Living Exponentially with Eileen TeschWhistleblower

Sheriff Mat King Whistleblower with Ret. Lt. Scott Jones – Part 1

Editors Note: This video is an editorial, the thoughts, opinions, beliefs, and viewpoints expressed in this program are not necessarily those of GBS Media or Blue Water Healthy Living.

Ret. Lt. Scott Jones from the St. Clair County Sheriff’s Department sits down with Eileen to share how he made the difficult decision to become a whistle-blower regarding the misconduct of Sheriff Mat King and the attempted cover-up of the arrest of his brother, Deputy Marcus King. Scott explains why it was so important that the public needed to know the truth.

Here is a link to a Times Herald Article regarding Deputy Marcus King: https://www.thetimesherald.com/story/news/2022/12/09/st-clair-county-sheriff-deputy-placed-on-suspension-following-drunk-driving-conviction/69715943007/

Below is an email written by Ret. Lt. Scott Jones.

I would like to bring to your attention an issue I have with actions taken by Sheriff Mathew King beginning on November 6, 2022 as a result of the arrest of one of his deputies, Marcus King on a charge of OWI / High BAC >.17 and in the weeks following to include an article published by the Times Herald and posted online November 23, 2022 in which he gave false / misleading information to the public / his voters. 

I believe he engaged in Misconduct in Office (Milton, 257 Mich. App. 467,471 (2003) regarding report CR 220041543 in addition to events transpiring subsequent to the incident; the elements of this are – 

1) prove the defendant is a public officer 

2) the misconduct occurred in the exercise of the duties of the office OR under color of said office 

3) the behavior is corrupt 

CORRUPT DEFINED – having or showing a willingness to act dishonestly for personal gain 

Once established / investigated, M.C.L. 750.505 provides that this charge under malfeasance (Malfeasance is defined as a wrongful act done intentionally), is a felony and carries a 5-year sentence / or a fine not more than $10,000.00. I submit to you the following actions taken by him that are misconduct and that they were done under his duties and color of office. 

ACTS OF MISCONDUCT 

1) used his power / authority as a Sheriff of Saint Clair County to have his brother released from the Lapeer County Jail after being lodged for an OWI arrest. A datamaster result of .18, which has already been accepted by the courts as evidentiary, and the release time (by policy is .03) was to have been 12 o’clock noon, Sunday. November 6, 2022. In documentation from Lapeer County Jail, Marcus King was released at 5:15 am to Deputy Damon Duva and was not taken to the Saint Clair County Jail to continue the arrest (custody); this is contrary to what he (Sheriff King) said to the Times Herald and therefore to the public from an interview posted November 23, 2022.

Using his authority (color of office), Sheriff King got his brother released from jail when no other citizen would have been afforded the same perk, in fact, if you were to inquire of Sheriff King, I doubt he calls and gets other citizens out of jail when they are arrested for the same offense. This act is misconduct in office by an elected official AND it is a Saint Clair County Policy / Procedure violation as well. Had I, as a Lieutenant, used my position to get a family member out of jail on the same charge, I would be accountable to that P/P and would be suspended / investigated / disciplined – and this breach of duty / public trust would likely lead to termination. In this case, the Sheriff has no accountability as he is the highest-ranking person at the Sheriff’s Department and is not going to investigate himself and no one else can either. I can attest to his intent as he made a call to me at 4:03 am the morning of November 6 and told me to ” un-f*** this and get my brother out of jail.” I took a screenshot of the date / time I received this three (3) minute call in which he additionally told me that “Damon is wheels up and headed there (Lapeer County Jail) now.” 

There is no booking card showing Marcus King remained in custody and was lodged at the SCCJ after being picked up in Lapeer County. A FOIA was filed for jail records regarding Marcus King and the reply was “no such document exists.” 

Misconduct #1 – using position to get an employee / brother released from jail; violating department policy (his own policy which he authored) and malfeasance by elected official (wrongful act done with intent / malfeasance is included with misconduct in office) 

2) Sheriff King mis-appropriated State of MIchigan Grant funding and personnel by sending Deputy Damon Duva to Lapeer County Jail to pick up his brother. Deputy Duva is paid by a grant from OHSP (Office of Highway and Safety Planning) to patrol secondary roads in Saint Clair County, the car and gas is grant funded as well. Deputy Duva, as noted in his own supplemental report (CR 220041543), was sent to Lapeer County by Sheriff King, of this there is no dispute – it happened. 

Deputy Duva’s workday was scheduled as 6a – 6p but he was “on the road” by 4am at the direction of Sheriff King as indicated by the documented release time from jail in Lapeer County noted on the booking card as being released at 5:15 am. The Google map distance from the St Clair County Jail to Lapeer County Jail is 50.1 miles / 48 minutes – from this we can extrapolate back and reasonably conclude he began his shift at 4am, not 6am. 

Deputy Duva, per department policy, is to fill out a daily report to account for his time / workday when scheduled as he was on November 6, 2022. Schedule Express, which is the vendor used by the SCCSO, showed he worked that day 6a – 6p without any alteration. There is no daily report for that shift filed with the Sheriffs Office (policy violation), nor was one filed, as required by the grant, with OHSP for those 12 hours of pay. The dispatch CAD system does not show Unit 251 responded to any calls for service / made a traffic stop / issued a citation on that day. In the 30-day window for November reporting to OHSP, that is the only document missing; FOIA was submitted, and that document does not exist. Oddly enough, Deputy Duva did a supplement report to the OWI arrest indicating he gave a PBT (result .03), to Marcus King (at 9am) November 6, 2022 and yet even that is not recorded anywhere – not in a daily / not on body camera / in-car camera or was it even witnessed (nothing in the report shows a person / persons witnessing this PBT being performed), it’s just an entry made 17 days (November 23rd) after the day of the arrest. The significance that it was added at this late date, is not only a department policy violation as priority reports (those where there is an in-custody arrest) are to be done the day of, or the day following an arrest report. In a shocking coincidence, not only was November 23rd, 2022 the date that Deputy Damon Duva added his supplemental report, it was also same day Sheriff King ordered Captain Pohl to open an Internal Investigation into those involved in the arrest for leaking information to social media about this arrest AND it just happened to be the same day Sheriff King entertains the Times Herald reporter and lies to the public, go figure. 

When a FOIA (Freedom of Information Act) was submitted for the PBT information, it was reported by Lt. Scott Baldwin that this information does not exist. The supplement report by Deputy Damon Duva does not include the serial number of the PBT, or the car number from which the PBT was assigned / obtained. These PBT’s have the ability to record test date / time / result yet there is nothing to prove that a test was given, or the result is true. SCC Jail policy provides that PBT’s are to be administered before releasing persons in-custody for OWI (drunk driving); in this case, there is no record of a PBT being given, nor was a PBT witnessed (nothing in the supplemental report submitted by Deputy Damon Duva states name of any witness to this PBT). The jail records this information on the booking forms and the PBT is given in an area where there are cameras to verify it was done. In this case, there is no booking form indicating a PBT given, nor does any video exist of this test. We have to believe a supplemental report not only filed 17 days late, but believe a report of a PBT being administered to Marcus King by his and his brothers (Sheriff Mat King) friend, Union President Deputy Damon Duva, and the published result of .03 at 9am (which is medically / scientifically / mathematically impossible). 

Misconduct #2 – misappropriation of state funding (OHSP Grant), use of department personnel for gain 

3) The police report, CR 220041543, which has been reviewed by Sheriff King as well as other command staff (tracking of all who reviewed the report is available under a tab “activities,” in the CLEMIS report module) shows false information that has been approved / finalized. The false information would be the reporting of a BAC of .03 at 9am that is based on a PBT given

at 9am; the PBT cannot be proven as previous FOIA request showed information does not exist and each of the following which include – 

the PBT was not witnessed. 

the PBT is not on body camera. 

the PBT is not on any in-car camera. 

the PBT serial number or Unit # was not put in the report. 

Additionally, the accepted declination / evaporation of alcohol is accepted (by this department as well in their math using a release time from jail) is .015 per hour. Using this number, multiplying the difference between test time (2:06am), and the PBT time (9am). which is seven (7) hours. 

7 X .015 = .105 

We take this medically / scientifically based math number and subtract it from an evidentiary BAC of .18 to determine the persons current BAC as it would relate to the report.  

.18 (206am test) – .105 = .075 at 9am per medically accepted / scientifically determined and department reliant numbers show that the reported BAC of .03 is not possible. If you’re familiar with this number of .015 per hour, as are ALL police officers, especially those who are assigned specifically to traffic enforcement (as is Deputy Duva) and each command officer who have read / viewed this report, they know such a result is not possible and know the report is false and yet, it was approved. Oddly enough, it just so happens that this “magic” number has been reported happens to be the EXACT BAC needed to be released from jail per the Saint Clair County Jail policy – crazy huh? When doing the math for elimination of alcohol. it will show that at 9am, the BAC (blood alcohol level) would have been .075 / well above the .03 needed to be released per St Clair County Jail Policy. This narrative in the report is obviously wrong and any deputy / supervisor and the Sheriff know it is impossible. 

Misconduct #3 – Sheriff reviewed / approved of a false police report 

4) In an interview with TH reporter Laura Fitzgerald, posted online November 23, 2022, seventeen (17) days after the arrest, Sheriff King is quoted on four specific things in which he misleads his constituents / and anyone out of county who may have read the article. 

Under color of office, he revealed the below information – 

1) Marcus King “was arrested and lodged first at the Lapeer and then St Clair Couty jails……” this is not true as he was never booked into (lodged) at the jail here in St Clair County. A FOIA request was submitted and was answered that “no such record exits.” This would be the first false / mis-leading statement made to the public. 

2 / 3) Sheriff King said an internal investigation was opened immediately after they learned of the arrest, and he (King) recused himself: this will be false / mis-leading statements numbers two (2) and three (3) 

again, not true as the internal investigation would only be opened after the criminal portion was adjudicated ( per Undersheriff James Spadafore when I asked this question in a November 17th, 2022 meeting) which was in December of 2022. There is an email that shows that an internal investigation was opened November 23rd, seventeen (17) days later and it indicates Captain Matthew Pohl was directed to do so by the Sheriff, which is well after him stating that he opened an internal investigation immediately; he was not truthful. Secondly, Sheriff King was involved in the investigation as he was present for the interview of Deputy “John Doe,” (name omitted at this time to protect current employee) and was actively involved in my personal part of the internal (as proven by a document he issued and signed); again, not truthful with the public. You will also note the Sheriff used word play in the last paragraph when he said that “…Marcus King will be treated no more favorably or no more harshly than any other employee given the same circumstances.” 

In regard to this statement, again made by the Sheriff, Marcus King was treated more favorably as he was removed from custody at the Lapeer County Jail, seven (7) hours before he was to be sober and released per Lapeer County policy and Marcus King was not lodged / transported to / held in the Saint Clair County Jail – he did get favorable treatment and he 

received treatment not afforded to the public because Sheriff Mat King abused his authority. At no time would any deputy or supervisor be able to do these same things (as they are against not only the oath we take but contrary to his (Sheriff Mat KIngs) own Policy and Procedures that he has signed off on and holds hid people accountable to. Actions taken by anyone else would result in administrative leave, an Internal Investigation and then suspension or dismissal and yet the Sheriff did this and needs to be accountable to someone, or you would expect that, right? 4) Lastly, the Sheriff indicates that Marcus King was released when he was legally allowed to operate a motor vehicle; this is a politician pulling the wool over the eyes

of his public. Instead of saying he was released in accordance with jail policy (which is .03 BAC), he carefully words it to say “released when legally allowed to operate a motor vehicle”. The reason he says it that is because he, and everyone else knows, that it was not possible to be at a .03 level at 9 am when Marcus King was released. He (Sheriff King) knew the report was wrong, when doing the math, he knew that at 9am, that Marcus King was likely at .075 which allows a person to “legally” operate a motor vehicle; this allowed him to avoid saying that his brother was released in accordance with jail policy (.03). While the statement is true, that at .075, a person is legally allowed to operate a motor vehicle, the Sheriff is admitting to the police report being false, but isn’t caught in the lie that his brother was released per jail policy………so he misleads by misdirection, by avoiding the term “jail policy”, he admits to the report being false – you can’t have it both ways / and in this case acknowledges two wrongs; the first that the report is false and the second that his brother was released against jail policy – 

Misconduct #4 – knowingly gave information to the public, under the color of office, that was false / mis-leading. 

To you, the Saint Clair County Board of Commissioners, the people of the County of Saint Clair, I submit this information / misconduct as probable cause that the offense did occur, and that the Board should move to prepare and send a letter to the Michigan Attorney General asking for an investigation into these actions. While any one of these four things appear to be minor in nature, it is the accumulated acts that show misconduct / abuse of office in the matter of the arrest of his 

brother, a deputy sheriff whom he employs, and Sheriff King appears to have used his office for personal gain. 

I further submit to you, the Board of Commissioners and the citizens of the county, the Sheriff is a department head and is not held accountable at his own department, no one in the building, no deputy, supervisor, Captain or Undersheriff can issue discipline /open an internal investigation of the Sheriff. Neither can the County Administrator or Board of Commissioners take any actions to investigate / sanction Sheriff King for his misconduct (HR Director Diane Barber said she would speak with County Administrator Keri Hepting and Legal Counsel Gary Fletcher regarding my report to her and then she called me November 18, 2022 stating that there is “nothing we can do” as it relates to my complaint to HR regarding the actions of the Sheriff). HR advised they can only address employee personal complaints and contractual issues in regards to the Sheriff as he is an elected official. I inquired if the Board of Commissioners had any authority and was advised they may be able to request an investigation be opened but a Sheriff can only be removed by a recall election or an order from the Governor – he is, in this matter, above the law and untouchable. 

Accountability can come from the voters in 2024, but he should be given the opportunity to address this letter and “clear” himself of any misconduct which is being alleged. To do this, I ask the County Board to look into this issue and if they feel the need to recuse themselves, then please send a letter to Lansing to have a fair / impartial investigation conducted. 

Understand that the Sheriff, in his career as a deputy, a Sergeant and as a Lieutenant, has sworn to hundreds of warrants during his career in which people were arrested and charged with crimes – now he is in a position where probable cause exists that misconduct in office was committed and he should face the same scrutiny as those whom he has sworn out warrants for. He failed to uphold his Oath of Office where he swore to,” … faithfully discharge the duties of the Office of Sheriff….” and failed again in carrying out his own Mission Statement as posted on the website where it states “…the St. Clair County Sheriff Office is committed to the values of integrity and honesty in our interaction with the community.”  

When a statement “they can’t touch me, I’m an elected official,” is made behind closed doors to his command staff, he was partly correct; he can’t be the subject of an internal investigation as he is the Sheriff, the county cannot pursue an investigation (as I learned when I filed a report with Human Resources (Diane Barber) regarding his behavior), nor can the Board of Commissioners. The only accountability is to the Governor or an expensive recall election – or you can choose not to re-elect him in 2024. 

Scott E. Jones 

Lieutenant – Retired 

Saint Clair County S.O.

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