Cop Fired After Losing Service Weapon, Going Home While On Duty

ALPHARETTA, GA — The city of Alpharetta terminated the employment of an officer after it found he violated Department of Public Safety policies pertaining to handling traffic accidents, leaving his gun belt at a firing range and stopping at his house while on duty on multiple occasions.

Alpharetta police administrators on Jan. 8 initially placed Capps on administrative leave for two events that transpired on Jan. 3 and Jan. 4. On Dec. 30, 2017, Capps was notified by a supervisor that he did not write a citation for the at-fault motorist involved in an accident. He was provided with a copy of the department policy reminding him of his responsibilities when responding to calls of traffic incidents.

On Jan. 3, Capps "chose to write another motor vehicle accident report without the required citation," according to the city's documentation of the officer's alleged actions. He was asked by his supervisor why he didn't include a citation with his report, and Capps allegedly said he'd been "doing it this way for nine years."

"The employee was terminated for a pattern of behavior and poor decisions of which his choosing to not follow lawful directives to issue citations to at-fault drivers who caused vehicle crashes that resulted in property damage was a part," Assistant City Administrator James Drinkard said.

According to CBS 46, Capps questioned the reasons behind his firing. The former officer told the news station that it's already a "hassle" when drivers are involved in fender-benders, and adding a citation on top of the collision wouldn't make things better for the parties involved. He also accused his supervising lieutenant of having a thing for tickets and "gets off on...causing other people pain."

However, Capps' personnel file provided by the city shows he was also accused of insubordination when he asked fellow members of his squad if they were required to write citations for motor vehicle accidents. That action, the city charges, only sought to undermine the authority of the supervising lieutenant and to "foment discontent among the officers."

While on patrol on Jan. 4, Capps was discovered to have placed himself out of service by stopping at his home. Alpharetta notes Capps' was assigned to cover the south zone beat while his home is located in the city's east zone.

A lieutenant called Capps via radio and told him to report to his assigned beat, but Capps returned the call to his supervisor and told him he stopped by his home to use the bathroom. Drinkard said Capps made "multiple, lengthy visits to his home while on duty" and was previously told to stop the practice.

"His residence was located outside of his patrol zone, and the employee would be off patrol for periods of 30 to 45 minutes each time," Drinkard told Patch.

In the city's findings, Capps allegedly raised his voice and argued that stopping at his home qualified as conducting residential patrols. Capps returned to his patrol about 40 minutes later after his conversation with the lieutenant, the city's documentation states.

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The violations don't stop there, according to the city. On Aug. 1, 2017, Capps left his duty belt — complete with his department-issued firearm — at the Pickens County Firing Range. The weapon and belt were found after Capps left the facility by a class instructor from another police department. Capps, who retrieved the weapon the following day, was disciplined for losing the weapon and "failing to report" the incident, Drinkard added.

Capps was subsequently placed on a four-day suspension in late September and early October for the violation. A performance improvement plan was also implemented for Capps to ensure he was in full compliance with departmental policies, city records show.

Capps also had previous issues with violating department policy, according to the city. In 2014, Capps was suspended for one day after reporting to roll call wearing gauge-style earrings after being previously informed about the agency's policies on grooming standards. He was also verbally reprimanded in September 2017 for improperly handling a felony shoplifting case. Two juveniles and a 17-year-old were detained in connection to the incident and Capps responded to the scene. According to city records, Capps asked his supervisor if he could release the 17-year-old on a copy of the felony charges, which goes against city policy that states felony shoplifting cases must be cleared with an arrest for the adult.

“While the decision to terminate employment was based, in part, on the former employee’s decision to ignore lawful departmental policy and refuse to properly cite at-fault drivers who caused traffic crashes that resulted in property damage, that behavior was part of a pattern of performance and poor decision making that was simply not acceptable," Drinkard told Patch. "The city of Alpharetta makes no apology for holding our personnel responsible for properly carrying out their assigned duties, being stewards of the public trust, and advancing our mission to enhance the quality of life of our residents, businesses, and visitors.”

Capps had been employed by the city since June 2008 and was formally fired on Jan. 18. Capps appealed his termination, adding the decision to fire him was made before he was provided details about the charges leveled against him, according to a letter submitted to the city on Jan. 19. He also said he was not provided a chance to refute the claims. In a letter dated Feb. 9, Drinkard announced that Capps' termination from the Alpharetta Department of Public Safety would stand.

He appealed that decision to City Administrator Bob Regus, who also upheld the former officer's firing.

"In consideration of that evidence, it is my determination that the previous findings and determinations regarding violations of departmental policies and procedures are sustained," Regus added in his decision, which marked the final administrative outlet available to Capps to address the status of his job. "Therefore, it is my determination that the decision to terminate your employment was appropriate and shall be upheld."

Image via Alpharetta Department of Public Safety