evidence to conclude that Captain Leonard had a reasonable belief that Mr. Bugno would harm himself or was suicidal,” Bell’s report concludes.
The report cites Leonard’s written statement that says Bugno answered the question, “Do you have any intention of harming yourself or committing suicide?” by saying, “No, not today.”
Bugno made jokes while in custody and answered questions in a flippant manner, according to Leonard’s statement.
Bell’s report also references a Sept. 10 written statement and video interview from Josiah Smith. Smith, who was booked on a failure to appear on a driving under suspension charge, was the only other inmate in the jail at the time of Bugno’s death.
In his signed statement, Smith responded to the question, “Did Captain Leonard ask the inmate Peter Bugno if he was suicidal or had any intention of harming himself?” Smith’s answer was, “Yes, and he [Bugno] states that today he is not suicidal.”
In response to a question about whether it is standard procedure for an officer to administer the screening questions in front of another inmate, Stocker said he did not know and referred the question to Atty. John Travis. The city hired Travis in December through its insurance company.
Travis said he could not comment on whether it was consistent with best practices to administer the screening questions, including those about medical history, in front of another inmate.
“That’s the way it happened that night,” Travis said.
Atty. Dennis Haines represented Leonard and Bundy at their pre-disciplinary hearings. Calls to his office were not returned Thursday or Friday afternoon.
Officer Jason Murzda, the union representative for the captains, could not be reached for comment.
Stocker said he and Wildes agreed with Bell’s findings. The mayor said he, Wildes and Bell jointly made the decision to punish each captain with 17 days unpaid suspension.