Ann Arbor Assistant City Attorney Bob West has provided much-needed backup
When police officers arrive on a scene, they “own” that scene. Anything good or bad that happens from that point is the responsibility of the responding officers. Officers don't have the luxury to just walk away from a problem. They must deal with it, no matter what the problem or potential consequences.
Police work is a sometimes complicated endeavor. The decision an officer makes in 1/8th of a second to shoot/don't shoot may literally be argued for years by teams of scholars with law degrees. The lawyers will argue what the officer should have done if that officer was a robot and not a human vulnerable to errors in perception and judgment.
There are times when an officer is faced with only bad options to decide between. I was faced with such a dilemma once. Whichever decision I made, I knew I could be sued.Â
Faced with such circumstances, an officer must ask: Is my decision legal? Is it morally and ethically sound? Does my decision take care of the immediate problem and keep citizens safe? The first question is usually the most difficult because laws are dynamic, and courts frequently change laws in subtle ways and without much fanfare or advertisement. Â
No matter how careful officers are, they'll encounter no win situations during the normal course of their duties. They will encounter the belligerent, who will look for any excuse to make a complaint or sue the officer and department. Additionally, each officer is forced to make thousands of decisions that may have far-reaching implications. Officers are human beings, and invariably mistakes may occur. In times like these, officers must depend on the support of the city attorney’s office.
Bob West
In my case, I was provided very capable legal back-up in the form of Ann Arbor Assistant City Attorney (ACA) Bob West. ACA West did a great job on my case, which went to the Michigan State Court of Appeals. The courts affirmed my actions were necessary and proper.
I thanked my lucky stars that I was backed by the city and a very capable assistant city attorney. Many officers faced with lawsuits have shared my opinion of West’s outstanding work.
West handles the majority of all of the “police misconduct” suits, along with 2,000 to 3,000 district court cases a year. The district court cases can be anything from parking or traffic tickets to code violations (those are violations of city ordinances like noisy parties, disorderly conduct, fighting, etc).Â
West is a quiet, steady, personable presence. He isn't the type who fills a room when he enters it, but he is competent and confident. He is a good friend of the Ann Arbor Police Department, and his work is greatly appreciated.Â
His work defending officers from frivolous lawsuits has saved the city millions of dollars and the officers countless nights of lost sleep. Â
From a police officer’s perspective, it is much easier doing your job knowing an attorney like West will be there to defend you, should you either make a mistake or meet the wrong person while doing your job. Â
Several months ago, a very private man named Bob West had a lapse of judgment and made a mistake that thrust him into the public’s eye because of his profession. Had he been a dentist, accountant or salesman, no one would have known, and it wouldn’t have been a media event. Unfortunately, West’s profession - just like a police officer’s - is held to a higher standard. Â
So West must pay for his actions in court just like any citizen. However, unlike other citizens, he has also been punished by his employer and embarrassed in the media. Mr. West has paid dearly for his mistake. Â
It is time to move on and let this dedicated public servant get back work. Bob West is a good man and the city has benefitted from his fine work.Â
The officers patrolling the streets depend on West for legal back-up when they need it most from the silk-suited, tassel-loaferred, briefcase-toting wolves that prowl court houses. Hang in there Bob, and fight the good fight.
Lock it up, don’t leave it unattended, be aware and watch out for your neighbors.
Rich Kinsey is a retired Ann Arbor police detective sergeant who now blogs about crime and safety for AnnArbor.com.
Comments
Lokalisierung
Fri, Jan 22, 2010 : 2:32 p.m.
West made a mistake and tried to get let off the hook just liek anyone else. Big deal, Drunk Driving...let's move on.
racerx
Fri, Jan 22, 2010 : 1:37 a.m.
So then why were a couple of A2 Police officers fired for their, let me see, how did you put it, "...lapse of judgment..." when they drove drunk and was caught?
Bpf
Thu, Jan 21, 2010 : 4:50 p.m.
This article does both of these men a disservice.
Ricebrnr
Thu, Jan 21, 2010 : 2:45 p.m.
@Wolverine3660, I neither give up or rely on the police to protect me, nor do I dislike them. In fact I very much respect them for doing a very difficult job that I myself have no interest in. That being said, why does this have to be a Mr. West/Mr. Kinsey hater issue? What I've read from other commentors have less to do with either individual themselves and more to do with hypocrisy and overstepping of authority. That the majority of people frown on either and want to hold those responsible to account does not mean that they are haters of these particular 2 people.
Charley Sullivan
Thu, Jan 21, 2010 : 1:18 p.m.
For public figures, and Mr. West is a public figure, the right to privacy and the right to hypocrisy don't co-exist. So, if he had been cited for not mowing his lawn, who cares? But when the guy who prosecutes drunk driving cases is himself arrested for drunk driving, and then seemingly attempts to use his position to pressure a police officer for clemency, the hypocrisy is amazing, and is notable, and should be punishable, no matter how good he may be at the rest of his job.
Wolverine3660
Thu, Jan 21, 2010 : 11:27 a.m.
Like I said in an earlier comment- the West haters and Kinsey-haters are out here in force.
nehpets
Thu, Jan 21, 2010 : 10:23 a.m.
"Police work is a sometimes complicated endeavor." The problem Mr. Kinsey's argument is that it can be made about practically any profession. Teachers also are in the business of providing far-reaching impact based on small decisions. Business executives constantly face choices that directly affect their employees. In fact, practically all but the most menial jobs in the Ann Arbor economy require as much decision making and personal interaction as being a police officer. Now, you could certainly say that teachers and business execs don't ever have to make the choice about whether to shoot someone. But I've also yet to meet an Ann Arbor officer who's drawn and fired his weapon in the line of duty. Let's face it -- Ann Arbor's violent crime in 2010 is not exactly comparable 1950's Chicago or LA. But even if that were the case, does that justify Mr. West's actions? What makes me uncomfortable about this article is that though he never states it, Mr. Kinsey seems to be implying that police officers and officials shouldn't necessarily be held to the same standards they enforce. Would Mr. Kinsey advocate on behalf of, say, a highly accomplished scientist at U-M? Or an outgoing and highly recognized high school teacher at AAPS? So why should an accomplished city attorney be treated any differently? (As a sidenote, go back to the AA News' profile of Bob West circa January 2008 and see if you think he'd decline to prosecute any of the above.) "[Laws] are dynamic, and courts frequently change laws in subtle ways and without much fanfare or advertisement." Yeah, I can see how that must be frustrating. Probably about as frustrating as (was covered in this column recently) the citizens who've been taught they can turn "right on red" and suddenly find that law and situation subject to the interpretation of the officer who's pulled them over.
michaywe
Thu, Jan 21, 2010 : 10:21 a.m.
I thought the sentence fit the crime and was happy to hear he didn't lose his job.
Bpf
Thu, Jan 21, 2010 : 8:53 a.m.
I'm a little offended by the former officer's column in support of Mr. West. I've known too many people that have LOST their jobs for the same offense as Mr. West, but the good constable or Mr. West never wrote an article defending them for their "mistake". Maybe that's because they've never helped Mr. Kinsey or West. This article, at best, perpetuates the image of cronyism that makes the general public skeptical of law enforcement. This article will not help either man's cause. Finally, I always educate my clients on the difference between a mistake and a decision. Mr. West did not accidentally end up behind the wheel of his truck after drinking a six-pack. He mad a decision to do that. I recommend that he tell the judge that at sentencing. Signed- a silk-suited, tassel-loaferred, briefcase-toting wolves that prowl court houses "well at least until Mr. Kinsey needs one, unless he has someone sweep it under the rug.) Shame in both of these men.
xmo
Thu, Jan 21, 2010 : 8:51 a.m.
Drunk driving is not a private matter anymore! Anyone who works for a larger company will have to notify his boss of a DUI. Especially, if you have to drive for your work. So,Mr. West is a great lawyer and a citizen who made a mistake. End of story.
a2phiggy
Thu, Jan 21, 2010 : 8:50 a.m.
Antikvetch has it exactly right. DUI? Strike one. Your unethical, immoral behavior post-arrest captured on video? You're out.
Craig Lounsbury
Thu, Jan 21, 2010 : 8:45 a.m.
"However, unlike other citizens, he has also been punished by his employer and embarrassed in the media." The notion that "other citizens" are not punished by their employers for their illegal activities is simply untrue Mr. Kinsey. "Other citizens" are often "embarrassed in the media" as well.
Mark
Thu, Jan 21, 2010 : 8:43 a.m.
Rich, thanks for the article supporting Bob West. All good points.
Cash
Thu, Jan 21, 2010 : 8:14 a.m.
I wonder if this article would have been written if by pure fate someone had been walking across the intersection, been hit and killed by Mr West. People tend to take a different attitude when fate jumps in and a death occurs. The only difference between a DUI and vehicular homicide is fate....was anyone in the path of the vehicle driven by the drunk driver? And Mr West should thank fate that he got a pass. Not everyone does.
antikvetch
Thu, Jan 21, 2010 : 7:59 a.m.
Mr. West's supporters seem incapable of comprehending that his situation involves two incidents. The first, drunk driving, should not be a firing offense. The second, attempting to evade the enforcement of the law, should be for a man in his position.
Wolverine3660
Thu, Jan 21, 2010 : 7:25 a.m.
Well, Mr West made a mistake, and is facing the consequences. However, I am sure the comments on this thread will be filled with comments critical of both Mr West and Rich. We live, unfortunately, in a town filled with people who love hating law enforcement. Until, of course they need a cop to come and save their lives.
doa1977
Thu, Jan 21, 2010 : 7:15 a.m.
Well Rich..I have heard the same about Mr West,Though I have had the pleasure? of going in front of Mr. West in a legal sense.I agree with you if he were a "normal" citizen,He would have not been thrusted into the public eye..We as human beings make mistakes,in his case and many we all should be thankful no loss of life and no harm to anyone..I'm sure he as many have or will learn a valuable lesson from this.