Sandra Emerson, Staff Writer
Created: 08/08/2011 10:40:11 PM PDT
UPLAND – The original police report taken during a domestic dispute between former City Manager Robb Quincey and his ex-fiancee requested that the case be sent to the San Bernardino County District Attorney’s Office.
However, it appears the final report filed July 27, 2008, was never sent to the district attorney. The case status on the final report is “exceptional clearance,” citing that the woman did not want to press charges.
The report spawned a settlement with one of the investigating officers and a police union attorney. Quincey was terminated in May by the City Council.
The District Attorney’s Office did not receive a copy of the report, spokesman Chris Lee said.
Representatives of the office cannot say if it is common for a report’s status to change, Lee said.
“It’s hard for us to determine because we’re not the investigating agency in this case,” Lee said.
“We certainly have expectations that each case is handled objectively, but, ultimately, we have no authority or oversight of the law agency involved.”
Upland’s acting police chief, Jeff Mendenhall, said he could not specifically address Quincey’s report but that the status of the case can be labeled in various ways, such as “open” or “exceptional clearance.”
“The exceptional clearance is if a victim does not desire prosecution then the case can be cleared for reporting purposes as it had been solved,” Mendenhall said. “When a victim does not desire prosecution, there is no need to send it to the district attorney.”
Upland police officers were called to the home of Quincey’s ex-fiancee on July 27, 2008, after she received three text messages from him that she found threatening.
The officers also investigated claims that Quincey kicked and punched her car when she was leaving his residence earlier in the day.
One of the officers – Lt. John Moore, who was a sergeant at the time – later threatened to sue the city alleging he was retaliated against for investigating the incident.
In Moore’s claim, which was sent directly to Quincey in January 2010 and not officially filed with City Hall, the officer said Quincey and Police Chief Steve Adams pressured him to destroy the report, but he refused.
As a result, Moore said he was harassed by Adams and Quincey and was turned down for a promotion by the Police Department.
Quincey agreed to settle with the officer for at least $25,000 in attorneys fees and a promotion to lieutenant. A second claim filed by Upland police officers was settled at the same time for an additional $25,000.
Quincey was fired by the City Council in May for failing to follow special council direction and violating his employment agreement.
He has not been charged with any crimes.
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