Decision still pending in police termination case

A court ruling is still pending in the civil case of a former police officer seeking the right to appeal his termination.

William Barnes III, formerly of the Culpeper Police Department, took the town to court earlier this month, disputing its assertion that he was not entitled to file a grievance following his firing in May.

After hearing about 90 minutes of testimony Oct. 7, Circuit Court Judge Jack Berry said he would review the case and issue a ruling by letter within 10 days.

Berry has not issued a ruling, and it is not clear when he might do so. Neither Frank Reynolds, who is representing Barnes, nor town attorney Bob Bendall could be reached for comment Tuesday afternoon.

A court clerk said the case file was still with the judge and not available for public review.

Chief Scott Barlow terminated Barnes May 15 after an internal investigation accused him of perjury, obstruction of justice, abuse of authority, insubordination, disclosing confidential information and failing to safeguard police equipment.

Barnes has said the allegations in the internal investigation are not true. He did, however, acknowledge a lapse in judgment in a March 2008 incident where he provided alcohol to his then 20-year-old girlfriend.

Barnes does not face any criminal charges stemming from the internal investigation.

The effective date of Barnes’ probationary status is the key point of dispute. He testified that he understood his probation release date to be May 9.

At the trial, Reynolds argued that it was the town’s burden to show that Barnes is excluded from the grievance procedure. Bendall argued that despite a typographical error in an internal memo, it was clearly stated — and everyone involved should have understood — that Barnes’ probation release date was May 28.

Barnes joined the town police on Nov. 9, 2006, as a community service officer. He began his tenure as a town police officer in May 2007 and completed field training in November of that year.