CITY OF WEIRTON 200 MUNICIPAL PLAZA WEIRTON. WEST VIRGINIA 26062 June 6, 2016 511811th Madpr. Patrolman warren wv 26062 RE: Conduct unbecoming an Of?cer Dear Patrolman Mader: This letter is to advise you of the disciplinary action to be taken by the Chief of Police as a result of your failure to meet probationary standards of a police officer. As you know, you are a probationary employee for the City of Weirton Police Department in which probationary period, as I understand, expires on July 24, 2016. Anytime a law enforcement of?cer has apparent di?iculties in critical incident reasoning, which renders him/her ineffective, is detrimental to the public con?dence in their law enforcement agency. Therefore, due to your failure to meet probationary standards of an of?cer, which a full v.mpym'ceattached to this document, the following disciplinary and punitive action will be: As?of Tuesday June 7, 2016 at 5:00 pm. your employment with the City of Weirton Police Department is terminated. i must also advise you that you may contest this disciplinary action by the Chief of Police by giving written notite within ten (10] days requesting a hearing before a Hearing Board or the Police Civil Service Commission in compliance with WV Statue ?8~14-20. Mex? 3 ravis L. Biosser Chief A. R. Alexander ill City Manager Police Chief Enclosure: Probationary Standards of an Of?cer Cc: Mayor . City Attorney! Bene?ts Administrator Weirton Police Department Chief of Police 200 Municipal Plaza Weirton, West Virginia 26062 Phone (304) 79 7-85 77 ax (304) 79 7-5 709 06/01/2016 To: Travis Blosser, City Manager From: Rob Alexander, Police Chief Reference: Stephen Moder, Probationary Patrolman Dear City Manager, This letter is a recommendation letter for disciplinary action against one (1) o?icer under my comm and, Probationary Patrolman Stephen Mader. Attached you will see a letter from explaining his ?ndings and recommendations after conducting an investigation surrounding Prob. Ptlm. Mader?s actions or lack of actions during an early moining shooting on 05/06/2016. I concur with the Captains ?ndings and recommendations of this particular incident, and as well for several other conduct unbecoming o?enses that are in the 201 personnel ?le of Prob. Ptlm. Moder. These consist of; but are not limited to, the 03/07/2016 incident on Orchard St involving the arrest of Mr the 04/12/2016 incident involving the suspicious death of Mrs, A and now the actions surrounding the early morning o?icer involved shooting. Prob. Ptlm. Stephen Moder should be terminated as it relates to his conduct unbecoming an officer and since he is still in his probationary status and under Chapter 8, Article 14, Section 11 of the WV State Code should not make probation here at the city of Weirton Police Department. Thank you for your consideration in this matter, Chief A. R. Alexander CITY OF DEPARTMENT OF POLICE EMERGENCY 911 Address Alt Correspondence to: 200 Municipal Plaza A. R. ALEXANDER. West Vir inia 26062 Chief of Police 304-797-8577 FAX 304?797-5709 May 3 2016 Chief A. R. Alexander, Ill City of Weirton Police Department 200 Municipal Plaza Weirton, WV 26062 RE: Probationary Patrolman Stephen Mader Dear Sir: Chapter 8, Section 14, Articleml'l, of?tife West Virginia State Code states the following: ?All original appointments to any position in a paid police department subject to civil service provisions of this article shall be for a probationary period of one year. Provided that at any time during the probationary period the probationary may be discharged for just cause, in the manner provided in Section 20 of this article. If, at the close of this probationary term, the conduct or capacity of the probationer has not been satisfactory to the appointing of?cer, they shall be noti?ed in writing, that he will not receive absolute appointment, whereupon his employment shall cease.? ?Just Cause? is de?ned as misconduct of an employee, or some otheneven?tw relevant to the employee, which justifies the immediate tenninationn?he employment contract. It is the duty of a police of?cer to provide enforcement of criminal and traf?c laws with emphasis on providing basic enforcement and citizen protection ?'orn criminal depredation throughout the community and maintaining safety upon the community?s streets and highways. It is the opinion of this of?cer that Ptlm. Mader should be dismissed from employment by the City of Weirton Police Department before the close of his probationary period due to negligence on his part during the incident that occurred on May 6, 2016, in which a fellow officer had to react and unfortunately take the life of the suspect, Ronald. D. Williams, Jr., to ensure the safety of the victim and her young son at Marie Avenue, Weirton, West Virginia, Hancock County, as well as other of?cers on scene and other citizens residing within the immediate area. SERVE THE Chief A. R. Alexander, 111 May 31, 2016 Page 2 ?a Ptlm. Mader was negligent in the fact that he failed to engage the SUSpect to end the threat of any further violence or potential loss of life as the suspect presented a clear and present danger to all people in the immediate area. On Page 5 of Ptlm. Mader?s statement given to Lt of the Weirton Police Depamnent, he states, could tell was in danger of being shot.? but failed to react. Furthermore, on Page 4 he states, ?He (the suspect) was now raising his gun higher. The gun was at about my thigh or torso area. His aim was damn close but I think to the left of me. If he would have ?red, it would have been a torso shot to me. He was waiving is gun back and forth between Inc and The unfortunate reality of police work is that making any decision is better than making no decision at all. Law enforcement is a dif?cult career full of ever changing and fast moving scenarios in which decision making is a critical component and this incident is not the ?rst incident during the probationary period that Ptm. Mader had exhibited poor judgment or failed to deduce facts and circumstances surrounding him. More Speci?cally a previous incident in which he failed to View a situation as suspicious which lead to an improper decision on the cause of death for an individual and only after the facts were discovered by other police of?cers and investigators dispatched, and an autopsy performed of the decedent that the cause of death was determined to be blunt force trauma with a severed spine. Ptm. Mader was written up for this incident. It is this of?cer?s experience as a 24 year veteran of law enforcement and holding many positions within the police department, that. no o?icer was ever trained to deduce the intention of a suspect or the possible area of impact that may be the result of the suspect?s discharge of a ?rearm during a deadly force. It is the responsibility of the of?cer to be aware of his target backstop and beyond during a deadly force encounter but this was not the situation facing Ptlm. Mader. Ptlm. Mader was within several feet of the suspect with arti?cial lighting and was the of?cer in the best possible position to engage the suspect with little or no collateral damage. Ptlm. Mader?s failure to react le? himself and those around him in grave danger, facing the threat imminent bodily injury and or loss of life. Chief A. R. Alexander, HI May 31, 2016 Page 3 It is my recommendation that Ptlm. Made: be terminated while still on probation because of the severity of the aforementioned situations and his apparent dif?culties in critical incident reasoning rendering him ine?'ective and presenting himself as more of a liability to the Weirton Police Depai-?tment and the City of Weirton, than an asset. Respectfully, . Captam Weirton Police Department 200 Municipal Plaza Weirton, WV 26062