Use of force policy of the Delaware County Sheriff's Department, Part I - apparently, it exists

Each time I would ask the Delaware County (NY), through FOIL requests, for their written policies, they would deny me the request claiming that there are "no records answering my request", or, in other words, there are no such written policies.

The reason for denial was because "policies" can be used against the County in civil rights litigation.

Well, Delaware County IS embroiled now in civil rights litigation because of its alleged "Deputy Sheriff" Derek Bowie whose only credential for employment in Delaware County Sheriff's Department were:

1. not his graduation from a police academy;
2. not passing the civil service test;
3. not being in the civil service registry; 
4. not having a deputy sheriff's certification from the Criminal Justice Division, and certainly
5. not being a resident of Delaware County (Derek Bowie was a resident of Broome County at the time of his employment as a Deputy Sheriff in Delaware County).

All FIVE requirements were foregone when Derek Bowie was hired, he did not even have to file an application for admission listing his credentials - he was simply INVITED to be employed as a Deputy Sheriff's in Delaware County, no credentials needed.

Derek Bowie's only "credential" that got him hired - illegally - as Delaware County Deputy Sheriff - was that Derek Bowie had blood ties to people who already work in Delaware County local government, such as Jeff Bowie, investigator for the Delaware County District Attorney, who similarly had no credentials and was hired outside of civil service registry, without passing a civil service test and continued to be employed with an expired deputy sheriff certification.

Well, the Delaware County can always claim, of course, that it had a right to hire dumb brutes as their Deputy Sheriff to prevent "turnover" - the U.S. Court of Appeals for the 2nd Circuit at least upheld the government's power to hire, specifically, dumb police officers and reject those who have IQ higher than the necessary low level to prevent that "turnover".

See that decision here.

The 2nd Circuit did not go as far as claiming that the government has a right to hire people who are not only dumb, but with a tendency to violence against women and animals.

Which Derek Bowie appears to be - based on this.

Here is the affidavit of one of Derek Bowie's alleged victims, his former girlfriend Kylie Smith who is suing him and Delaware County for hiring him and failure to supervise him despite his violent tendencies.

And here are portions from the affidavit:

Derek Bowie has a purple belt in karate - he testified about that at his deposition in this civil rights case.

He was much taller and heavier than Kylie Smith, also according to his own deposition.

According to Kylie Smith, Derek Bowie

(1) told her to leave - she started to, then
(2) asked her to stay and answer a question - she answered, then started to leave again,
(3) then stopped her from leaving,
(4) kneed her in the stomach - causing bruising,
(5) then grabbed her arms - causing bruising;
(6) slammed her body onto the hallway floor, causing her head to hit the stairs, causing bruising AND BONE FRACTURES confirmed by x-rays; then while Derek Bowie ALREADY BROKE Kylie Smith's ribs, he continued to SIT on those broken ribs - which could cause Kylie Smith's immediate DEATH if those ribs would pierce her lungs or her heart, not that Derek Bowie cared.  All he cared for is to sit on Kylie Smith, his former girlfriend, and to handcuff her with the help of his current girlfriend Jessica Valentino.

Delaware County submitted to the court a policy regarding use of force.

The policy was not followed - in either Kylie Smith case or Barbara O'Sullivan's case.

I will follow the policy step by step, what it required, and how it was not complied with, in further blogs.

In this blog I wanted to emphasize just what a dangerous game Delaware County is playing with YOUR money, dear taxpayers of Delaware County, by allowing non-credentialed dumb brutes like Derek Bowie to be on the loose.

Derek Bowie is gone from the Delaware County Sheriff's Department, but those who condoned and covered up his behavior are still there, as well as in the Delaware County DA's office.

They need to be ousted.

My next blog will be about confirmed perjury of Undersheriff Craig Dumond in Derek Bowie's case and why Craig Dumond is not prosecuted for perjury.