BEFORE THE ADMINISTRATIVE HEARING COMMISSION STATE OF MISSOURI MISSOURI STATE DEPARTMENT) FIL ED OF PUBLIC SAFETY, Jerry Lee, Director, JUN 1 0 20? RD. Box 749 MIMST TN Jefferson City, Missouri 65102 COmIsS?f-gh RING (573)751-4905 Petitioner, . v. Case No. . RICHARD PACHECO 331 N. 213T Street Kansas City, KS 66102 Respondent. I COMPLAINT FOR DISCIPLINE OF PEACE OFFICER LICENSE COMES NOW the Director of the Department of Public Safety, by and through Assistant Attorney General Curtis Schube, and for his petition for peace of?cer discipline states: 1. Petitioner is the Director of the Department of Public Safety who has the authority to issue, suspend or revoke peace of?cer licenses as outlined in Chapter 590 of the Revised Statutes of Missouri and the Rules and Regulations of the Director of the Department of Public Safety. 2. Respondent, Richard Pacheco (?Pacheco?), is licensed as a peace of?cer by the Department of Pulilib-S?afety, licenSe no. 50766. This license is current and active and was so at all times relevant herein. 3. Pursuant to Chapter 621 and 590.080, RSMO, this Commission has jurisdiction to receive this Complaint and determine whether cause exists for Petitioner to discipline Respondent's peace of?cer Certi?cation. 4. Section 590.080.2, provides that when Petitioner has knowledge of cause to discipline a peace of?cer, he may ?le a complaint with the Administrative Hearing Commission as provided by Chapter 621, 5. Section 590.080.1, provides the following: 1. The director shall have cause to discipline any peace of?cer licensee who: (2) Has committed. any criminal offense, whether or not a criminal Charge has been lI.\ 6. On or about November 13'911, 2011, Pacheco committed the crime of Giving a False Alarm, a class A misdemeanor, in violation of Kansas statute K.S.A. 21-6207, when he unlawfully made a call for emergency service assistance, knowing at the time of such call that there is no reasonable ground for believing such assistance is needed. K.S.A. 21-6207 states in relevant part: - Giving a false alarm is: an?: (2) making a call in any manner for emergency service assistance including police, ?re, medical or other emergency service provided under K.S.A. 12-5301 et seq., and amendments thereto, knowing at the time of 2 such call that there is no reasonable ground for believing such assistance is needed. 7. On or about uly. 3(1, @013, in the District Court of Wyandotte County, Kansas, plead nolo contenddra to the charge of False Alarm, K.S.A. 21- 6207, and was sentenced to 12 months in jail, sentence suspended, with a term of six months of probation, a requirement that Pacheco give up his Kansas law enforcement commission, and court costs. 8. Also on November 13th, 2011, Pacheco committed the crime of Assault and/or Aggravated Assault, when he drew a ?rearm on Dan Orr and approached Dan Orr in a threatening manner, causing Orr reasonable apprehension of immediate bodily harm, in violation of Kansas Statute K.S.A. 21-5412 in violation of which states relevant part: Assault is knowingly placing another person in reasonable apprehension of immediate bodily harm; Aggravated assault is assault, as de?ned in subsection committed: 1) With a deadly weapon[.] 8. Also on November 13th, 2011, Pacheco committed the crime of Battery and/or Aggravated Battery, when he performed a takedown maneuver, and subsequently forcefully detained, upon Dan Orr, with a drawn ?rearm, in a rude, insulting and angry manner in a manner whereby great 3 bodily harm, dis?gurement or death could have been in?icted, in violation of Kansas Statute K.S.A. 21-5413, which states in relevant part: 9. Battery is: (2) knowingly causing physical contact with another person when done in a rude, insulting or angry manner; Aggravated battery is: (C) knowingly causing physical contact with another person when done in a rude, insulting or angry manner with a deadly weapon, or in any manner whereby great bodily harm, dis?gurement or death can be in?icted; Also on November 13th, 2011, Pacheco committed the crime of Criminal Restraint, when he knowingly and without legal authority restrained Dan Orr so as to interfere substantially with Orr?s liberty, in violation of Kansas Statute K.S.A. 21-5411, which states in relevant part: Criminal restraint is knowingly and without legal authority restraining another person so as to interfere substantially with such person's liberty. WHEREFORE, the Director?- prays that this Commission ?nd that Respondent's peace of?cer certi?cation is subject to discipline. Respectfully submitted, CHRIS KOSTER Atto ey General Curtis?sql; JV Assistant ttorney General Missouri Bar No. 63227 Supreme Court Building - 207 West-High Street P.O. Box 899 I Jefferson City, MO 65102 Telephone: 573-751-7728, Telefax: 573-751?5660 Attorneys for Petitioner Before the Administrative Hearing Commission- State of Missouri DIRECTOR OF DEPARTMENT OF PUBLIC SAFETY, Petitioner, No. 14-0948 PO VS. RICHARD PACHECO, Respondent. CONSENT ORDER The Director of the Department of Public Safety ?led a complaint seeking to discipline the peace of?cer license of Richard M. Pacheco. Section 590.0801 gives us jurisdiction. On September 18, 2014, the parties ?led a ?Joint Motion for Consent Order, Joint Stipulation of Facts and Conclusions of Law, and Waiver of Hearing.? Our review of the document shows that the parties have stipulated to certain facts and waived their right to a hearing before us. Because the parties have agreed to these facts, we incorporate them into this order and adopt them as stipulated. See Buckner v. Buckner, 912 S.W. 2d 65, 70 (Mo. App., W.D. 1995) (court is bound by and must give effect to parties? stipulations of fact). We conclude that the licensee is subject to discipline under We incorporate the parties? proposed ?ndings of fact and conclusions of law into this Consent Order. We certify the record to the licensing agency under 621.110. The only issue before this Commission is whether the stipulated conduct constitutes cause to discipline the license. The appropriate disciplinary action is not within our power to decide; that is subject to the Director?s decision or the parties? agreement. Section 590.0802 and .3. No statute authorizes us to determine whether the licensing agency has complied with the provisions of 621.0454. We have no power to superintend agency compliance with statutory procedures. [Missouri Health Facilities Review Comm. v. Administrative Hearing Comm 700 S.W. 2d 445, 450 (Mo. banc 1985). Therefore, we do not determine whether the agency complied with such procedures. SO ORDERED on September 19, 2014. KAREN A. WINN Commissioner lStatutory references are to Supp. 2013 unless otherwise noted.