(Dec. 8, 2016) It took less than an hour last Thursday for a Worcester County Circuit Court jury to convict former Pocomoke City Police Chief Kelvin Sewell of misconduct in office. He was sentenced to three years of supervised probation and ordered to pay $1,000 fine and court costs. A three-year jail sentence was suspended.
Maryland State Prosecutor Emmet Davitt requested a six-month jail term during sentencing, while the attorney for the defense, Barry Coburn, argued successfully that imposing jail time on a 30-plus year police officer with no prior criminal record for what amounted to a traffic case would be excessive.
The predominantly white jury of eight men and four women agreed with the prosecution’s argument that Sewell, a former Baltimore City homicide detective, and another Pocomoke officer instructed others to write up an alleged hit-and-run incident as a simple accident as a favor for a friend.
The facts of the incident were never disputed. Close to midnight on Nov. 21, 2014 Doug Matthews, a guard at Eastern Correctional Institute at the time, was returning home from the Masonic Lodge in Pocomoke City. As he was making the drive, which was only a matter of blocks, his car struck two others but he continued to his residence, about another three blocks, before the car stopped functioning.
The owners of the damaged cars, alerted by a neighbor’s phone call, discovered what Matthews did as he exited the car — the right front wheel, and part of the axle had been torn from the vehicle by the impact, and was laying in the street where the collision occurred.
Gail Conrad, wife and grandmother to the damaged car owners, said the damage to the vehicles was estimated between $18,000-$20,000.
Elsewhere in Pocomoke, officers Tonya Barnes and Damien McGlotten were clearing a noise complaint when the 911 call came in.
In 2014, Sewell, as part of his management strategy, divided the town into two sectors, north and south. Barnes and McGlotten were assigned to different sectors, and Barnes was the lead officer on the noise complaint.
Matthews’ accident was in Barnes’ sector, McGlotten testified, but she hadn’t yet cleared the noise complaint, and thus McGlotten was assigned by dispatch.
Matthews told the court that once he exited his damaged vehicle he was shocked by what he found. He said he called Pocomoke City Police Lt. Lynell Green, whom he knew through the Masonic Lodge.
Sewell testified he had worked his normal 8 a.m. to 4 p.m. shift that day, but because of the holiday season and some reports that illicit drug sales were taking place at the Wal-Mart parking lot at night, had decided to stake out the lot that evening in plain clothes.
When Green received the call from Matthews, he called Sewell. Sewell and Green called each other several times before either was present at the scene of the accident, or at Matthews’ home.
A short time later, McGlotten was notified via radio that Matthews, and his damaged vehicle, had been located.
Sewell testified because of the phone calls from Green and radio chatter he was hearing related to the incident, he left the parking lot to handle the matter personally.
Sewell said he first went to the site of the crash, and finding no one injured, left for Matthews’ house.
According to testimony, when the chief arrived, Green, McGlotten, Barnes and another officer were already present. That officer, who located the vehicle, had already broadcast on the police radio that alcohol was not a factor, and that Matthews didn’t call 911 because he was scared.
Both Barnes and McGlotten testified that the presence of Green and Sewell was unusual for this type of incident. McGlotten said it appeared to him to be a routine call, something he would see about once per week.
This is where the stories begin to diverge.
Barnes said when the chief arrived he asked several times who the investigating officer was. Even though she had done no investigating at that point, Barnes, citing the sector assignments, said it was she.
McGlotten said much the same thing on the stand, though he described giving the chief a rundown of the work he’d already put into examining the case. However, during cross-examination, it was revealed this account differed somewhat from his previous account of the evening, given to state investigators — not representatives for the defense — which said Barnes had volunteered to be responsible for the call.
Sewell’s testimony agreed with the account delivered by McGlotten to the prosecution’s investigators.
Barnes testified she attempted to continue the investigation at the second scene by interviewing Matthews directly, but said Sewell interfered in that process.
At this point, McGlotten’s shift was over, he was released from further duty by the other officers and left.
Barnes said she entered the Matthews’ residence and found Sewell inside. She said she asked Matthews if he had been drinking, to which Sewell responded he hadn’t. Barnes said Matthews repeated what Sewell had said. Barnes said she asked Matthews why he hadn’t reported the call to 911. She said Sewell answered for Matthews a second time, and then Matthews repeated what he said again.
Sewell said he had talked to Matthews, discovered no odor of alcohol on his breath, his clothing wasn’t disheveled and made the determination alcohol or other intoxicants weren’t a factor in the crash.
Sewell also said the scene inside the Matthews’ home never happened.
Matthews was not questioned by either party about what had happened in his home. He testified he fell asleep at the wheel, and was as shocked as anyone when he exited the vehicle to find the wheel missing, after making two turns to complete his journey home.
Barnes said the chief told her to write up the incident as an accident, not a hit and run, because the damaged vehicles were unoccupied at the time of the crash, no one was injured and Matthews reported the crash to the police — Lt. Green.
Barnes, an officer with seven years experience in Baltimore City but still a new hire on probation in Pocomoke City, said she felt compelled to write the report that way though it was against her better judgment. She testified she felt she was obeying an order from her supervisor in writing the report in that fashion.
Barnes continued her service in the Pocomoke City Police Department for another year before leaving. She is currently an officer at Morgan State University in Baltimore.
Barnes’ report was approved by Lt. Green.
Matthews was not charged with any crimes, nor was he issued a ticket related to the incident.
Conrad said her family was reimbursed by her insurance company for the damage to the vehicles, and was told her insurance would “go after” Matthews’ insurance, but they still suffered some out-of-pocket expenses.
Sewell was charged with misconduct in office, and conspiracy to conduct misconduct in office with Green. The trial for Green, who faces the same charges, has been scheduled for Dec. 19.
Sewell, Green and another former Pocomoke City Police Officer are currently suing the town, state, county and others for Title VII violations of the Civil Rights Act of 1964, to which the U.S. Department of Justice has successfully joined. This case was not mentioned during the proceedings.
Maryland State Prosecutor Emmet Davitt requested a six-month jail term during sentencing, while the attorney for the defense, Barry Coburn, argued successfully that imposing jail time on a 30-plus year police officer with no prior criminal record for what amounted to a traffic case would be excessive.
The predominantly white jury of eight men and four women agreed with the prosecution’s argument that Sewell, a former Baltimore City homicide detective, and another Pocomoke officer instructed others to write up an alleged hit-and-run incident as a simple accident as a favor for a friend.
The facts of the incident were never disputed. Close to midnight on Nov. 21, 2014 Doug Matthews, a guard at Eastern Correctional Institute at the time, was returning home from the Masonic Lodge in Pocomoke City. As he was making the drive, which was only a matter of blocks, his car struck two others but he continued to his residence, about another three blocks, before the car stopped functioning.
The owners of the damaged cars, alerted by a neighbor’s phone call, discovered what Matthews did as he exited the car — the right front wheel, and part of the axle had been torn from the vehicle by the impact, and was laying in the street where the collision occurred.
Gail Conrad, wife and grandmother to the damaged car owners, said the damage to the vehicles was estimated between $18,000-$20,000.
Elsewhere in Pocomoke, officers Tonya Barnes and Damien McGlotten were clearing a noise complaint when the 911 call came in.
In 2014, Sewell, as part of his management strategy, divided the town into two sectors, north and south. Barnes and McGlotten were assigned to different sectors, and Barnes was the lead officer on the noise complaint.
Matthews’ accident was in Barnes’ sector, McGlotten testified, but she hadn’t yet cleared the noise complaint, and thus McGlotten was assigned by dispatch.
Matthews told the court that once he exited his damaged vehicle he was shocked by what he found. He said he called Pocomoke City Police Lt. Lynell Green, whom he knew through the Masonic Lodge.
Sewell testified he had worked his normal 8 a.m. to 4 p.m. shift that day, but because of the holiday season and some reports that illicit drug sales were taking place at the Wal-Mart parking lot at night, had decided to stake out the lot that evening in plain clothes.
When Green received the call from Matthews, he called Sewell. Sewell and Green called each other several times before either was present at the scene of the accident, or at Matthews’ home.
A short time later, McGlotten was notified via radio that Matthews, and his damaged vehicle, had been located.
Sewell testified because of the phone calls from Green and radio chatter he was hearing related to the incident, he left the parking lot to handle the matter personally.
Sewell said he first went to the site of the crash, and finding no one injured, left for Matthews’ house.
According to testimony, when the chief arrived, Green, McGlotten, Barnes and another officer were already present. That officer, who located the vehicle, had already broadcast on the police radio that alcohol was not a factor, and that Matthews didn’t call 911 because he was scared.
Both Barnes and McGlotten testified that the presence of Green and Sewell was unusual for this type of incident. McGlotten said it appeared to him to be a routine call, something he would see about once per week.
This is where the stories begin to diverge.
Barnes said when the chief arrived he asked several times who the investigating officer was. Even though she had done no investigating at that point, Barnes, citing the sector assignments, said it was she.
McGlotten said much the same thing on the stand, though he described giving the chief a rundown of the work he’d already put into examining the case. However, during cross-examination, it was revealed this account differed somewhat from his previous account of the evening, given to state investigators — not representatives for the defense — which said Barnes had volunteered to be responsible for the call.
Sewell’s testimony agreed with the account delivered by McGlotten to the prosecution’s investigators.
Barnes testified she attempted to continue the investigation at the second scene by interviewing Matthews directly, but said Sewell interfered in that process.
At this point, McGlotten’s shift was over, he was released from further duty by the other officers and left.
Barnes said she entered the Matthews’ residence and found Sewell inside. She said she asked Matthews if he had been drinking, to which Sewell responded he hadn’t. Barnes said Matthews repeated what Sewell had said. Barnes said she asked Matthews why he hadn’t reported the call to 911. She said Sewell answered for Matthews a second time, and then Matthews repeated what he said again.
Sewell said he had talked to Matthews, discovered no odor of alcohol on his breath, his clothing wasn’t disheveled and made the determination alcohol or other intoxicants weren’t a factor in the crash.
Sewell also said the scene inside the Matthews’ home never happened.
Matthews was not questioned by either party about what had happened in his home. He testified he fell asleep at the wheel, and was as shocked as anyone when he exited the vehicle to find the wheel missing, after making two turns to complete his journey home.
Barnes said the chief told her to write up the incident as an accident, not a hit and run, because the damaged vehicles were unoccupied at the time of the crash, no one was injured and Matthews reported the crash to the police — Lt. Green.
Barnes, an officer with seven years experience in Baltimore City but still a new hire on probation in Pocomoke City, said she felt compelled to write the report that way though it was against her better judgment. She testified she felt she was obeying an order from her supervisor in writing the report in that fashion.
Barnes continued her service in the Pocomoke City Police Department for another year before leaving. She is currently an officer at Morgan State University in Baltimore.
Barnes’ report was approved by Lt. Green.
Matthews was not charged with any crimes, nor was he issued a ticket related to the incident.
Conrad said her family was reimbursed by her insurance company for the damage to the vehicles, and was told her insurance would “go after” Matthews’ insurance, but they still suffered some out-of-pocket expenses.
Sewell was charged with misconduct in office, and conspiracy to conduct misconduct in office with Green. The trial for Green, who faces the same charges, has been scheduled for Dec. 19.
Sewell, Green and another former Pocomoke City Police Officer are currently suing the town, state, county and others for Title VII violations of the Civil Rights Act of 1964, to which the U.S. Department of Justice has successfully joined. This case was not mentioned during the proceedings.