POULSBO POLICE DEPARTMENT

200 NE Moe Street Poulsbo, Washington 98370 360.779.3113

FOR IMMEDIATE RELEASE

Contact:
Poulsbo Police Department
Chief Al Townsend
360.779.3113
atownsend@cityofpoulsbo.com
Twitter: @PoulsboPDChief

Police Chief Al Townsend Responds

to Questions about KCSO Sergeants Investigation
January 2, 2016The purpose of this release is to try to answer questions from the public about
how the Poulsbo Police handled our portion of the investigation into Kitsap County Sheriff
Sergeant Jim Porters impairment on the night of October 16th, 2015.
On October 16th, officers were called to a movie theater within the city limits of Poulsbo. The
theater had contacted police because they observed a subject to be walking to his car in the
parking lot and he appeared intoxicated. Officer Danielle Branes, a newer police officer with the
department responded and made contact with the subject, later determined to be Porter. Ofc.
Branes activated her body worn camera during the encounter. During the contact, she was able to
clearly determine that the occupant of the vehicle was impaired. The vehicle was off, the keys
were not in the ignition, and it was legally parked in a parking stall in the theater parking lot.
Porter declined to provide Ofc. Branes his name or provide any identification.
At that time, Ofc. Branes made several offers to give Porter a ride home. Porter declined. Ofc.
Branes determined that he was safely off of the roadway and that no enforcement action should be
taken. She instructed the theater to call police if the vehicle left. Some have said that they believe
that Porter was treated special by Branes because he was a law enforcement officer. That is not
the case. Ofc. Branes was unaware that Porter was a law enforcement officer at any time during
her contact with him. Officers of the Poulsbo Police Department routinely offer people who are
impaired the opportunity to take a ride home in lieu of sitting in their vehicle, WHEN the vehicle is
safely off the roadway, a defense to being in physical control of the vehicle.
At 10:57 p.m., dispatchers reported that the theater had called to report that the vehicle that
Porter was in left the theater 5 minutes prior. This call was dispatched over the north radio
channel, covering Poulsbo, Bainbridge Island, Suquamish and Port Gamble tribes, and the north
KCSO units. No officers were in the immediate area at the time of this call, however, Poulsbo
Officer Jennifer Corn asked for the vehicle registration information. It should be noted that Ofc.
Corn had a reserve police officer in her vehicle with her that night. Her intent was to travel the
most direct route from the theater to the registered owners address as a caretaking function to

ensure that they made it home. The registered owners address is approximately 3 miles or
more outside of the city limits of Poulsbo.
At 11:10 p.m., as Ofc. Corn begins to approach the home of the registered owner, she sees Porters
vehicle backed into and parked on the side of the driveway. She also notices a sheriffs
department vehicle in the driveway. Its at this point that she recognizes the registered owners
name to be that of Sgt. Jim Porter of the Kitsap County Sheriffs Office. She then approached
Porters vehicle which he was still occupying. She notices that the keys to the vehicle are not in
the ignition and again this vehicle is safely off of the roadway. While it can certainly be presumed
that Porter drove to this location, neither Ofc. Corn nor any other officer observed the vehicle in
motion.
At this point, because of his law enforcement position, because she knows him, and because she
is outside the city limits of Poulsbo, at 11:12 p.m. she calls for a supervisor for the Kitsap County
Sheriffs Office and at 11:17 p.m. she calls for a supervisor from the Poulsbo Police Department. I
was working the street with my officers that night and responded to Porters house at her request.
A sergeant from KCSO also responded. It should be noted that during Ofc. Corns interaction with
Porter, she had activated a body worn camera that our agency deploys to all police officers and
sergeants.
During my interactions with Ofc. Corn, away from Porter, she turned off her body camera. Poulsbo
Police Department policy allows officers to deactivate their body cameras when consulting with
other officers about investigatory matters. During this particular deactivation time, Ofc. Corn
explained to me how she ended up at the house, who the subject was, what she had observed, and
what course of action we would take. Also off camera, Ofc. Corn and I talked with KCSO Sergeant
Dickson who came to the residence. Again, Ofc. Corn repeated to him the details of the call and
how she ended up at Porters home. It was at this point that the investigation now belonged to the
sheriffs office. Sgt. Dickson contacted the movie theater to determine if anyone from the theater
saw the driver of the vehicle, which they did not. During our conversation with the on scene KCSO
sergeant it was suggested as an option to KCSO, that KCSO may want to contact the Washington
State Patrol to conduct a further investigation, but that our investigation was concluded after
KCSO had arrived at the scene, since it was clearly outside of our jurisdiction. At 12:10 p.m. the
investigation was completely turned over to KCSO. Ofc. Corn, her reserve officer, and I left the
residence. Later that night I do recall hearing the KCSO Office of Professional Standards sergeant
on the radio and presumably to go to Porters home where Sgt. Dickson was located. Further
details of what investigatory steps took place by KCSO after our department concluded its
involvement will need to be directed to that agency.
I believe Ofc. Corn handled herself with the utmost professionalism while following department
directives, especially when encountering someone that she has known for years and outranks her
in another law enforcement agency. Her decision to call supervisors from her agency and the
agency with jurisdiction was key. It was not her place to try to make decisions about how this
investigation should proceed. At no time does she try to hide anything. She activates her body
worn camera and uses it in accordance with policy during the entire incident.
Sgt. Porter put many people in a very bad situation because of his poor decision making. Even
after he was given opportunities to take a ride home, which he refused, he continued to make poor
decisions. While I certainly hope he is held accountable for his actions, that matter is for the Kitsap
County Sheriffs Office. I can say with certainty, that the Poulsbo Police Department treated Porter
no different than they would any other citizen.

Since the conclusion of this investigation, the public has asked questions or made statements
which I will address below:
Why are officers allowed to turn off the body camera whenever they want?
Under Poulsbo Police Department policy, during an investigation, officers can temporarily
deactivate the body camera when consulting with other officers about the investigation. This can
be important in times where information may not want to be shared. An example would be
information from a source that doesnt want their name used as part of the investigation or
discussing medical condition information that is private.
Certainly in this case, it would have been nice to have that video and audio to show what was
discussed and to provide additional transparency. It would also show how the investigation was
turned over to KCSO since it was clearly outside of the city limits of Poulsbo. However, Ofc. Corn
was clearly following department policy when she turned off the camera.
From our experience on this particular incident, we will be reviewing this policy and recommending
that the body worn cameras remain active during the entire interaction when the subject of the
investigation is another law enforcement officer or person of influence, such as an elected official, to
ensure additional transparency. Our policy for body worn cameras continues to develop and has been
changed multiple times as we learn from our experiences.
Why wasnt Porter arrested for DUI at the movie theater when you first contacted him?
As stated above, when Porter was contacted at the theater, he was in the vehicle; the vehicle was
parked legally in a parking stall; the vehicle was off; the keys were not in the ignition. A DUI
charge and a physical control charge require the government to prove different elements of the
crime. In a Washington State DUI case the government must prove you drove a vehicle. However,
to prove the crime of physical control the government must prove that you were in actual
physical control of a vehicle.
The term actual physical control is not defined by Washington statute. Examples of drivers
found to be in actual physical control include: a driver sitting in the drivers seat of a parked car
with the keys in the ignition; a driver seated in the drivers seat of a vehicle that had run out of gas;
and a driver seated in the drivers seat of a car in an intersection with the keys on the floor of the
vehicle. Im not aware of any examples that meet the situation the officer was faced with when she
encountered Porter.
It is past practice of the Poulsbo Police Department, when encountering persons safely off the
roadway, as Porter was, to offer them a ride and to not arrest. This practice applies to all persons.
In fact, officers involved in this incident had inquired approximately one month prior to our city
prosecutor for additional training materials on safely off the roadway. Officers wanted to ensure
they werent arresting persons who would never be charged. Legal materials were provided and
additional in-person follow-up training took place.
As a result of this incident, we will be meeting with legal counsel to determine if we should change
this practice or if there is an alternative when the occupant of the vehicle refuses a courtesy ride
home, much like Porter did.

You clearly gave this person preferential treatment because he was a fellow law
enforcement officer.
Actually that is not the case at all. As mentioned earlier in this document, Poulsbo Police officers
do not arrest persons for DUI that we consider not to be in physical control of the vehicle and the
vehicle is safely off of the roadway. This applies to all persons. A vehicle that is parked in a
parking lot with the keys not in the ignition would certainly not be charged as a DUI in Kitsap
County. Enhancements that would result in a DUI arrest by a Poulsbo Police Officer would be such
things as: the vehicle is running, the vehicle is in the actual roadway impeding traffic, the vehicle is
in gear, the vehicle has been involved in a collision, and the vehicle is on but not running because it
has run out of gas.
Since this incident we are reviewing in physical control cases with the municipal prosecutor. As
we continue to follow-up on this, we will be seeking access to all similar cases submitted to the
Kitsap County Prosecutors Office by all county law enforcement agencies to determine if there is
any history of such cases being charged.
And finally, the decision to arrest Porter at his residence was to be determined by an agency with
jurisdiction, that being either the sheriffs office or the Washington State Patrol. One of the
reasons that Poulsbo Police Ofc. Corn contacted KCSO was because we were in their jurisdiction, in
the unincorporated area of Kitsap County.
Based upon our experience from this incident, we will review whether adding language to our
department policy that spells out that safely off the roadway cases will not result in arrest, so that
its clear that this policy is for all motorists, not a specific person or group, even though past practice
shows this.
Shouldnt police officers be held to a higher standard than the average citizen?
Yes they should. And that was the case here as well. That higher standard should not mean a
lower legal threshold to arrest or a reduction in their civil rights. It means that the law
enforcement officer should be treated the same during the investigation as any other person
would. The Poulsbo Police Department conducted its investigation in that manner.
As part of the departments internal investigation of the officers conduct, the higher standard will
be invoked. Personnel action against an officer based upon his/her conduct can be severe, up to
and including termination. There are very few other professions where your off-duty conduct can
so severely impact your career. Porter should face a disciplinary process in which he would likely
be subjected to an unpaid suspension, demotion, or even termination resulting in thousands of
dollars or even the loss of his career.
I support this system. It is how we hold officers to a higher level of accountability than other citizens.
For more information contact Poulsbo Chief Al Townsend at atownsend@cityofpoulsbo.com
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