Home video used in claims of harrassmant by Gallatin police

Last Thursday (Dec. 4) KMBC-TV9 news from Kansas City featured Gallatin resident Sharron Wayne during their 10 p.m. news show. Mrs. Wayne accused the Gallatin police department of harassment.

Mrs. Wayne delivered video to the television station, showing a Gallatin police vehicle patrolling past the Wayne residence at 206 East Mill Street. The video broadcast by TV9 showed what appears to be the city’s DARE patrol vehicle driving by, and then again driving by while spotlighting the Wayne house between 3 and 4 a.m. Mrs. Wayne said the police vehicle drove by her home 15 times in an hour, and accuses city policemen of repeatedly patrolling past their home on many occasions with an intent to harass, and offered the video as proof.

Mrs. Wayne was the only person featured on the TV9 telecast. She said that harassment against her family began after numerous felony charges were filed against former city police officer Mike Bailey for sexual misconduct, statutory rape and sodomy. Both City Administrator Toby Dougherty and Police Chief Jim Wycoff were given an opportunity to respond for the TV news segment. Both declined since they were unprepared to issue a statement for the broadcast while the Bailey litigation is pending.

According to the Police Chief during an interview at this newspaper on Monday, the video given to TV9 by Sharron Wayne was taped on Oct. 22. Detective Loren Funke noticed a car with a temporary license (a 30-day paper “driveaway” permit taped in the rear window) driving slowly past Casey’s General Store in Gallatin while he was on duty at about 3:15 a.m. A flashing red light from inside the car attracted his attention, the type of light indicating use of a video camera.

Officer Funke later noticed the same car parked in the driveway of the Wayne residence, the flashing red light still evident. Chief Wycoff says Officer Funke drove by the Wayne residence an unusual number of times because he was not familiar with the car parked in the driveway.

“His first drive by was at 3:44 a.m. according to their video, and he entered his observation into his activity log,” Chief Wycoff says. “He kept driving past the driveway because he considered the circumstance suspicious. At that point he should have just stopped and approached whomever was in the vehicle. Contrary to what others say, he did not do so.

“When I questioned him about this decision, Detective Funke said he was aware of the animosity the Waynes hold against the city police department, and that he didn’t want a confrontation with the Waynes or to create any incident unless it was necessary to do so.”

The TV show did not report on a court summons filed on the same day of the telecast, Thursday, Dec. 4, in the Municipal Division of Daviess County Circuit Court. The case filed by the City of Gallatin alleges that James L. Wayne and Sharron M. Wayne falsely reported that Gallatin Police Detective Loren Funke was performing his duties as a police officer while in an intoxicated condition.

This case resulted from a 911 call made by Mrs. Wayne accusing Detective Funke of making a traffic stop while he was intoxicated (staggering, slurred speech) on Nov. 20. According to Chief Wycoff, the accusation was made on a traffic stop that was never made.

Upon notice about the 911 call, Gallatin Police Sgt. Mark Richards was directed to approach Officer Funke immediately to ascertain the circumstances. When Sgt. Richards determined that Funke seemed sober, he advised Officer Funke about the complaint and administered a breath test using the portable tester available in the patrol car. This portable unit establishes probable cause but cannot be used as evidence in court proceedings. Results from this test were negative.

Then, Sgt. Richards and Officer Funke went to the Daviess County courthouse to meet with Cpl. Sherman of the Missouri State Highway Patrol who administered another breath analysis test on Officer Funke using the Data Master instrument. Witnessing the test were Mayor John Thomas, Administrator Toby Dougherty and Chief Wycoff. Again, test results which would indicate intoxication were negative. Results from this test are admissible in court.

The court hearing on the city’s case against James L. and Sharron M. Wayne for allegedly making a false report is slated for 10 a.m. Feb. 9, 2004, in the Municipal Division of the Circuit Court of Daviess County. The case will be prosecuted by City Attorney William S. Lewis before Judge Daren Adkins.

Chief Wycoff says the decision to prosecute the false report filing follows other incidents where aggravating circumstances were ignored by city officers or where warnings were issued.

The police chief objects to accusations that police harassment is in reaction to the Bailey case. He says the allegations sending former Officer Baily to court next spring are as repugnant to him and to fellow police officers as they are to anyone.

Chief Wycoff says animosity that the Waynes hold against the city police department may also be fueled by discontent concerning the Teen Beat program. Unlike the DARE program, Teen Beat is not within the official scope of the City of Gallatin. A transition between members originating the group and new members wanting to take the organization into other directions has not gone smoothly.

When questioned by this newspaper, Daviess County Sheriff Kevin Heldenbrand confirmed that an outside law enforcement agency is currently investigating the finances of the Gallatin Police Department. The investigation includes anything involving the city police, such as the DARE program, funds for the city dog pound, Teen Beat, and other revenue and expenditures. The sheriff offers no additional comment at this time, pending the results of this independent investigation.

An opportunity to comment on this news article was provided to the Waynes prior to its publication.