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Sept. 08--HAVERHILL -- Former firefighter Kevin Thompson admitted he drove a fire truck without a license, but asked a judge to avoid a guilty finding that would jeopardize Thompson's pension.
In Haverhill District Court yesterday, Judge Patricia Dowling rejected a proposal by Thompson's attorney Scott Gleason to continue the case without a finding. As a result, Thompson has asked for a jury trial on the charges. The trail is to start Jan. 3.
Police have charged Thompson, 53, with operating fire apparatus without a driver's license 19 times between March and December 2009.
In court yesterday, Gleason acknowledged the allegations are true and said Thompson would agree to pay a $500 fine.
But Gleason said a criminal conviction on the charge would amount to "disparate treatment" for Thompson because city officials have said they would use it to try to strip Thompson of his retirement benefits.
Mayor James Fiorentini has said he will ask the Haverhill Retirement Board to revoke Thompson's $3,474 monthly pension if Thompson is convicted on the driving charge.
"I ordered this investigation to get all the facts and protect the taxpayers of Haverhill," Fiorentini said in an interview in July 2010 when police filed charges against Thompson. "We're going to be aggressive in protecting the taxpayers. If (Thompson) is found guilty, we'll go back to the Retirement Board and ask that his pension be revoked."
Thompson spent four months in a New Hampshire jail last year on driving charges, but continued to get paid during his incarceration by keeping it secret from city officials. He kept his paychecks coming by using vacation and personnel time and getting other firefighters to cover his shifts -- a practice that Gleason said was "allowed" under the terms of the firefighter union's contract with the city.
When Thompson was released from jail and returned to work, the city discovered he hadn't had a valid driver's license in at least 18 years.
City officials asked Thompson to report to the police station to answer questions about his incarceration and whether he had ever driven a fire truck without a license, but he then he quit his job and filed for retirement benefits, which were quickly approved.
City Solicitor William Cox has said "the only applicable provision which would allow for the forfeiture of a retirement allowance, in a case such as this, requires a conviction for a criminal offense involving violation of the laws applicable to the employee's office or position."
Thompson, who is considered a habitual driving offender in New Hampshire, has not had a valid license in that state since 1992. Massachusetts revoked his license in 1987.
At yesterday's hearing, Gleason said Thompson is the victim of "bad blood" between Fiorentini and Haverhill firefighters.
"The law says politics can't be the basis for giving someone disparate punishment," Gleason argued. "Don't give him disparate treatment based on who he is."
The mayor and firefighters have had a variety of battles in recent years, including an investigation by Fiorentini into sick time abuse by firefighters several members of the department receiving punishment for lying about receiving emergency medical technician training required by the state.
Gleason said Thompson has lived in Haverhill his entire life and described him as a standout firefighter who retired as a result of the scandal, following an otherwise distinguished career.
Except for driving fire trucks when ordered to by supervisors who believed Thompson had a valid license, Gleason told the judge that Thompson never drove any other vehicle in the nearly two decades that he did not have a license. That claim is untrue, however, according to Haverhill police.
In July 2010, The Eagle-Tribune reported that a Haverhill police officer allowed Thompson to walk away from a 2005 car crash without verifying that he had a driver's license. Thompson's personal automobile was destroyed in the accident, according to police.
At the accident scene, Patrolman Thomas Howell never verified the status of Thompson's driver's license or checked his driving history as required, Deputy police Chief Donald Thompson told the newspaper last year.
"The officer said he does not remember why he did not check the license," said Thompson, who began investigating the crash when The Eagle-Tribune asked about it. Deputy Thompson is not related to Kevin Thompson.
At yesterday's court hearing, Gleason said Thompson served as a Marine and received an honorable discharge.
"In his 27-year firefighting career, he was never disciplined," Gleason said of Thompson. "In 1994, he was Haverhill Firefighter of the Year."
Prosecutor John DePaulo dismissed Gleason's characterization of Thompson.
"Guilty is appropriate," DePaulo told the judge. "He mislead city officials and it went on for years and years and years. The city thought he was on vacation and he was in jail. He drove fire apparatus again and again after his license was revoked."
Thompson lost his New Hampshire license in 1992 after he was convicted of several driving violations, including aggravated driving while intoxicated. New Hampshire labeled Thompson a "habitual offender" in 1992. Massachusetts Registry of Motor Vehicles officials said Thompson was found guilty of drunken driving in 1977.
After reviewing several letters of support submitted by Thompson, the judge said the former firefighter appears to have been a dedicated and hard-working man who helped many people while on and off duty. But she said the facts of the case would require a guilty finding, if left up to her. After hearing Downling's position, Gleason asked for the jury trial.
