Firing of Policeman Upheld by Civil Service

Saying police officers “must show dignity and respect toward each and every person they contact,” the San Diego Civil Service Commission on Friday upheld the firing of Officer Richard D. Draper, who had amassed an extraordinarily high number of citizen complaints during a Police Department career that spanned the last 10 years.

The commission’s unanimous decision came after three days of hearings last month into an incident in which Draper allegedly pistol-whipped a college student after a high-speed chase in El Cajon.

In its report, the commission said that Draper “demonstrated extremely unbecoming conduct and lack of judgment and maturity” during the off-duty incident Feb. 7.

Draper could not be reached for comment Friday. During the hearings, however, he contended that the Police Department was out to get him because of negative publicity about his aggressive approach toward police work.

‘Very Disappointed’

His attorney, John Heisner, said Friday that Draper was “very disappointed” by the outcome of his appeal to the Civil Service Commission.

“We didn’t feel the evidence warranted a termination,” Heisner said. “But now we need a little more time to reflect upon the details of the findings before we make any decision on the future.”

One option is to file a lawsuit in Superior Court, seeking reinstatement. “He really wants to get back into law enforcement,” Heisner said of Draper.

Cmdr. Cal Krosch, a San Diego Police Department spokesman, said the commission’s ruling states clearly that police officer misconduct will not be tolerated.

“We’re obviously pleased with the commission’s decision,” Krosch said. “We felt our decision to terminate Officer Draper was an appropriate one, both for the department and for the citizens of San Diego.”

Citizen Complaints

According to police sources, Draper was the target of more than 25 complaints from citizens alleging excessive force before he was ordered to turn in his badge in May. He shot and killed a man in 1980, which was later ruled justified, and he was involved in two other shootings that were ruled accidental.

The officer also drew headlines for his role in a 1983 courthouse “bumping incident,” in which he arrested a defense attorney for assaulting him in a hallway. The case against the attorney was eventually thrown out, and the city paid $30,000 this summer to settle a lawsuit filed by the lawyer.

Draper’s termination notice, signed by then-Police Chief Bill Kolender, stated that the El Cajon incident was “another in a continuing pattern of misconduct” in which “you have displayed serious problems with your judgment and with your interactions with the public.”

The commission concurred, stating that Draper’s “verbal and physical force was unnecessary and excessive” in the El Cajon incident.

Testimony at the commission hearings showed that Draper, who was off duty at the time, began chasing Scott McMillan at high speed through heavy traffic on Interstate 8 after the college student apparently passed too close to his vehicle.

McMillan and witnesses testified that Draper followed the young man off the highway, back on again and finally off another exit, where he confronted him with his service revolver, forcing him from his car and striking him on the head with the weapon.

‘Potential for Serious Injury’

The commission found that Draper handled his loaded firearm in an unsafe manner. “The potential for serious injury to McMillan, other citizens and to the officer himself was inherent in his actions,” the report said.

The report also noted that Draper’s “actions were motivated by anger, lack of control and retaliation,” and that the incident occurred just days after Draper attended a public relations class designed to counsel officers against behaving in an abusive manner.

The commission rejected Draper’s contention that he was being punished for his aggressive approach to police work.

“Given the considerable power and authority accorded to both on- and off-duty police officers, aggressiveness must be balanced with an equal degree of judiciousness,” the commission said.

No charges were brought against Draper in connection with the chase. McMillan, who was not prosecuted, has sued Draper and the city.