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Silence: Two of SLCPD’s most powerful officers under investigation since last summer

Posted at 9:51 PM, Mar 21, 2023
and last updated 2023-03-23 23:20:49-04

This story is part one of a three-part series, Silence: Different Rules for Different Officers

SALT LAKE CITY — The Salt Lake City Police Department does not want the public to know that two of its highest-ranking officers are under investigation.

Both cases started last summer and involve SLCPD captains. Both cases were investigated criminally.

Chief Mike Brown and his four deputy chiefs are the only officers who wield more power than an SLCPD captain.

The department has declined to answer questions about either investigation or acknowledge their existence, prompting some to ask why Chief Brown enforces “different rules for different officers.”

July 1, 2022

Captain Stefhan Bennett is in charge of police at the airport.

On July 1, 2022, he was in Cottonwood Heights at the Porcupine Pub and Grille with a friend from out of the country.

When the bartender asked to see ID, the friend’s passport was in the car.

She said that’s when Captain Bennett lost it.

“He was drinking a Guinness. It was the first one that I had served him,” the bartender said. “He’s normally very nice... I walked around the corner, and he said, ‘What you’re doing is really ****ed up,’ and I said, ‘I’m just doing my job,’ and he said, ‘Well, you’re doing your job wrong.’”

The bartender said Captain Bennett is a known “regular” at the restaurant who comes in “maybe once a week."

“He said, ‘I’ll remember that, and next time, if I see you outside of here, just wait and see what happens to you,’” the bartender described.

A manager at the restaurant also spoke with investigators.

“I went up to him and I said, ‘Hey, I’d just like to get your side of the story about what just happened there,’” the manager said. “He said, ‘I don’t have to ****ing tell you ****. I’ll just ****ing take care of this.”

The employees said Captain Benentt’s friend paid for the drinks after the argument and they left.

Another officer who happened to be at the restaurant with his wife called Chief Robby Russo of the Cottonwood Heights Police Department to report the incident.

At first, Chief Russo was told it might be one of his own officers who started the argument.

Based on his reputation, customers thought heads were about to roll.

“Oh, this guy is dead when Chief Russo gets ahold of it!” said one customer.

“You know that! You know our chief! ” an officer responded.

Days later, according to the Cottonwood Heights Police Department’s report, Captain Bennett “contacted other employees at the bar in an attempt to get them to pressure (the bartender) into letting this go.”

From there, the criminal investigation turned from “disorderly conduct” to “obstruction” or “witness tampering.”

SLCPD opens case but stays silent

Chief Russo called Chief Brown and informed him the Cottonwood Heights Police Department opened a criminal investigation.

In response, SLCPD opened an internal affairs investigation and placed Captain Bennett on leave.

The department has refused to answer questions about the case for eight months.

“Is there anything you can tell me about either the criminal investigation or internal affairs investigation of Captain Bennett?” asked FOX 13 News reporter Mythili Gubbi to Chief Brown on December 8, 2022.

Brent Weisberg, the chief's communications director, stepped in to prevent Chief Brown from answering.

“No, we’re actually talking to (FOX 13 News investigative reporter) Adam Herbets about that,” Weisberg said.

“Is there anything else you can tell us?” Gubbi asked.

“No,” Chief Brown responded.

Weisberg’s statement was false. In an email, the department stated it does not comment on personnel matters.

The department would not even confirm if Captain Bennett still works for SLCPD.

Kyle Jeffries, a retired detective with the Clearfield Police Department, said he was confused with SLCPD’s lack of transparency.

Jeffries, who has no ties to this case, used to be a public-information officer tasked with communicating with the public.

He offered this advice to SLCPD:

“The more information you get out, the better it is... Go out and talk to Adam (Herbets) and say, ‘Hey, Adam, there’s been an allegation against this person. We’ve removed this person from the road right now until we find out exactly what happened.’”

Inconsistency

The secrecy surrounding Captain Bennett’s case is not consistent with other SLCPD internal affairs investigations.

Despite the department insisting it does not comment on personnel matters, Mayor Erin Mendenhall and Chief Brown have held press conferences to announce ongoing investigations of officers in some cases.

In 2022, Chief Brown conducted interviews with FOX 13 News to discuss the ongoing internal affairs investigations of Officer Ian Anderson and Officer Jadah Brown.

“I know these officers. These are great officers,” Chief Brown said at the time. “I stand by these officers and what they did that day.”

“Our officers we believe did as they were trained,” Mayor Mendenhall said at the time. “We still stand by (the officers) while acknowledging that deeper investigations are taking place.”

In 2023, the department released a statement to FOX 13 News, confirming it placed Officer Thomas Caygle on administrative leave and opened an investigation.

“Our community expects the very best of its police officers at all times, including when off-duty and on personal time,” Chief Brown said at the time. “In reviewing the information and materials I’ve received so far, I am concerned and disappointed by this incident.”

More than a half-dozen sources within SLCPD say it is “well known” within the department that Captain Bennett and Chief Brown “do not have the best relationship.”

“We all know that if you don’t get along with the chief, the chief can make things hard for you,” Jeffries said.

According to Jeffries, when departments like SLCPD fail to communicate with consistency, it does not benefit them, it does not benefit the public, and it does not benefit the officer whose reputation is at stake.

“I don’t see why there would be a problem saying (Captain Bennett) still works here,” Jeffries said.

Both investigations continue

Captain Bennett was on administrative leave for about a week and allowed to come back as the internal affairs investigation continues.

He has declined to comment.

“If you do want to go talk to the press and clear your name, sometimes you’re ordered not to,” Jeffries said. “That’s just the way it is.”

LaMar Ewell, who recently retired as deputy chief, spoke to FOX 13 News on Captain Bennett’s behalf.

“I questioned the case from the beginning because I didn’t believe it,” Ewell said. “I don’t think there were any policy violations... I vouch for (Captain Bennett’s) character.”

Ewell said he believes Captain Bennett is not guilty of “obstruction” or “witness tampering” because he was told Captain Bennett was simply talking to friends who worked at the bar when they called and asked about what happened.

According to the Cottonwood Heights Police Department’s report, at first a prosecutor declined to file criminal charges over the phone.

Salt Lake County District Attorney Sim Gill reopened the case after FOX 13 News started asking questions. He thanked us for bringing the incident to his attention.

“We don’t do phone screenings,” Gill said. “We have a team of attorneys whose job it is to review those cases... There’s no record of that (phone call), and for me, having a record whenever you’re making a decision to charge somebody or decline filing charges is really important.”

The office said it does not expect to make a decision on Captain Bennett’s criminal case for “several weeks.”

Captain Bennett’s personnel file

While reviewing and evaluating the case, Jeffries said the biggest red flag for him was Captain Bennett’s disciplinary file.

Bennett’s first case of discipline occurred in 1995 for “abuse of discretion.”

At the time, Bennett was only a recruit.

“You identified yourself as a police officer of this department to add emphasis to personal business you were conducting,” wrote Lieutenant Scott Folsom. “This letter serves as written reprimand for your conduct.”

Bennett’s second case occurred in 1996, receiving discipline for “unprofessional contact” while off duty.

“The complaint alleged that you made threats of police retaliation over an incident that occurred while you were off duty and had no merit for official police action,” wrote Captain Marty Vuyk. “The discipline I have decided on will be a letter of reprimand and 4 hours of training on police ethics... I want to remind you that your employment with the Department is probationary, and this is the second letter of reprimand that you have received regarding your exercise of police authority”

In 2009, according to the personnel file, Bennett got into an argument with someone at a restaurant after being carded although he didn’t order alcohol.

According to the employee, Bennett said: “It takes a lot of balls to ask an on-duty officer for his ID.”

In 2010, the department documented Bennett yelling and cursing at another officer. They disciplined him for being “inconsiderate and disrespectful to a subordinate.”

“I find your behavior in this matter reflects poorly on your judgment and self-control,” wrote Deputy Chief Kenneth Pearce. “Most concerning is this is not the only incident in which your emotions have led to undesirable reactions and interactions.”

In 2011, Bennett was accused of making a joke to another officer after arresting a 17-year-old from Latin America with cocaine.

According to the other officer, Bennett said: “You should have taken him off into the desert and shot him in the head.”

"It is the decision of your administration to reduce this complaint to an M-file (miscellaneous complaint) resolved by your division,” wrote Deputy Chief Rick Findlay. “This matter is considered closed... and will not be reviewed further.”

In each case, Bennett received either a warning or additional training at most.

Bennett has not had a sustained complaint in the last 10 years, receiving several commendations and promotions instead.

“It doesn’t, to me, look like the behavior has changed,” Jeffries said. “You shouldn’t even be bringing up the fact that you’re a police officer when you’re off duty... The last thing we want is any young officer to believe that because he carries that badge he’s better than somebody else.”

The Salt Lake County District Attorney’s Office said it would not consider Captain Bennett’s personnel file when making a decision on the criminal case.

Jeffries said he believes the personnel file should impact the outcome of the internal affairs case.

“I don’t think there should be a second, third, and fourth chance before either the person is demoted or not having a job anymore,” Jeffries said. “If (SLCPD) is not following up on it, it’s kind of on the police department as well.”

Response

After FOX 13 News published its first story, Chief Brown emailed a statement to FOX 13 News through his spokesperson.

“As Chief of Police, I am committed to responsible transparency in all matters," he wrote in part. "Ensuring personnel issues are consistently, fairly, and thoroughly investigated is of paramount importance to me, department employees, and the public we serve.”

Chief Brown did not specify why the release of public information surrounding these two cases is not being handled consistently with other cases.

Instead, he stated "the release of some information or providing details about a case in the middle of an ongoing investigation could potentially jeopardize the reliability or credibility of that proceeding."

According to Jeffries, at the very least, government agencies are expected to release information to the public that is a matter of public record. This would include informing the public when an employee is on leave or whether an employee is still working for the agency.

As previously stated in this report, Chief Brown and Mayor Mendenhall have held press conferences or given interviews about officers who are facing an internal affairs investigation on multiple occasions.

Captain John Beener

The second case, involving another SLCPD captain, was also investigated criminally.

Captain John Beener’s case centers around an allegation of vehicle registration fraud.

This story is part one of a three-part series, Silence: Different Rules for Different Officers

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