Columbus, Ohio Capt. Sidelined in Arson Investigator Probe

Jan. 12--The supervisor of the Columbus Fire Division arson unit has been relieved of his normal duties and an investigation has begun into why he waited two days to notify fire administrators that an on-duty arson investigator pulled a gun during a road-rage incident.

Capt. Jeffrey Happ has been given a desk job until the investigation is completed.The incident occurred about 11 a.m. on Jan. 2. Arson investigator Jeffrey L. Smith ordered a man out of his car at gunpoint and placed him in handcuffs after the two men argued. Happ told supervisors about the event on Jan. 4, after a local television station had reported the night before that a Columbus firefighter was the victim of road rage.

"Chief (Gregory) Paxton is very concerned that it took two days to learn of the incident," said Battalion Chief Patrick Ferguson.

Police and firefighters said Smith and Michael J. Watkins began arguing from their vehicles while at the intersection of Jack Gibbs Boulevard and Cleveland Avenue, near Columbus State Community College.

Smith, 49, told police he saw Watkins, 35, display a gun inside his vehicle. That's when, Smith said, he jumped out of his unmarked city vehicle, drew his city-issued weapon and ordered Watkins out of the car.

After handcuffing Watkins, Smith called police. Officers found a black pellet gun in Watkins' vehicle.

Watkins was charged with aggravated menacing, a first-degree misdemeanor punishable by up to 180 days in jail and a $1,000 fine.Smith was not charged with a crime.

Police and fire officials said Smith and Watkins knew each other, but fire union officials said yesterday that, after speaking with Smith, they don't believe that is true.

"I fully expect after this investigation that Smith will be reinstated as an arson investigator and he will receive a commendation for what he did to protect himself and this community," said Jack Reall, president of International Association of Fire Fighters Local 67.

City Attorney Richard C. Pfeiffer said yesterday that he could not comment on Smith's use of the gun to detain Watkins because the investigation was continuing.

Smith and Happ were not made available to comment. Watkins could not be reached to comment.

The Dispatch reported last summer that, despite outfitting firefighters with guns for decades, the Fire Division has never adopted a written gun policy. A city ordinance grants firefighters on the bomb and arson squads the authority to carry guns and arrest people within the city limits as long as it is in the course of a fire-related incident.

The city's Department of Public Safety is reviewing a proposed written gun policy for the Fire Division.

A Dispatch investigation in August also found that 10 of the 14 firefighters who carry guns, including Smith and Happ, were not certified by the Ohio Peace Officer Training Academy. City officials said they are not required to be state-certified as long as they operate within the city.

Every large fire department in the state outfits arson investigators and some bomb-squad members with guns because they investigate crimes.

But all those departments, including the state fire marshal's office, require their firefighters with guns to be state-certified.

Chief Paxton has said he wants the same certification in place for any new members of the arson or bomb squad. He said that stipulation could be contained in the new gun policy, which is expected to be adopted this year.

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