Discipline reduced for Baton Rouge police officer who lost temper in endangered child case

Oct. 18--The local civil service board reduced the discipline sentence handed down to a Baton Rouge police officer earlier this year for losing her temper during an incident involving an endangered child -- a call that tested the officer's ability to overcome her emotions and focus on her job.

Robin Ducote was suspended for 30 days for violating department policies when she responded to reports of a child left alone in a vehicle with two adults appeared passed out from drug use.

Ducote's body camera footage showed her considering whether to search the vehicle without probable cause and then lie about it in her report. But she didn't end up doing either of those things. The officer has acknowledged that she said something thoughtless because of the situation she was confronting.

She appealed her suspension before the Baton Rouge Municipal Fire and Police Civil Service Board, which oversees the discipline process for firefighters and police officers. The board voted 4 -- 1 during its meeting Thursday to reduce Ducote's suspension to six days, which is the recommended length for her offenses under department guidelines.

Board members spent hours hearing arguments from both sides before explaining their votes and sending a clear message to Baton Rouge Police Chief Murphy Paul: that the oversight process won't tolerate punishment for officers that the board considers too harsh.

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Ducote and other officers responded to the call in question last October. It came from the parking lot of a RaceTrac convenience store on Sherwood Forest Boulevard. Emergency Medical Services and fire crews arrived on the scene before police and started rendering aid to the two adults in the vehicle, who were unresponsive.

Ducote's body camera recorded her statements about disregarding the question of probable cause in her haste to search the vehicle without the owner's consent. Police must have probable cause before searching someone's property without their permission, but an exception to that requirement is if there are illegal objects in plain view.

"Let's search this truck," Ducote said on the video. "So if we find something we say it was in plain view. Who gives a s***. We're writing this report. ... At the end of the day, we win. So I don't care. We're the good guys. We will take care of that later."

Ducote also made several angry statements to the woman inside the vehicle once she had been revived but still appeared under the influence of drugs. She told the woman: "Neither of y'all are in a position to drive. Y'all are f****** up. I don't give a s*** where you're from. You're a mom, you know better."

During her appeal hearing Thursday morning Ducote told the board repeatedly that she became "really upset" about the situation, especially after hearing witnesses describe the child -- who was 4 years old and dressed in dirty clothes and unkempt hair with tears streaming down her face -- hysterically beating on her mother's chest in an effort to wake the woman up.

"If I could take it back, I would definitely not have said those things," she said. "I don't have any children but children are my weakness. And I took this job to help those who can't help themselves and protect those who cannot protect themselves."

Ducote later called the state Department of Child and Family Services and the child was placed in a foster home. Officers did ultimately search the vehicle but only after getting permission from its driver. But no drugs were found and no one was arrested.

Board members questioned why the parents weren't placed under arrest for child endangerment, which would have given officers probable cause to search the vehicle. Ducote said in hindsight that's exactly how she would have handled the situation -- but at the time she didn't consider the option and no other officers on scene suggested it.

Ducote was suspended for having violated the department's policies addressing command of temper and conduct unbecoming an officer, according to her discipline letter from Paul. The internal investigation into her behavior was launched after a Juvenile Court judge emailed the department's legal counsel in March to raise concerns about her body cam footage, according to statements during the hearing.

"I was acting out of emotion," she told the board. "I think a lot of people fail to realize that behind this badge, we're people too. Sometimes we let our emotions ... run away with us. And even though we try to compose ourselves and be as professional as we can, at times you see things nobody should ever have to see and it really takes a toll on you -- and I'm guilty of that."

Paul noted that internal affairs investigators found no prior complaints or issues with Ducote's behavior over her prior four years of service with the department.

She received a Certificate of Commendation from the chief during the annual department awards ceremony in May, when she was apparently still under investigation -- a point her attorney raised multiple times during the hearing. The award was for the skill she showed while deescalating a situation involving an emotionally disturbed person threatening suicide.

However, Paul said during the hearing that a clean record doesn't mean you get a free pass on future mistakes. He said his discipline decision was based largely on the potential impacts for "the brand of the Baton Rouge Police Department" that could result from Ducote's actions.

"We have an officer who communicated on video tape that she was going to break the law," Paul told the board. "Sometimes good people make bad decisions. ... But even though she's learned from that, we still have to hold her accountable."

Board members voiced their agreement that Ducote should face consequences. But they said the 30 day suspension was too harsh, especially considering that Ducote was placed on restricted duty for about three months while under investigation, which means significant losses in extra duty pay. The board pointed instead to the department's discipline guidelines that suggest suspending an officer for six days in response to the violations Ducote committed.

The board's decision to reduce her discipline is somewhat unusual considering its history of upholding existing sentences more often than not. Records reveal that discipline has been upheld in more than 60 percent of appeals over the past 15 years.

"I think that the punishment is overkill," board member Fran Bussie said before the vote. "I think that if the public had seen an unkempt child with parents who are ... completely passed out, (they) would understand the emotional environment of this situation."

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