An internal investigation is underway after Poulsbo police say a sergeant with the Kitsap County Sheriff's Office appeared intoxicated in a parking lot in October.
Kitsap County Sgt. Jim Porter, a 23-year veteran, was approached by a Poulsbo police officer while Porter was in a vehicle in the parking lot of the Regal Cinema in Poulsbo, according to police. Police say someone from the theater had called 911 on Oct. 16 to report a man who appeared intoxicated walking to his vehicle.
According to investigators, Porter was sitting behind the wheel of his Jeep and the keys were not in the ignition when the officer arrived. According to the police report, he smelled of alcohol and had vomit on his shirt.
The responding Poulsbo officer did not know Porter was a law enforcement officer and Porter did not disclose that information.
"She had no idea who it was and treated him just like she would anybody else," said Poulsbo Deputy Chief John Halsted.
Body camera video reveals the officer offered to get Porter a ride home. When he declined, she suggested he throw his keys in the backseat. She asked him not to drive. Poulsbo police say she told the movie theater staff to call back if the Jeep disappeared.
About 90 minutes later, someone from the theater called 911 to report the Jeep was gone. A different Poulsbo officer went to the address for the registered owner, following the route he might have taken from the theater. When she arrived at the home outside Poulsbo city limits she saw the white Jeep parked in the driveway next to a Kitsap County sheriff's patrol car. That is when the officer realized the registered owner, James Porter, was a sergeant with the Sheriff's Office.
The responding officer noted in her report that she recognized Porter, writing that she's known him for 18 years.
"That's when it became a little nerve wracking for her. It's a tough situation to be in, but she did the right thing," said Poulsbo Deputy Chief Halsted.
The conversation was captured on her body camera. The exchange appears uncomfortable for the officer as she worked to keep it professional. She called her supervisor at the Poulsbo Police Department and contacted the Kitsap County Sheriff's Office.
When supervisors arrived she temporarily turned off the body camera, which is within department policy.
Porter was not arrested and he was not investigated. Poulsbo police say no one saw him driving.
KIRO 7 asked why Porter wasn't arrested for being in physical control of the vehicle – the criminal offense when someone is under the influence of liquor or drugs and in control of a vehicle.
"The fact pattern of what happened doesn't fall in line with physical control of a motor vehicle, what that crime would be," explained Poulsbo Deputy Chief Halsted. "He was safely off the roadway, the keys were not in the ignition."
Poulsbo's police chief is reacting to public concerns that Porter got special treatment. Chief Al Townsend said the department acted appropriately and the case was handed over to Kitsap County to complete. Porter's residence is not in Poulsbo's jurisdiction.
Poulsbo police will consider changing its policy on body cameras and leave them running when investigating fellow law enforcement or public officials. Poulsbo police said they will also add language to department policy that spells out that "safely off the roadway" cases will not result in arrest, to make sure all cases are treated similarly.
Townsend says the department will seek legal counsel to see if there is other action that can be taken if someone appears intoxicated and refuses a ride home.
Kitsap County Sheriff Gary Simpson declined our request for an interview.
Porter was on paid leave from Oct. 17 to Nov. 11. He is now back at work. The internal investigation is not complete.