Cowley to be reinstated as West Valley police officer


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WEST VALLEY CITY — Shaun Cowley is a West Valley City police officer again.

Whether the embattled detective will actually be given a new assignment or kept on "administrative leave" was not immediately known Wednesday. But Cowley said he is ready to report for duty.

The surprising turn of events came hours before a disciplinary hearing was scheduled to begin Wednesday.

Cowley was fired in September of 2013 for allegedly violating department policies. He appealed that termination, saying he was being made a scapegoat for the department's tarnished image. But on Wednesday, West Valley City Attorney Eric Bunderson filed a motion to dismiss its case against Cowley's appeal, opening the way for him to be reinstated.

The city was unable to come up with documents needed for Cowley's disciplinary hearing, according to Bunderson's motion. Because of that, the city could not go forward with its case defending the decision to fire him.

Cowley's attorney, Lindsay Jarvis, said those documents are actually the police department's rules and regulations. Specifically, Jarvis wanted the department to provide her with a written copy of the policy that her client allegedly violated. She said that she and the courts have been asking for a copy of those policies for two years, but the city couldn't come up with it. Jarvis contends that's because it doesn't exist.

"Quite frankly, West Valley's police administration has withheld evidence from us for a period of two years," she said Wednesday. "They alleged that Shaun violated policies and procedures which do not exist.

"The judge ordered them to supply the manual which applied to Shaun's particular violations and they can't come up with it."


(West Valley City) alleged that Shaun violated policies and procedures which do not exist. The judge ordered them to supply the manual which applied to Shaun's particular violations and they can't come up with it.

–Lindsay Jarvis, Cowley's attorney


Cowley was charged last year with criminal manslaughter in the death of Danielle Willard, 21, during a 2012 undercover drug operation. However, the charge was dismissed by a judge during a preliminary hearing last October.

West Valley City fired Cowley from the police force after its Neighborhood Narcotics Unit disbanded because of officer wrongdoing that included misplaced or mishandled drugs and money, keeping "trophies" from investigations, improper use of confidential informants and using GPS tracking on vehicles without a warrant.

Cowley was part of that unit and West Valley Police Chief Lee Russo at the time said Cowley's behavior was "so egregious" that he decided to fire him. That decision, he said, was not based on the Willard shooting.

Cowley stood beside Jarvis outside the police department to announce they are pleased that the battle to get his job back is now over. She advised him not to speak to reporters Wednesday, but reiterated that her client became the department's patsy and that his job was unlawfully taken from him. She also had strong words for some of the city's administrators.

Attorney Lindsay Jarvis answers media questions on behalf of her client Shaun Cowley at the West Valley City Justice Court in West Valley City, Wednesday, June 3, 2015. (Chris Samuels/Deseret News)

"There are a lot of emotional issues in play. You have a police department that is now pointing fingers at one another as to who was withholding evidence. You've got a city manager that's probably nervous about his job. You've got a public that is now concerned about officer Cowley who they have ripped apart and now he's a police officer again. And so there is a lot of upset people in this city," she said.

"Shaun was the scapegoat for a department that got caught with some allegations of corruption. And rather than accepting fault for that … this department, as far as the administration goes, has some problems. And quite frankly, Chief Russo is nothing more than a puppet that keeps this problem going."

West Valley City released a brief statement Wednesday saying it made the right decision to fire Cowley:

"As the case regarding the termination of Shaun Cowley by West Valley City has moved through the legal process, some key pieces of evidence in the case have been excluded by the hearing officer. As a result of these developments, the city is no longer able to move forward with the case as it stands. The city still believes that it was reasonable and appropriate to terminate Mr. Cowley. We are now exploring our options as to what the next steps are in this process."

While Cowley may have his job back, Jarvis said he and city are still miles apart in deciding how much money is owed to him. She believes he is eligible to collect all the money he didn't receive since September of 2013.

The city believes that amount is approximately $104,000 in wages, according to Jarvis. But Cowley believes he is entitled to wages plus all benefits, including vacation and sick leave, which would put the amount closer to $200,000. Jarvis described the settlement discussions so far with the city as "insulting."

A hearing regarding wage settlement is scheduled for Monday.

Contributing: Andrew Adams

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