ST PAUL, Minn. — Hennepin County Sheriff David Hutchison is still recovering from injuries he suffered in a rollover accident, which he acknowledged was alcohol related. In addition to four misdemeanor charges connected to the crash, the sheriff may also face sanctions against his peace officer license.
The Board of Peace Officer Standards and Training, or POST, regularly reviews conduct complaints against officers and has the power to issue sanctions, including license suspensions and revocations. A peace officer license is required under state law for anyone who is a county sheriff, a sheriff's deputy, police officer or state trooper.
"It really just depends what the ultimate finding is from the court proceeding," Erik Misselt, the POST Board executive director, told KARE.
"We will wait for the criminal process to run its course in most cases, unless there’s something egregious."
The POST Board is empowered to automatically revoke a license in felony cases. But in other types of crimes the board can issue a wide variety of sanctions, including placing conditions on a license, suspending the license or revoking it. In some cases, the suspension is stayed, so it would only take effect if the officer commits another offense during the suspension period.
"Any licensee that’s accused of X, Y, Z violation and is facing potential license sanctions has the opportunity to be heard by the board, make their case, be represented by counsel, so it's a quasi-judicial proceeding," Misselt explained.
He said in some cases the license suspension isn't lifted until the officer completes some type of treatment or counseling.
The board goes by Minnesota Administrative Rule 6700.1600 which lays out the types of crimes that can lead to a license sanction. It includes Fourth Degree Driving While Impaired, which is one of the charges against Hutchinson.
Hutchinson was returning from the Minnesota Sheriff's Association Winter Conference in Alexandria when he lost control of his unmarked, county-owned vehicle on I-94 about five miles east of Alexandria. According to the Dept. of Public Safety, the urine sample collected by Minnesota State Troopers after the crash showed a blood alcohol content of 0.13, above the 0.08 level considered impaired under state law.
The charges
The Douglas County Attorney on Friday charged Hutchinson with these four misdemeanor offenses:
- Fourth-degree Driving While Impaired
- Operating a Motor Vehicle Under the Influence of Alcohol
- Operating a Motor Vehicle with a Blood Alcohol Content of .08 Within Two Hours
- Carrying a Pistol Under the Influence of Alcohol
Hutchinson and his attorney Fred Bruno declined to comment about the charges. Earlier in the week Hutchinson issued this statement:
"I made the inexcusable decision to drive after drinking alcohol and I am deeply sorry. As the Chief Law Enforcement Officer in Hennepin County, I am held to a higher standard. I regret the choice I made and apologize to the citizens I serve, the staff I work with, and the friends and family who support me.
"I take full responsibility for my actions and am prepared to accept the consequences of my poor decision. I am relieved that no one else was injured in the crash. I will immediately address my personal issues surrounding alcohol and seek the help I need to continue to serve the people of Hennepin County."
Call for resignation
Nekima Levy Armstrong of the Racial Justice Network Friday called on Sheriff Hutchinson to resign.
"It is time for Sheriff Hutchinson to step down, step down and allow someone else to step forward who is able to effectively manage the Hennepin County Sheriff's Office," Levy Armstrong told KARE.
"We're at a time of a lot of turmoil here in the Twin Cities with regard to race relations, and specifically with regard to law enforcement."
She said her organization supported Hutchinson when he ran for Sheriff in 2018, but lost faith in him over the way the Hennepin County Sheriff's Office handled protesters in Brooklyn Center after police there fatally shot Daunte Wright during a traffic stop.
If there is a vacancy in the sheriff's office -- and that's a very big if in these early stages -- it would be up to the Hennepin County Board to appoint a replacement until a new sheriff is elected in the next regular election. There isn't a mechanism in state law to fill sheriff vacancies through special elections, which is how it's handled when state lawmakers can't finish a term.
If the sheriff's license were to be temporarily suspended, the sheriff could appoint a temporary interim sheriff until his license is reinstated.