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Posted on Tue, Apr 5, 2011 : 5:57 a.m.

Crash involving off-duty Washtenaw County sheriff's detective prompts internal investigation

By Lee Higgins

The above video was taken by the patrol car video camera of Deputy Bob Sumner.

A Washtenaw County sheriff’s detective appears to have violated department policy when he did not notify a supervisor shortly after he crashed an unmarked sheriff's vehicle while off duty in December in Dexter Township, newly released records show.

The deputy who investigated the accident, Bob Sumner, drove the detective, John Scafasci, home after Scafasci promised to tell his supervisor about the accident when he got there, according to records obtained by AnnArbor.com under the Freedom of Information Act.

Sheriff's department spokesman Derrick Jackson said it's routine for the department to investigate accidents in its jurisdiction involving department vehicles. However, he said department policy requires that a deputy notify a supervisor within a reasonable amount of time after being involved in an accident. In addition, policy requires that the supervisor respond to the scene, Jackson said.

An internal investigation into the Dec. 10 crash is under way, Jackson said. He said he could not discuss specifics.

AnnArbor.com filed the FOIA request on Jan. 4 seeking numerous records on the incident, but the video from Sumner's patrol car was not released until recently because the county needed extra time to edit it.

The crash

According to a report on the crash completed by Sumner, Scafasci was traveling south on Dexter Townhall Road in a 2006 Ford Explorer at 3:56 a.m. while it was snowing, windy and the road was icy. Scafasci was driving in a sharp curve, the report says, when he lost control of the Explorer near Colby Road because of slick conditions. It went off the right side of the road, hit a guardrail, slid down a steep embankment and overturned. The vehicle came to rest on four wheels. It had a cracked windshield and at least one of its airbags deployed, records show.

Scafasci was wearing a seat belt and was not injured. Another driver called 911, audio recordings show, and Sumner pulled up in his patrol car and investigated. The county-owned vehicle was towed and repairs were estimated at $13,000, but were expected to be covered by insurance, records show.

While Scafasci was sitting in the back of Sumner's patrol car minutes after Sumner arrived, Sumner asked him what happened, the video shows.

Scafasci said, "I'm not gonna blame you, but I saw your light and it blinded ... you had your spotlight while you were driving and it blinded me and I hit my brake and I hit the rail. Obviously, the roads are icy."

The next day, Scafasci emailed a "Vehicle Damage Report" to county attorneys with a statement, saying he was traveling an estimated 30 to 35 miles per hour in the 55 mile per hour zone on the unlit two lane road. He was traveling south, when he "passed a county sheriff" prior to entering a curve, the statement says. He looked in his rearview mirror, entered the curve, the statement says, touched the brakes and slid into a guardrail and down into a ditch.

The accident report completed by Sumner does not mention Scafasci passing a vehicle or being distracted prior to the accident. Jackson said he could not discuss specifics of the accident while the internal investigation is pending.

Records show Sumner dropped Scafasci off at home roughly 90 minutes after the crash occurred. Scafasci can be heard on the video telling Sumner he would text his supervisor, Det. Sgt. Pat Bell, as soon as he got home to tell him about the accident. It's unclear when Bell was ultimately notified. The video shows Sumner was the only deputy to respond to the scene of the crash.

Policies at other police departments

The Washtenaw County Sheriff's Office is not the only police agency in the area to investigate its own accidents.

Michigan State Police troopers typically investigate accidents involving agency vehicles, said Lt. Wynonia Sturdivant, commander of the state police's Ypsilanti post. Under state police policy, a trooper involved in an accident must contact a supervisor as soon as possible, Sturdivant said.

"A supervisor shall go out to any crash involving a patrol car," she said.

Ann Arbor police only investigate minor collisions involving department vehicles, but ask other police agencies to investigate serious accidents, police spokeswoman Lt. Renee Bush said. Like state police policy, an Ann Arbor police officer must contact a supervisor as soon as possible after being involved in an accident and the supervisor must go to the scene, Bush said.

Ann Arbor police ask other agencies to investigate serious accidents to avoid the appearance of any conflict of interest, Bush said.

“You want to be transparent,” she said. “You want a fair and objective report of what happened.”

Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.

Comments

michelle

Sat, Apr 30, 2011 : 1:20 p.m.

To Maggie6658 you say this detective is a good guy? what makes you the judge? Watch and listen to the video it's quite apparent what is going on here!! Some people are saying this isn't news worthy but it is!! In the end it's called Karma and those who think they are above the law will be found out eventually.

jgd82

Wed, Apr 6, 2011 : 8:38 p.m.

I'm certain the "by-stander" that either witnessed the accident, or was shortly there afterwards, could shed A LOT of light as to what actually occurred that morning. Too bad the Deputy sent him along without getting any information from him.

actionjackson

Wed, Apr 6, 2011 : 1:31 p.m.

One of the first questions asked is "where are you coming from" followed by "have you consumed any alcoholic beverages before driving" Must have been edited. As many have mentioned I really appreciate the job that all of these men and women do to protect our lives and property. No one, no matter what the job is above the law and in this case it appears that in the least a ticket for not having control of your vehicle would have been issued to any other citizen.

deb

Wed, Apr 6, 2011 : 2:14 p.m.

or at least driving too fast for conditions

shirleyd1944

Wed, Apr 6, 2011 : 1:43 a.m.

After watching the video a few times, I think the detective sounded aweful! Perhaps, John Wayne sounded better after that much booze...by the way, where's the crash report? Can you post the crash report, or will that take another two months to fetch?

jcj

Wed, Apr 6, 2011 : 12:22 a.m.

As Jim Tressel can attest the cover up is often worse than whats been covered up. This would have been a non story if everything would have come out immediately!

huh7891

Tue, Apr 5, 2011 : 10:58 p.m.

I have to agree with CycleGirl, is this News worthy ? As usual the typical cast frothing at the mouth to break a story about a police office screwing up.... Give it a rest please.

deewee

Tue, Apr 5, 2011 : 10:07 p.m.

He's a good guy, for one and even the best drivers out there can crash in that type of weather. How can anyone edit the weather?Until there is no more killings in Washtenaw County, he'll never be off duty!!! I hope everything works out ok for him because we need him to be out here protecting our families and catching these people who are out there killing our loves ones.

deb

Wed, Apr 6, 2011 : 2:14 p.m.

yes because of the gigantic murder rate in washtenaw county. Especially in the area around where he crashed.

freedomofspeech

Tue, Apr 5, 2011 : 9:50 p.m.

maybe avoiding some tests......ususally after an accident at work you have to go get.....guess

Ron Granger

Tue, Apr 5, 2011 : 8:36 p.m.

Anyone who has spent any time around the courts knows how often we hear claims that police have exceptional driving ability due to their training. And so... In the case of a single car accident like this, that often cited "fact" should not be forgotten. As an experienced high performance driving instructor who has worked with law enforcement, I can tell you that many of those claims of above average police driving are greatly exaggerated.

Only in Ann Arbor

Tue, Apr 5, 2011 : 7:55 p.m.

@Cash, The only thing I really see and hear in the video is a WCSD embarrased that he had an accident. Now, for not following policy, that is up to investigation by WCSD and any punishment is deteminded by WCSD policy and CBA . Asking if the radio is on, sometimes equipment like video and audio does not work. As someone who uses that type of equipment, it is not unusal for the equipment to stop working. Welcome to Ann Arbor, where reality and common sense are not welcomed!!

Cash

Wed, Apr 6, 2011 : 10:56 a.m.

Matt, I disagree. This is a cover up from changing the report to a shortened video. So many questions, and no answers as of yet. I have hopes that Jerry Clayton will do lots of work on this one. We have to be able to trust law enforcement.

Matt Cooper

Wed, Apr 6, 2011 : 12:37 a.m.

I'm wondering what video you're watching cash. On the video posted here, at the 3:03 mark he asks if the radio is on and is informed that everything is on and working. Teh, at the 3:27 mark he explains his version of why he left the road way. Also, he's a cop, and he knows not to say anything that could be in any way incriminating. That is his right. To jump to the worst possible conclusion (that he's lying or overing something up)is out of line given that you/we have no evidence to back up such a claim.

Cash

Tue, Apr 5, 2011 : 10:51 p.m.

he began to explain what happened...saying "you know what the deal is....is your RADIO was on?" When the responding officer says "yeah, everything is on"... that's the end of the explanation of what happened.

Matt Cooper

Tue, Apr 5, 2011 : 8:41 p.m.

Not sure I follow you Cash. You said the tone changed after he knew the radio was on, but in reality there was extremely little conversation prior to that question. A few coughs and the deputy saying he would call a tow truck and asking if the Det. can hear him, followed by the Det. saying he couldn't. He then asks if the radio is on. So...are you intimating he was covering something up? If so, I disagree. He actually did more talking after he knew he was miked than he ever did before he knew.

Cash

Tue, Apr 5, 2011 : 8:04 p.m.

Only, Uh huh. The tone changed after the time he realized the radio was on The conversation then went to the "blizzard, snow storm etc"....no questions asked about the accident anymore. As for not following policy, this is exactly why we need an attentive media! Most of us here have asked for more questioning by reporters and we got it in this case. Welcome to Ann Arbor where we expect equal treatment to all and open and honest law enforcement. We ask questions and we demand answers. Voters need to hold our officials to a high standard and we will do so.

deb

Tue, Apr 5, 2011 : 6:37 p.m.

I am not sure what happened here. From my experience cops will not arrest other cops for driving drunk. I have a few friends who are officers who have been pulled over while intoxicated many times. They are usually sent, or followed, home. You have to love the blue code.

Cash

Tue, Apr 5, 2011 : 5:59 p.m.

Bunny A, "Naturally Cop haters assume there is a cover up and that all cops are guilty of misconduct and lawbreaking." Talk about assuming! My neighbor is a WCSD officer and a great guy. I respect him. If you want respect you do things the right way.....regardless. But no public employee is mistake proof. For you to paint posters as "cop haters" is ridiculous. Fed Up, I am a believer in equal justice under the law for all. There are holes in this case and most here can see them. 1. tape edit without oversight - dept investigating itself. 2. questioning radio on? 3. driver with slurred speech (in some opinions here, including mine) 4. No supervising officer called to the scene per protocol? 5. No questions as to if the driver was on duty? 6. No question where the driver had been? 7. Change in tone after discovering the radio is on including odd conversation about the weather. My opinion and some other posters opinion as well. That's what is wrong. Police officers DO have accidents, you know. It happens. It's not the end of the world. If everything was above board, why not call the commander out, per protocol? But a cover up of any sort creates an atmosphere of distrust in the community and that is the "kiss of death" for a police department, which affects EVERY police officer in EVERY department. Jerry Clayton, I voted for you. What's up?

HADES

Tue, Apr 5, 2011 : 6:30 p.m.

Cash, I agree with you. That the driver said, "dude you know what the deal is so, hey do you have your radio on?" And once the officer said, "yes everything is on and working" the driver got quiet. That's a RED flag to me!

HADES

Tue, Apr 5, 2011 : 6:15 p.m.

Cash, I agree with you. I personally know a few cops and they are good people so I'm not hating on cops in general. But when the guy says, "dude you know what the deal is so, hey is your radio on?" That's a RED flag to me and if you notice after the cop said, "yes everything is on and working" the guy got quiet. I'm not saying the driver was drunk because I don't if he was or not but he did sound like he was slurring his words.

Life in Ypsi

Tue, Apr 5, 2011 : 5:26 p.m.

What a waste of time and money. Leave the guy alone.

bunnyabbot

Tue, Apr 5, 2011 : 5:08 p.m.

I assume the reason why they needed to edit the video is that pretty much all patrol cars now have entire road shifts recorded. There was probably a whole bunch on the disk not pertaining to the event in question, probably other cases where the recorded events needed to be cataloged and attached to other cases as evidence. I imagine there is a backlog of content waiting to be inventoried. Naturally Cop haters assume there is a cover up and that all cops are guilty of misconduct and lawbreaking. Not saying there is or isn't in this case. Regarding whether or not an accident could have just happened due to road conditions though it totally could have.

Jen Eyer

Tue, Apr 5, 2011 : 5:06 p.m.

A reminder that we do not allow speculation on the cause of the crash.

deb

Tue, Apr 5, 2011 : 6:39 p.m.

You have many comments that speculate on the cause of the accident. WHy not just say you cannot speculate the officer was intoxicated?

deb

Tue, Apr 5, 2011 : 6:38 p.m.

how did any comment violate? I asked a question

maggie6658

Tue, Apr 5, 2011 : 4:49 p.m.

The guy was in an accident, the roads were bad, why are all of you so quick to judge? I don't really feel this is any of our business. This particular detective is a good person and doesn't deserve to be ridiculed.

xmo

Tue, Apr 5, 2011 : 4:34 p.m.

This FOIA sounds like it is providing too much information! I thought that this law was passed to catch Conservatives not everybody doing something wrong.

Tom Joad

Tue, Apr 5, 2011 : 4:33 p.m.

Figures he was driving a Ford Explorer. Even cops think they're invincible behind the wheel of the BIG SUV.

nowayjose

Tue, Apr 5, 2011 : 7:41 p.m.

What does that mean? Seems your drawing a big conclusion on that. One officer gets into a wreck and now cops think they're invincible in big suv's. just sounds way over reaching, but Im sure that's not how you see it.

Mick52

Tue, Apr 5, 2011 : 4:31 p.m.

I know that area. Big curve there. Many deputies have told me that is a common accident area because most take the curve too fast. Mr. Higgins, where do you get 55 MPH for a speed limit there? I thing there are caution signs posted for the speed at that curve and I do not believe it is anywhere near 55. I do not think any portion of Dexter Town Hall Rd is 55. The speed limits in the area are too high. N Territorial and Island Lake which flank this section of DTH Rd are 50 with large trees and bushes near the road and lots of deer. By "edit" the WCSD may meant they took this portion of the tape from the entire tape, i.e., edited this portion from the entire tape. Watching and listening, I see nothing that appears to be a gap, other than it ends before the Detective leaves the car, which might be too long maybe? The video ends as the deputy is calling in something and we don't know what that was. Cover up? I see one deputy who maybe violated policy, by not reporting the accident, maybe both, but what is being covered up?

Basic Bob

Tue, Apr 5, 2011 : 3:42 p.m.

People have accidents all the time, especially during inclement weather on rural roads. It should be no big deal to call the supervisor to the scene per department policy. Of course if you have violated the law by driving under the influence, the experienced detective might get some courtesy from a patrol officer. The supervisor might ask you to take a blood alcohol test. That would be bad if you are drunk.

SMAIVE

Tue, Apr 5, 2011 : 3:41 p.m.

It's clear protocal was not a priority in this situation. The conversation about the snow and conditions was hilarious. I recall a blizzard scene from "Day After Tomorrow"...

Cash

Tue, Apr 5, 2011 : 3:39 p.m.

It should be easy to check what shift he worked that day. Was that FOIA' d?

Cash

Tue, Apr 5, 2011 : 3:35 p.m.

Well, Why did the man who wrecked, as he began to explain what happened...say "you know what the deal is....is your RADIO was on?" When the responding officer says "yeah, everything is on"... the guy stops talking. Really. Nuff said.

grye

Tue, Apr 5, 2011 : 3:30 p.m.

4am, has trouble speaking, no mention he is on duty. Too much bad information. This should have been investigated by the department immediately.

Magoo

Tue, Apr 5, 2011 : 3:14 p.m.

Let's just assume for a minute that he's a good dude that slipped on the ice after a patrol vehicle had just passed. The deputy on duty knew the road conditions were bad as he had just driven this stretch of road. The video editing could have been personal information such as the off duty detective's address. But that wouldn't make for a sensationalized story so it wouldn't have even made the news. I'm sure he was a bit embarrassed having run his vehicle off the road and didn't want to back himself into any more corners than he was already going to be in for crashing a work vehicle. Thanks for the good work Deputy Sumner and Detective Scafasci do for our community! Without them there wouldn't be entertaining news to read and interpret. There also wouldn't be dedicated law enforcement to do the life altering work they stick their necks out there to do every day. You are appreciated by my family!

trespass

Tue, Apr 5, 2011 : 3:01 p.m.

Where were the questions like, where were you coming from (e.g. a bar or a party) and were there any witnesses as to whether or not you were drinking? I think the deputy did not want to ask those questions for fear of the answers.

Matt Cooper

Tue, Apr 5, 2011 : 8:31 p.m.

Or maybe...just maybe, the deputy didn't ask those questions because he didn't smell alcohol, nor did he see the Detective walking, talking, smelling or behaving as if he had been drinking? Just a thought.

Ron Granger

Tue, Apr 5, 2011 : 2:04 p.m.

Most of us little people would get a ticket. You know, too fast for conditions, etc. That would be on top of our car damage, deductible expense, and increased insurance rates. And we would not be driven home by an on-duty deputy in a county vehicle. So why no ticket? Why the special treatment? He was involved in an accident while driving an unmarked police vehicle and he failed to report it to his supervisor. He is a detective. He is an officer of the court. He is suppused to be experienced. This raises questions about his judgement in other situations. It makes me ask, what else has he covered up? It'd be great if AnnArbor.com could prowl a little more deeply into county vehicle accident reports. And dare anyone question the U of M? It is good to hear the AAPD does investigate their own crashes.

walker101

Tue, Apr 5, 2011 : 1:58 p.m.

What really happened was, the off duty officer was driving too fast and he used the excuse that fellow officers spot light blinded him? Looking at the video it showed the vehicle down the embankment and off duty officer walking on the street when the other officer pulled up? Unless was officer Sumer was driving directly behind him with a spot light on (highly unlikely) it was a poor excuse. Officer Scafasci was already on the road walking towards the patrol car when officer Sumer pulled up? I'd like to see anyone jump out of car within 2 seconds after a rollover climb an embankment and be about 30-50 yards from his vehicle? I investigated hundreds of accidents over 30+ years this is an easy one.

Matt Cooper

Tue, Apr 5, 2011 : 8:29 p.m.

And of course you just have loads of proof to back up your allegations...right?

Cash

Tue, Apr 5, 2011 : 1:49 p.m.

Foolery, Really my issue isn't about the character of the man involved. The bigger issue is the edited tape. Suppose that the officer in question was disliked by the command officers. Could they edit a tape to make an officer look guilty?

Matt Cooper

Tue, Apr 5, 2011 : 8:28 p.m.

As I'm sure you know, cash, FOIA's don't mean you get whatever info. you want, and however you want it. They have a right (nay, a duty?) to edit out information related to non-involved people. And while I think 4 months might be a bit long, I also understand that they have many more pressing needs to address than to make editing a tape pursuant to a FOIA request a top priority.

Foolery

Tue, Apr 5, 2011 : 1:22 p.m.

I agree with the call for transparency and accountability. However, don't forget compassion. You are writing about a respected veteran detective. A man who has invested his life's work into keeping the most violent and repulsive felons off of the streets of Washtenaw County. 10.21.2002 Ann Arbor, MI --- The Washtenaw 100 Club is proud to announce it is honoring Ypsilanti Fire Marshall Jon Ichesco as Firefighter of the Year and Washtenaw County Sheriff's Detective John Scafasci as Police Officer of the Year.

DBH

Tue, Apr 5, 2011 : 8:26 p.m.

Revered? If you're talking about Elena Ford, I don't think so. Maybe revered by her kids (although, maybe not after her arrest). And, apparently, by you.

Matt Cooper

Tue, Apr 5, 2011 : 8:26 p.m.

Huron: One of the axioms in the field of psychology is "The best predictor of future behavior is past behavior". Secondly, to accuse, without evidence or direct firsthand knowledge, a decorated officer of lying on official, legal documentation goes beyond the pale. Le't slet the investigatory process play out before passing judgement. If you have ever dirven that part of that roadway, you'd know how bad it can get in winter time. A great many cars go off the road at that very spot. Let's not hang him because he happens to be a cop.

deb

Tue, Apr 5, 2011 : 2:23 p.m.

I guess we should just let everyone go involved in a single car accident at 4 am if they have ever gotten a reward

Cash

Tue, Apr 5, 2011 : 2:09 p.m.

Every one of us make mistakes. In Wayne County this week a revered Ford Family member was arrested for drunk driving, possibly endangering a child. The Police Commissioner of Detroit was arrested for drunk driving. None of us are above the law.

Huron74

Tue, Apr 5, 2011 : 1:51 p.m.

Nice try foolery. But as it says on every investment product I've ever seen (and for good reason): "Past performance does not guarantee future results." That some group I've never heard of made Dep. Scafasci it's POTY in '02 doesn't and shouldn't excuse lying on an official report in 2011.

RuralMom

Tue, Apr 5, 2011 : 12:38 p.m.

Just have to say, that portion of the road is dangerous! Not the first accident there either. In slick conditions anything could happen.

zip the cat

Tue, Apr 5, 2011 : 12:26 p.m.

The accident should have been investageted by another agency,like the state police as they usually do when a police dept has a wreck involving one of there own. This is nothing more than a full blown COVERUP. Edit the tape? For what,too block out all the incriminating evidence.

trespass

Tue, Apr 5, 2011 : 12:14 p.m.

"Is your radio on?" Why does he need to know that? Does his story change based on whether or not he is being recorded? It looks like there was a lot of "professional courtesy" given to this officer. This is exactly the kind of case that Sheriff Jerry Clayton promised would be handled with transparency. Why are they hiding the internal report?

Awakened

Tue, Apr 5, 2011 : 1:51 p.m.

Yes. Suspicious to say the least.

genericreg

Tue, Apr 5, 2011 : 11:41 a.m.

"AnnArbor.com filed the FOIA request on Jan. 4 seeking numerous records on the incident, " should "staff lay off by AnnArbor.com filed the FOIA request"

Greggy_D

Tue, Apr 5, 2011 : 11:29 a.m.

This happened almost 4 months ago. It takes 4 months to "investigate" a single vehicle crash?

trespass

Tue, Apr 5, 2011 : 12:04 p.m.

The internal investigation is still going on!

Cash

Tue, Apr 5, 2011 : 11:27 a.m.

This video appears after 3 months....edited. edit = to prepare (motion-picture film, video or magnetic tape) by deleting, arranging, and splicing, by synchronizing the sound record with the film, etc. to prepare (a film, tape, etc) by rearrangement, selection, or rejection of previously filmed or taped material Isn't this tampering with evidence?

Rod Johnson

Tue, Apr 5, 2011 : 11:15 p.m.

I don't disagree that the editing is fishy, but no, this is not tampering with evidence. Video released to a news organization isn't evidence; if this was done to a video before it was produced in court would be tampering with evidence, but that's not what happened here. If Ed was still here, he'd tell you that some amount of redaction isn't that unusual with FOIA requests.

Awakened

Tue, Apr 5, 2011 : 1:50 p.m.

Cutting to the incident and making sure that the names of uninvolved parties were not disclosed is fine. But that should take, um, 20 minutes?

Cash

Tue, Apr 5, 2011 : 11:14 a.m.

"the video from Sumner's patrol car was not released until recently because the county needed extra time to edit it." What?? This what happens to the police videos before they are released? They are edited? As I have said in previous "missing or delayed" police video stories....if the video in question isn't secured immediately, it is useless. This should be done at any time that an internal issue is in question. We saw a video from another department a week or so ago that certainly seemed to be edited. Now they actually admitted they edited this video before they released it? Unbelievable.

CycleGirl

Tue, Apr 5, 2011 : 11:02 a.m.

R E A L L Y! Is this news worthy?

actionjackson

Wed, Apr 6, 2011 : 1:35 p.m.

Yes.

Craig Lounsbury

Tue, Apr 5, 2011 : 1:13 p.m.

I agree Cash, that alone makes it news worthy.

Cash

Tue, Apr 5, 2011 : 11:15 a.m.

Well the editing of a police video before releasing it to the public sure is!