For months a handful of law enforcement officers in Lake County have been denying allegations of misconduct. Now they’ll be defending themselves in court.
Five current and former officers in the Lake County Sheriff’s Department filed a lawsuit in federal court today (PDF) alleging that four of their colleagues, including the sheriff and undersheriff, retaliated against them for bringing forward evidence of wrongdoing within the department, ranging from a deputy’s lies about serving as a U.S. Marine to several officers’ involvement in a poaching group known as the “Coyote Club.”
The plaintiffs—Detective Mike Gehl, Detective Steve Kendley, former Deputy Terry Leonard, Deputy Levi Read and Deputy Ben Woods—have been “reprimanded in their employment, have suffered demotions, have been denied promotions, and have been subjected to a hostile work environment by the leadership of the Lake County Sheriff’s Department because of the exercise of their First Amendment constitutional rights as well as the exercise of their duty as Montana Peace Officers,” the lawsuit states.
The plaintiffs claim that the defendants—Sheriff Jay Doyle, Undersheriff Dan Yonkin, and officers Mike Sargeant and Dan Duryee—“have formed and continue to operate an organization of officers the purpose of which is to engage in illegal activities and the covering up of such illegal activities by retaliation against officers who ‘don’t go along’ with this group.”
“These gentlemen did not want to file this suit,” says the plaintiffs’ attorney, Rich Buley, of Missoula. “However, because of the total inaction of Lake County officials, as well as state officials, including the attorney general’s office, they had no option.”
The lawsuit further alleges that the defendants, “acting in concert and with criminal purpose,” violated the federal Racketeer Influenced and Corrupt Organizations Act, or RICO, by attempting to prevent plaintiffs from providing evidence of the “unlawful killing, poaching and interstate transportation of illegally taken game.”
As the Independent reported in December, Montana Fish, Wildlife and Parks in September 2010 began investigating the so-called Coyote Club, a circle of Lake County law enforcement officers who’d allegedly been poaching game animals for years. The investigation, which is ongoing, has centered on former reserve deputy Jesse Jacobs and Jason Nash, an officer with the Confederated Salish and Kootenai Tribes, but the dozens of interviews conducted by Game Warden Frank Bowen also implicate the defendants, specifically Sargeant and Duryee.
The lawsuit goes on to claim that defendants Doyle and Yonkin violated Leonard’s civil rights when they searched his home and confiscated his computer in September 2010. Earlier that year, with the sheriff’s election upcoming, Leonard had created two websites to disseminate information about the alleged misconduct in the sheriff’s department. Suspected of having committed the misdemeanor crimes of “election materials not to be anonymous, and criminal defamation,” his home was searched. The lawsuit claims Yonkin downloaded the data on Leonard’s computer even though the search warrant didn’t allow for searching the computers themselves. Leonard’s property wasn’t returned to him until February 2011. No charges were filed against him.
Leonard told the Independent late last year that the Lake County Sheriff’s Department “had no intention of seeing justice done or even conducting a proper investigation with due diligence. It was simply a strong-arm tactic to send a message of fear and intimidation... Basically, ‘Don’t question what we are doing here in Lake County. Don’t bring attention to us. Don’t point out the corruption—or we will come to your home, search it and seize your property.’”
In the lawsuit, Gehl, Kendley, Read, and Woods all claim to have been reprimanded for attempting to expose misconduct in the department. Kendley reported that Duryee had altered a rifle registered to the Lake County Sheriff’s Department to make it a machine gun, a violation of federal law. Read complained that Duryee fabricated his tales of Gulf War combat. (That purported experience earned Duryee command of Lake County’s Special Response Team. He later admitted to lying about his military service.) The plaintiffs all made complaints about Doyle, Sargeant and Duryee’s belonging to the Coyote Club, and about officers stealing ammunition that had been donated to the department.
Gehl, Read and Woods were suspended without pay. Gehl and Kendley were also demoted, punishment, they claim, for taking their complaints to Montana Attorney General Steve Bullock in January 2011. The demotions, the suit states, came as a “direct result of their exercise of their constitutional rights of free speech.” Sheriff Doyle has denied that the demotions resulted from meeting with Bullock.
Doyle didn’t immediately return a call seeking comment. “Everything they are alleging has already been investigated—fully,” he said of the allegations late last year.
“These aren’t the only actions of wrongdoing or breaking of laws that we intend to present at trial,” Buley says. “There’s much more.”
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To think Kendley Ran for sheriff and lost and these are his campaign people and now after all the crap they are going to file a lawsuit? Go figure!
Oh, "Stop the BS," if only you knew what you were talking about.
Sometimes when the proper authorities will not even investigate their own officers, the good men of the organization have to come forward and take the heat to ensure that wrongs are righted and that their fellow officers are not above the law. Thanks to these brave men for coming forward and putting their careers on the line to bring honesty and integrity back to the Lake County law enforcement scene. Lord knows we need honest law men in these troubled times.
What is really wrong here, is that outside investigations have not been demanded by top law enforcement officials. The Polson Police Department even sent their chief and the city attorney (as outlined in the last Independent article) to tell the POST Council NOT to investigate their officers. A good police chief (hopefully Wade is reading this) would demand a thorough and concise investigation in order to clear his department and restore public trust. I really hope that the new chief in Polson will make sure to take actions to clear the department's name.
I think I do know what I am talking about,see how the anger comes out of you guys. Also how great of you men to cost the tax payees more money! Like tax payees aren't already paying your wages! For what causing hate and discontent in the departments!
If you wish to look at the History of any Sheriff or Deputy who can be considered an Honest and good one, you will find that they get exactly what these guys ran into. They are fired, set up, or they commit suicide.
When you have the "crooks" investigating the "crooks", the POST trains them, and Steve Bullock sends the "whistleblowers" to jail, you can start looking for "Toto" cause you have settled into the Montana Gulag.
Just google, Lake County Corruption, "Hamilton MT Corruption", Steve Bullock, George Corn, "Supercop", and get with what the rest of the world knows about you.
The Crooks have the backing of the White House and your favorite "Max Baucus" so dont hold your breath about any of the Courts delivering you from the clutches of your historical shackles of ignorance. It's in your blood.
Wow? Five men are willing to subject themselves to this type of exposure - show us their faces and say to us, "This is wrong!" I hope and pray that the people in their community back them up and demand to know the whole truth! There is strength in numbers so join them in the call for unyeilding investigations, untainted pursuit of justice, and a correction of course that may be needed when all is known. The coyote club may be trapped.
@ Al Dente...how can someone is a part of it (coyote club) investigate wrong doing...is Wade supposed to investigate himself?? LOL!!
Edmund Burke said that all that was necessary for evil to triumph is for good men to do nothing. It's heartening to see that there are good men in Lake County and in Law Enforcement. When Law Enforcement officers and officials place themselves above the law, we all lose as individuals and as a society. All cops bear the burden of the disgrace caused by a few, and the job becomes that much more difficult. God Bless these men for the path they are taking. They tried to do it the right way - by taking it to the people who could have done the job, if they had chose to do so - but in the end, they stand alone, but it seems to me that they stand for the principles to which they have dedicated their lives.
Just one point and error in judgment is enough to bring all of the named defendants' character into question! Good solders and I mean that in the highest sense of the word, that have with great honor and selfless bravery bled and died on the battlefields! Then we have this loser of a deputy who casts himself in the same light as our "Real Heroes" with his lies that spanned over years I've heard and built an illegal gun and this guy is still in the dept. I don't have to tell you what I think of the Sheriff that keeps him in his employ or other deputies who remain associated with him. I'd rather fix fence!
Sheriff Doyle,
Just a couple questions: How do you resolve poaching allegations and manufacture of an illegal weapon among other illegal activity within the Union grievance protocols? I've been involved in unions most of my working life and I have never seen activities like these brought before a grievance committee. Wasn't your campaign manager the head of the Union that you referenced in your comments yesterday? I understand why you would want this to be settled there!!! Good Luck Bud.