The Department of Public Safety has concluded that the officer who struck a fleeing bicyclist with his vehicle on July 21 committed departmental misconduct, according to internal documents obtained by the Emerald.
The report indicates that 25-year-old Michael John Bonertz, who resigned from the department on July 31, willfully chose to break numerous rules and regulations, and subjected the University and DPS to possible legal recourse.
“Officer Bonertz(‘s) probable cause for beginning the pursuit and actions reflects lack of awareness regarding not only policy but also the potential liability he subjected the department and University to in his actions,” the report states.
Bonertz could not be reached for comment; a call to his listed home phone number instead reached American Family Insurance.
The seven-page investigation is based mostly on a July 30 interview with Bonertz, conducted by Administrative Lt. Joan Saylor, and it details the early morning hours of July 21.
Bonertz said he was patrolling campus at 3:30 a.m. when he saw two men, Donald Tean Gariepy and Troy Emmanuel Torris, performing stunts on their bikes. For the next 20 to 30 minutes, DPS officers exchanged radio messages regarding the location and direction of the two men, and one officer noted that the subjects were playing “cat and mouse” with the officers.
Bonertz said he attempted to stop the men because he saw them “craning their necks” to look in windows while riding near Lawrence Hall. When Bonertz tried to stop the individuals, they gave him an “‘Oh crap’ look, like they had been caught doing something.” In retrospect, Bonertz speculated that was partly because they had been performing tricks on their bikes — a campus offense.
Bonertz said he drove on the sidewalk — possibly reaching speeds of up to 15 mph as he followed Gariepy at a distance of less than five feet — in order to “keep up with him.”
Bonertz said he then tried to “cut off” Gariepy but instead struck the man, throwing Gariepy off of his bicycle and into a nearby flower bed. Gariepy, 26, suffered abrasions on his cheek and a bloody nose.
Eugene Police Department officers responded to the accident, and in an EPD report, Bonertz said he was attempting to remove both bikers from campus. Bonertz also admitted in the EPD report to hitting Gariepy with his patrol vehicle when the bike crossed into his path.
The DPS investigation called into question Bonertz’s conduct directly following the incident. According to the report, Bonertz failed to notify “anybody” at the time of the incident. Bonertz said it was 5 a.m. by the time he finished his report and decided to wait for his supervisor to arrive. Bonertz said he didn’t think he had time to make a call, and added that he felt the task was dispatch’s responsibility.
According to the report, Bonertz violated DPS standards for immediately reporting accidents.
The report also stated that Bonertz drove his vehicle on the sidewalk during the pursuit, which is a violation of DPS rules. Bonertz admitted it was routine for him to drive on sidewalks, and he said he didn’t have remorse for pursuing Gariepy in the pedestrian area.
Bonertz said he felt what he did was safe because it was a “well-lit area” with wide sidewalks, and because he was only driving between 10 and 15 mph.
In a separate interview cited in the report, officer Jay Frances said DPS officers occasionally drive on sidewalks despite direct orders from DPS administrators to not do so.
DPS Interim Director Tom Hicks said DPS has a policy instructing officers to drive in a safe manner while on campus.
“We’re taking a look at that and seeing whether or not that should be clarified or not,” Hicks said.
Hicks added that some circumstances exist in which an officer could drive on the sidewalk, including situations in which construction blocks access to a scene or in the case of a medical emergency.
Bonertz said driving on the sidewalk was necessary “to keep up with” Gariepy. Bonertz added that he was worried about officer Joan Redlinger — who was on foot near the bikers — because she is a “small woman” and he feared for her safety.
According to the radio log, Redlinger didn’t make any requests for emergency assistance, nor did she give any transmission indicating she was in danger.
In the DPS report, Bonertz said he felt that Saylor took “EPD’s side based on what they said.” Bonertz also said EPD officers “threatened to arrest him for hitting Gariepy.”
In the report, Saylor concluded:
“Officer Bonertz … failed (to) follow department policy and directives, in spite of specific directions not to drive on the sidewalk. Officer Bonertz has violated the department’s standards of conduct and general order for immediately reporting accidents.
” … It is also of great concern that officer Bonertz does not view his actions unsafe in any fashion and feels fully justified in what he did.”
The investigation into Bonertz’s actions found that, while he committed no criminal wrongdoing, his misconduct warranted punishment “up to and including possibility of termination.”
Hicks said he could not confirm whether Bonertz would have been fired, citing the case as a personnel issue.
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