County deputy pleads guilty to misdemeanor

Wednesday, April 16, 2014
After reviewing the videotape, shown here in this screen shot, an internal investigation by the sheriff's office determined Deputy Tom Robison used more force than necessary to subdue an unruly inmate at the jail.

An Elmore County sheriff's deputy, accused of shoving an inmate at the county jail in 2012, was sentenced on lesser charges during a hearing on Friday.

Deputy Tom Robison pled guilty to a single charge of disturbing the peace, according to statement released by Idaho Attorney General Lawrence Wasden.

Magistrate Judge David Epis ordered Robison to serve five days in confinement with an option of performing community service versus the jail time. The court also placed the deputy on one year's probation and issued a $250 fine while granting him a withheld judgment.

By pleading guilty, Robison admitted to shoving a 32-year-old female inmate and knocking her off her feet inside a holding cell on Dec. 17, 2012. The incident was captured by a video camera inside the detention center.

Officials with the sheriff's department said they were not at liberty to discuss the matter on the record because the incident involved personnel matters within the department.

However, Sheriff Rick Layher confirmed that Robison was reduced in rank from sergeant to deputy following the incident. However, it wasn't known whether the demotion was directly linked to the court case.

According to information contained in the case file, Robison failed to write a report regarding the incident and didn't immediately notify his supervisor, Capt. Lynn McCallum.

Detective Kyle Moore from the sheriff's department began an investigation in January 2013. He was notified of the incident by Deputy Jason Mittleider, who witnessed what happened.

Robison worked at the detention center during the 4 p.m. to midnight shift the day of the reported incident.

The inmate was at the detention center on charges of resisting arrest and contempt of court. She has an extensive criminal history, including repeated arrests for battery and resisting arrest.

A written statement made by Robison indicated he was contacted by the jail's control center, stating that Mittleider and another deputy needed help with the inmate. The deputies were in the process of escorting her to the booking area of the detention center.

As Robison entered the cell, he said the inmate was screaming and accused one of the deputies of hurting her wrist during the escort.

The deputy stated that he grabbed the inmate by her arms and repeatedly told her to sit down. With her back to the wall, she proceeded to walk backwards and began to pull out of his grasp.

He then admitted that he pushed her toward the wall and told her once again to sit. Stumbling backwards, she reportedly hit a bench on the back wall before she fell to the ground.

However, Robison stated that he used "appropriate force necessary to safely resolve the confrontation," adding that what was seen in the video wasn't as bad as it appeared. He said that in addition to her smaller stature, she was also pulling backward while trying to loosen his grip on her wrists.

The deputy added that he lost his balance and fell forward, which caused her to fall backward and strike the back wall of the holding cell.

Robison stated that he didn't file a report even though department policy requires one when a use-of-force incident occurs.

Two days after the incident, Mittleider reportedly discussed the matter with McCallum, who made assurances that he would watch the video and handle the situation.

Mittleider then contacted Detective Kyle Moore, who began an internal investigation regarding the use-of-force incident at the detention center.

According to the detective's report, several sheriff's deputies were interviewed during this process. They included those who were on shift the evening of the incident as well as others with knowledge of the incident and video taken inside the holding cell.

During a meeting in January 2013, McCallum told the detective that Robison did not use excessive force on purpose and didn't intend on pushing the inmate into the wall. The captain added that the deputy "acted within the guidelines of his job and the video looked worse than it really was."

However, the video didn't support that conclusion, Moore said. Reviewing the video, the deputy's view of the incident didn't appear to follow the department's use-of-force policy.

In addition, statements made by Robison didn't support the video evidence that he tripped or his use of force was accidental, the detective added.

In addition, Moore faulted McCallum for failing to take action following the incident, including the need to report it to the sheriff or chief deputy. In addition, the former captain had no documentation to prove he conducted an investigation following the incident, including a list of who he reportedly interviewed.

Neither Mittleider nor McCallum currently work for the sheriff's department.

In May 2013, the case was transferred to the Idaho Attorney General's special prosecutions unit following a request by county prosecutor Kristina Schindele. Deputy Attorney General Krista Howard prosecuted the case.

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