A Marion firefighter suspended last month after stealing groceries while on duty will stay at the department.
Marion’s Board of Public Works and Safety denied a recommendation from the city to terminate Chance Cowgill during a Monday morning hearing.
Cowgill, 26, instead faces a 90-day suspension without pay and two years on probation.
Cowgill’s suspension will expire 90 days after his initial suspension began following a Feb. 4 hearing before the Board of Works.
In a notice of termination given to Cowgill by Fire Chief Paul David on Jan. 16, the firefighter was accused of five offenses — neglect of duty, violation of rules, absent without leave, immoral conduct and conduct unbecoming an officer.
According to the rules of regulation, no member of the fire department shall — on or off duty — conduct himself in a manner that will bring discredit or ill repute to the department.
Don Gallaway, corporate counsel for the city, said the thefts — one of beer while off duty Jan. 13 and another of food while on duty Jan. 14 — combined with a 2010 reckless driving arrest and three tardies to demonstrate a pattern of poor judgment and embarrass the department.
David and Gallaway sat on one side of the city council chambers as Cowgill and his attorney, Joe Lewis, joined a throng of supporters on the other Monday.
The majority of the hearing included supporters praising Cowgill’s nature, depicting the thefts as out of character and seeking mercy for him from the board.
His uncle and former firefighter Brian Cowgill, Fire Union Chief Curtis Garr, firefighter Weston James, former firefighter Jamie Liddick, firefighter Anthony Monday, Mississinewa High School Assistant Principal Chanse Young and others spoke against the termination.
“The punishment doesn’t fit the crime,” Brian said. “This is a choice on a man’s career and his livelihood. … He’s a good kid and a hell of a firefighter.”
Cowgill did not dispute the “factual basis” of the case as presented by Gallaway.
Cowgill admitted to stealing beer from Marsh, 1013 N. Forest Ave., on Jan. 13 while off duty and returning to steal taco ingredients while on duty Jan. 14.
An off-duty officer working security at the supermarket saw Cowgill inside the store and knew him to be a person of interest in another theft that occurred at the store the previous day.
The store manager was notified and witnessed Cowgill pass all points of checkout with less than $20 worth of groceries.
Cowgill did not report back to his supervisors at the station after being released from custody.
Lewis reported during the hearing that Cowgill’s criminal case, for two counts for criminal conversion in city court, was resolved with a verdict of one year of probation.
Upon hearing of the charges, David placed the firefighter on paid administrative leave pending the outcome of the investigation.
Gallaway said Cowgill later admitted to both thefts and stated he was financially desperate.
“It was the worst decision of my life. … There are 1,000 other options I could have taken,” he said Monday of the on-duty theft. “I’ve never learned a bigger lesson. … You will never see me in front of you again for any negative reason.”
Gallaway said the board’s decision — to keep Cowgill on the department despite lost trust or to fire him and lose his experience and potential — would have consequences either way.
“There are no winners here,” he said.
In other business, the board:
Approved the sale of 1519 W. Second St., 1415 W. Third St., 1652 W. Fourth St., 2126 W. 12th St., 1708 1/2 E. 35th St., 3536 S. Adams St. and 2315 S. Florence St.
Assistant Director of Development Janet Pearson said the total purchase price of the properties is about $16,200.
Pearson said she would provide written documentation of each purchase to the Board of Works. Such documentation was not available Monday.
City Attorney Herb Spitzer added that $13,500 of that sum has been committed, with the remainder deferred. No deeds will change hands until all properties are paid in full, he said.
Approved requests from Building Commissioner Larry Oradat to seek demolition of properties at 322 E. Grant St. and 523 N. Boots St.
Oradat said the board first heard about the Boots Street property last month, but action was delayed 30 days to allow the property owner to address abatement issues.
Board member Brian Harris abstained from the vote.
Copyright 2013 Chronicle-Tribune (Marion, IN)Distributed by Newsbank, Inc. All Rights Reserved
