News Release From The Office Of The District Attorney

District Attorney Declines to File Charges against Adams County Sheriff's Deputy

Last Friday afternoon, the Adams County Sheriff's Office presented the Office of the District Attorney with a criminal case for filing. The case involved a sheriff's deputy alleged to have committed a sexual assault while on duty September 26, 2015. The affidavit of facts supporting the arrest was sealed by the court on October 22, 2015.

At the same time of the filing presentation, the Sheriff's Office conducted a press conference releasing certain details concerning the incident. At that time, Sheriff Michael McIntosh stated that he was "outraged" upon learning of the Deputy's "sexual misconduct." The Adams County Sheriff's Office conducted the entire investigation without any assistance or meaningful consultation with the Office of the District Attorney regarding the evidence that would support the filing of a criminal charge. The investigation and subsequent arrest of the Sheriff's Deputy did not comport with the established protocol for this type of investigation. Here, the Sheriff's Office made the arrest without any discussion with the District Attorney concerning whether the investigation supported the filing of criminal charges.

The Office of the District Attorney's review is limited to determining whether criminal charges should be filed against an individual. This review does not evaluate the appropriateness of the actions of the involved officer, whether department policies or procedures were followed, or whether the policies, practices, tactics, or training at the involved agency were sufficient. That evaluation is left to the Adams County Sheriff's Office.

The determination for making an arrest on probable cause is much different than that for filing a criminal case. To charge a crime, the District Attorney must be satisfied there is a reasonable likelihood of securing a conviction beyond a reasonable doubt at trial. Having fully reviewed the facts of this case, there are insufficient facts to support the filing of the criminal charge against the involved Sheriff's Deputy. Due to the sensitive nature of the investigation and given the fact that the affidavit of the investigation remains sealed with the court, there will be no further disclosure of the details that lead to the decision not to file charges.