A Harford County Sheriff’s Office deputy recklessly endangered the life of a suspect attempting to flee the scene of an accident with the officer by firing his service weapon at the man, court documents allege.
Deputy First Class Christopher M. Behles, 37, was charged Monday with a single count of reckless endangerment, a misdemeanor, in connection with the April 8 incident.
According to documents filed in Harford County District Court, Cassilly alleged that Behles recklessly endangered the life of William R. Harvey V of Jarrettsville by firing his weapon at Harvey’s vehicle as it attempted to leave the scene of an accident with Behles, who was off-duty at the time.
Behles pursued Harvey into northern Baltimore County until Harvey crashed his vehicle and fled on foot. According to police, Behles took Harvey into custody as backup units arrived.
The documents shed additional light on the charge against Behles by specifying the individual whom Behles allegedly endangered. However, the filing stops short of detailing the exact manner in which Behles behaved recklessly.
Under state law, a law enforcement officer or security guard acting in performance of official duties may be legally able to discharge a weapon from a vehicle, but are still subject to the more general statute prohibiting “conduct that creates a substantial risk of death or serious injury to another.” If found guilty, Behles faces a maximum of five years in jail and/or a $5,000 fine.
Sheriff’s Office spokesman Edward Hopkins said the county’s Law Department “will not” represent deputies in criminal offenses, and that Behles would have to obtain private counsel.
Cassilly’s charge comes after a review of the incident by the Harford County Sheriff’s Office Criminal Investigation Division, standard practice in cases in which an officer employs deadly force. Those findings are forwarded to Cassilly’s office for review. Hopkins said the agency’s review does not constitute an internal investigation, and Behles has not been the subject of such an investigation since the April 8 incident. A hearing has been set for July 2 at 8:30 a.m. in District Court.
Last year, Cassilly declined to charge a two Edgewood homeowners after an individual entered their home and was accidentally asphyxiated as they attempted to restrain him.
Though eventually ruled a homicide, and involving a private home rather than a public area, Cassilly told The Dagger that the homeowner was in sufficient fear for their life that violent action would have been warranted in that case.
“The deceased came into someone’s house, basically broke in, and made comments that frightened her to the point that she had to leave her home,” Cassilly said.
“Frankly, my position would have been, had he come in and made comments like he did, she could have pulled a gun and shot him, and I’d have been fine with that,” he said.
The complaint against Behles filed in Harford County District Court follows:
Where is the charging document? Seems a little fishy that it has not been made available to the Dagger or other news outlets.
Marc, sounds fishy to me also. What is with Cassilly and this decision? Is he campaigning for Gahler? It sounds to me like he wants to embarass the HCSO. The police officer seemed to be doing his job. All the offender had to do was stop.
so why hasn’t the HCSO come out with a statement?
@jedgar,
If Cassilly wanted to campaign for Mr. Gahler he could just endorse him. I would be willing to bet it is more likely that the initial reports from the Sheriff about this incident were less than truthful and he is now hiding in his office worried that someone will catch him in another lie.
Are you suggesting that the HCSO has now found out where the bullets hit the vehicle and this evidence does not support their initial reports? Who would be hiding in his office… the Sheriff?
Nothing was “made available” or given to us; we had to go to the courthouse and obtain the documents, the same as any member of the public.
I’ve published all the relevant pages here: http://www.daggerpress.com/2013/05/03/baltimore-firm-to-represent-harford-county-sheriffs-deputy-charged-with-reckless-endangerment/
But as far as narrative or details, there simply isn’t anything in the court file beyond what’s published above.
My question is why do they mention about the homeowner who took action in their house? That has nothing to do with a vehicle and everyone knows that a person can protect their home. My question would be…..was the car trying to get out of the way, instead of hitting the officer. An unmarked car, plain cloths and someone waving a badge around. My first thought would be to call 911 and make sure a uniform officer shows up. Anyone can buy a badge on line and there are ex police cars that drive around the county ALL THE TIME.
Lets not rag too hard on the surplus police cars. Sometimes people just want a chance to ride in the front of an Interceptor instead of that cramped back seat…
Are you speaking from experience?
How do you endanger someone that just tried to kill you? Harvey was drunk, more then 2x the legal limit….Behles was trying to stop a man from taking the lives of countless number of people in his path. No one was hurt…NO HARM DONE! I sure hope that Cassilly doesn’t need the assistance of a Harford County Deputy….cause I guarantee he wont get it!!! They may be afraid of getting charged with a crime for doing their job. Cassilly should be thanking Deputy Behles for taking a criminal off the street when he was OFF-DUTY.
This is just a political move when Cassilly goes for judge next year, at the expense of someone’s life…….God help us if he makes the bench.
Cassilly didn’t make the final cut for judge so I guess he’s taking out his anger on whoever he can.
@BBC
Don’t be so quick to exclusively lay this at Casilly’s feet. I am no fan of Casilly, but he had to be provided with enough evidence to sustain such a charge. That evidence came from the HCSO. The Sheriff and his PIO cronies have yet to comment on any details of the evidence provided. We need a statement from the Sheriff and I don’t mean tomorrow. Does he support this charge or not? Lets hear from you Sheriff. I want to hear you say that you have reviewed the evidence supplied to the States Attorney, and there was absolutely nothing contained in any of that evidence which justifies the charges placed against Deputy Behles. And don’t send one of your PIOs to speak for you. We want to hear from you.
Bear, you are welcome to your interpretation, but I think it is clear that it should be on Cassilly’s shoulders to explain.
Agree. Cassilly should explain his decision, but the basis for the charge came from the HCSO.
Considering that the criminal investigation determined that it was a good shoot and cleared DFC Behles this makes no sense and there are a lot of very pissed off people in the HCSO right now. From the top on down.
In addition, if the use of force was justified, then how can charges possibly be supported. If the use of force wasn’t justified then why is the only charge reckless endangerment and not 1st & 2nd assault as well? This stinks more than my boots do after working a double.
Then it is time for the Sheriff to step forward and make a statement. Since the investigation cleared him, what kind of man would let his officer just hang out there like this? Incredible!
so was it proven, in a court of law, that the OFF-DUTY deputy was trying to be killed. We only have the word of two people and that is what a court of law is used for. So now you are saying that you hope he doesn’t need the help of a deputy. Geeeeee so glad you can see into the future and think all the deputies will not help him. So like what the friend of a friend was saying…..a badge can be bought on the internet and there are ex police cars riding around the county. I for one, would not take the word of someone jumping out of the car and yelling at me. Even if they said they were the Police. You also say, NO HARM DONE…..a weapon was fired in public and could have hit and innocent taxpayer of the county. Everything has to be politics when police are charged. Yeah OK
So what would you be saying if the deputy had taken the easy way out and not stopped and the guy left the scene and killed some innocent taxpayer’s family driving under the influence? Of course if you were driving under the influence you would have tried to leave the scene whether the deputy was uniformed or not. You obviously have no clue how dangerous it is to be in law enforcement. Every single time they approach a situation there is a potential threat to their lives. Please don’t second guess a member of law enforcement’s actions unless you have all of the evidence or have walked a mile in their shoes.
do ya think i have not walked in those shoes. There are no routine stops, but he was OFF-DUTY. Do ya think he could have handled the situation different. Have badge will intimidate.
I find it hard to believe you would be acting as judge and jury if you had walked in those shoes. Being in law enforcement doesn’t mean they don’t have off duty time, but you can hardly compare it to the 7-11 cashier being off duty. Would I have done something different? I’m not an officer and I wasn’t there, so I can’t say if I would have or not. What I do know is I will always stand behind law enforcement until they are proven guilty. I think by nature of who they are people should give them the respect they deserve, until its proven they don’t deserve it.
Hope your not referring to Harvey as an “innocent” taxpayer. The only innocent taxpayer is the PO trying to get a drunk driver off the street!!
so hmmmmmmmm, are you saying it is okay to run into someone, not give them information about insurance, etc, and then run away? Would you do that?
alleged that he tried to run him over. Where the heck did the insurance comment come from? You are a mind reader now? If a uniformed officer asked for the information. BUT not someone jumping out of a unmarked car and showing me a badge. I’d have had the same reaction to getting out of the area and calling 911.
My understanding is that witnesses said the driver tried to run over and dragged the deputy
No mind reader has nothing to do with it. Get the facts! He was pulled over the week prior for driving without a license, registration, and insurance. Its all public record! You would call 911 if you were intoxicated after hitting a police car? I think not!
hmmmmmmmm. I don’t think he called 911. So, how does that fit your theory.
I usually like and appreciate Dagger articles. I especially appreciate Cindy Mumby and her thoroughness. But, this article is poorly written and confusing. It answers very little.
I don’t find this article to be poorly written, but I would agree with you, not a lot of information in the article to answer the many questions that naturally arise about this incident. The HCSO should supply to the Dagger and the Aegis all the information that they supplied to the States Attorney. Then we would have a clearer understanding of what really happened on the day of the incident. Come on HCSO, give us the whole story.
Bear, any time a journalist doesn’t communicate, it is not well written. Without getting into a journalism grading system, this article tells little and is not much more than a bunch of statements with little connection. It looks a bit hurried.
You can only report what you know unless you are one of the media outlets that just makes stuff up. Unfortunately the HCSO and States Attorney have not provided much information.
When I read the initial reports of this incident there were several questions in my mind. The Sheriff’s Office statement provided by Mr. Hopkins said that the HCSO did not know how many shots were fired, and they did not know if anything was hit by those shots. This seemed strange to me since their report also stated that the Deputy was in very close proximity to the vehicle and in fear of his life. I would think the Sheriff’s Office has very specific policies in place to determine how many shots were fired and if they hit anything. If those policies are not in place, they certainly should be.
The charges against this man are reported to be a result of the evidence provided by the Sheriff’s Office to the States Attorney. If the evidence provided by the HCSO would not support such charges why would the States Attorney pursue such reckless behavior? I for one want to believe that the Deputy acted appropriately, but if the evidence indicates otherwise, then he deserves his day in court like any other person. Being a police officer is a very challenging, stressful, and under appreciated job, but there are rules to follow, even for the police.
gotta love when police think a badge and gun allows them to act like we are in the wild wild west.
So easy for you to pass judgement when you are not the one out there putting your life on the line everyday.
Outraged, yes, I agree. A police officer doesn’t have all day to make a decision either. We Monday morning quarterbacks can discuss ad nauseum whether he was right to shoot or not, unfortunately, he doesn’t have that luxury. I support what he did, and I think most reasonable people would, unless they are lawbreaker sympathizers. When someone runs from the police, they may have committed other serious crimes. To threaten an officer of the law only supports that possibility. I am disappointed in Cassilly and think he is trying to embarass the HCSO.
gotta love when people talk about things they have no clue about!!
@wow, so tell me when was the last time you were in fear for your life? Try doing the job where it happens often.
you have no clue Marc……..
wow, you have no answer.
Well if you are a cop then shame on you.
shame on me? Just cause I can do things different. So where is your supporting fellow officers when they don’t agree with what you say? Guess it only applies when they agree. Yeah ok
No need to get into a pissing contest with one another. That is exactly what Jesse wants… A house divided. He is a man who has understood for many years that decent ion among the officers concentrates more power among the few. It is an art he has mastered.
wonder what the union is going to do on this one? Get out front of the issue and demand justice for the police officer. Hold signs up in front of the courthouse and say how he is being made a political scapegoat? Nah….business as usual
And where does Sheriff Bane stand on this issue? Does he back his Deputy? Let us hear from you Sheriff, was this a good shoot or not?
HCDSU is nothing but a way for deputies to get access to prepaid legal, other then that they are worthless. I just read an article from the associated press stating they asked for comments from the Union board on this issue and got no response. So we have a vague story from the States Attorney, HCSO wont talk and the Deputy Sheriffs Union wont talk. Way to support one of our own. THIS PLACE IS A DUMP.
What do you mean the HCDSU is nothing but a way for deputies to get access to prepaid legal? The union was out in force in political support of Sheriff Bane and his reelection. The union made a major monetary contribution to Mr. Craig, and then had signs printed, purchased, and placed by union members in support of both Bain and Craig. The union just the past year, supported and lobbied a successful initiative to raise the pay of DFC’s with over ten years service. A union only for prepaid legal services? The union is much more than that!!
The HCSO is not a Dump, but your current leadership belongs in a Dump!
@ Bear numerous people have dropped out of the Political Action Committee you are referring to. As for the “successful initiative to raise the pay of DFC’s with over ten years service.” That’s up for debate the union should also be think about the DFC’s with 2-9 years of service. Certain deputies in the 2-9 years service frame and are sole providers for there family are actually eligible for public assistance, that is sad. Now the union tells its members don’t expect a raise for 2 years or so. Its would have made more sense to give all DFC’s regardless of time 1.5% or what ever it equated to. I do agree that the current leadership belongs in a dump.
sad….this agency is no longer “competitive” with other agencies! many officers/interested recruits who have applied…have second guessed applying with this agency due to the recent events and lack of support that’s shown for deputies! but spending tens of thousands of dollars on the CALEA thing will change everything!! ha ha!!
Well, obviously you know that CALEA certification will not do a damn thing to improve how management treats employees. I have yet to see a CALEA standard that mandates the selection of competent leaders, or a standard to prevent political retribution by those in the leadership clique. As you know, HCSO currently suffers from both of those aliments.
His only crime was that he missed.
Apparently the investigation conducted by the Criminal Investigation Division called it a good shooting. If this is the case then you would have to believe that someone on the second floor did not like the outcome and went a different route. If they think that Chris was less then truthful then why was he not charged with a false reporting of a crime? Information is hard to get because Bane has put a gag order out on this shooting. I worked with Joe Cassilly and I find it hard to believe that Joe went after Chris on this. Maybe Bane will make a statement once his new legal advisor can find some case law on this in a book.
Marc,
I agree. The basis for these charges (justified or not) were initiated in the HCSO and sent to the States Attorney. There is no reason for Cassilly to head hunt an officer absent evidence provided by the HCSO. If Jesse Bane supports his officers, he needs to stand up now and say so. Not tomorrow, not next week, I mean today!
Sorry, but I can’t take his new legal adviser seriously.
Marc,
Very well put. Sheriff Bane needs to respond…NOW
I don’t have all of the facts about this specific event but for those saying that Joe Cassilly must have seen something to cause him to charge DFC Behles that is unfortunately not true. There has been a major rift in the states attorney’s office between the attorney’s that believe it is their job to sort out who should be charged and to only try to convict those that they feel are guilty and Joe, who believes it is the jury’s job. According to the people that work closely with him, he said that they should charge everyone and let the juries sort them out. That is the reason behind some of the recent turn over in the states attorney’s office and the replacement of his second in command. I’m sure the sheriff turned over a report that erred on the side of blaming Behles so that the responsibility was off of his shoulders and Cassilly is sticking to his “charge everyone and let the judges/juries sort them out” philosophy. And for those that aren’t familiar with the inner workings of the sheriff’s office, a committee or group of people spend a great deal of time working on something and hand it to the sheriff, then the sheriff shreds all of that work and hands you his own pack of paper as he says “this is what you created” like a Jedi mind trick.
You do know how Bane works, you are dead on!
OK Truth,
I can understand your point about Cassilly letting the juries sort out the truth. However, claiming that Joe would charge someone without seeing any evidence to support such a charge, is, in my mind, a big stretch. On the one hand you state that for those of us who think Cassilly must have seen something to support such a charge is “just untrue”, and then stating that Bane probably “erred on the side of blaming Behles”, is contradictory. Which is it? Did Bane provide evidence blaming Behles, thus causing Cassilly to charge him, or did Cassilly not see anything and charged Behles anyway?
My thoughts tend to suspect that Bane supplied evidence to support the charge. His motivation for doing so is yet to be determined. Someday we will find out the truth.
And yes, your description of Sheriff Bane is on the money. He has been that way for years. It is time for the Deputies to demand that Sheriff Bane speak on this incident. Does he support his officer or not? Time for him to publicly state that this was a good shoot, and he has no earthly idea why Deputy Behles would be charged with any crime.
Understandably very little about the investigation has been shared before now as it was considered active by the Sheriff’s Office. Now that the investigation has led to charges being filed, the public has a right to know the circumstances surrounding the criminal investigation. This is not to condemn the Deputy as he has a right to a trial, but to show transparency, “honor and integrity” and build trust in our public safety professionals as “they protect the rights of all citizens”. The transparency expected from a professional and ethical organization led by a person elected by the people appears to be missing. I find myself in a position where I don’t trust the Sheriff. I am sorry now that I considered him for the office. Stand up Sheriff , support the women and men of the Sheriff’s office for their courage and hard work and let us know that a thorough and complete investigation will be conducted – by someone else – . It’s sad that we question his command and control of these situations and his motivation and judgment in matters concerning personnel, but he has done nothing publically to build my confidence in his leadership.
Many of us have been saying the very same thing about the current Sheriff’s Office leadership for several years. For the most part our warnings have fallen on deaf ears. The problems continue to mount, and the agency continues to decay from within. It is a sad situation.
Now that the frugal charging document had been published, what a joke. Joe Cassilly you need to go, where are the facts? This case is insane out of control, you are out of line. How about you ride along with the police once and a while. Retire Fool
This states the charge, I have written a few of these and you needed more then this to go before a commissioner. The fish is smelling a little more!!! This is really thin.
Not much detail in the formal charge filed by Cassilly. Any truth to the scuttle butt that I am hearing which alleges that the shots fired hit the vehicle in the rear?
I would think if that was true that would be an important part of the statement of charges.
And if true, could very well be the basis of why Deputy Behles has been charged. Regardless of the validity of the rumor, none of us were there, so I would give deference to the officer on scene. Only he can speak to his thoughts that day.
so you believe all the rumors? Then your like 99% of the professionals. Gotta love when people are “professionals” on here and know exactly what happened.
That’s one page of the charging document. It doesn’t say anything that wasn’t already made public and doesn’t include the statement of probable cause which is necessary to file the charges in the first place.
At least the address on it is for the HCSO and not his home address.
I feel for DFC Behles. There’s too many games being played by the agency recently on all officers in the news. Anything they can do to pass the buck. Too many people scared to put their foot down and make a decision as a true leader. Pass the buck some more just to cover up their wrongdoings. What a joke
So he was shooting at a fleeing car? The shots hit the back of the car? Where was the danger of the officer being hit then? Thanks for have a terrific Union. They are going to fight for him and express the moral outrage that this even went to a criminal summons. There will be waling and nashing of toofs. I am sure all the ones who get 70% on the range are now going to be gun experts. Those are the ones who are going to be on the news.
We don’t know that to true. Unfortunately, we also don’t know it to be false. Significant lack of information from both the HCSO and States Attorney on this incident. The HCSO could clear this up by providing the results of their investigation.
Why did they not release the statement of probable cause with this? I guess this was just to try and shut people up. This is really strange, Johnson’s charges were complete.
Here you go Harford County Residents, you want answers here is your chance to ask them. I say flood the place and demand answers about the way he is running the Department.
http://harfordsheriff.org/events/townhall_meetings/