Fraternal Order of Police blasts DA over Babka arrest

COTTONWOOD HEIGHTS -- The Fraternal Order of Police (FOP), Utah State Lodge says the way officer Beau Babka was treated by the Salt Lake County District Attorney's Office during his arrest was "appalling."

Babka was charged in 3rd District Court Monday with two counts of misuse of public money, a third-degree felony, for allegedly using his city-issued gas card to put fuel in his personal vehicles.

From the FOP statement:

"What kind of message is the Salt Lake County District Attorney's Office sending to all law enforcement when they choose to make a spectacle of a police officer's despair? As police officers, we are held to a higher standard. However, an average citizen would not lose their job, career, retirement and entire livelihood over a minor theft."

After charges were filed, the DA's office sent officers to Babka's Draper house where he was arrested. He was then taken to the Salt Lake County Jail -- where he was once the undersheriff -- and was booked and later released.

In a statement released Wednesday, the FOP said Babka had been treated unfairly by the district attorney's office.

"We believe that officer Babka should be held accountable for his actions; however, it is appalling the way Sim Gill's office handled the arrest of officer Babka," according to the statement.

It is "very uncommon" for an officer to be booked into the same county jail which they served, the FOP said. They also believe that arresting Babka in front of his wife and children at home was "uncalled for and very inappropriate for this situation."

While what Babka allegedly did is wrong, the FOP said he has served his community well for many years.

"What kind of message is the Salt Lake County District Attorney's Office sending to all law enforcement when they choose to make a spectacle of a police officer's despair? As police officers, we are held to a higher standard. However, an average citizen would not lose their job, career, retirement and entire livelihood over a minor theft," the FOP said.

Wednesday night, FOP President Chad Soffe told KSL News he feels Babka should face consequences for his actions, but he questions whether he was treated fairly.

"It is my belief that maybe it could have been a misdemeanor theft of which it would have been, in any normal citizen -- if it wasn't public funds -- it would have been a misdemeanor," Soffe said.

But Cottonwood Heights Police Chief Robbie Russo is not second guessing the district attorney's decisions. He says Babka didn't have an attorney early enough to negotiate when he could turn himself in and prosecutors are not allowed to make those kinds of arrangements with any defendant without representation.

Plus, Russo says Babka was booked into Salt Lake County because the process could be expedited.

"Sheriff [Jim] Winder and his crew would never do anything that would place Mr. Babka at risk. I'm sure they took every precaution," Russo said.

The DA's office Wednesday said it had not yet seen the statement and declined comment.

Tuesday, Gill told the Deseret News that because it was a book and release situation, he thought it would be more convenient for Babka to go to the Salt Lake County Jail rather than Davis County.

As for arresting him at his house rather than issuing a summons, Gill said his staff had received information that prompted them to take steps for the safety of everyone involved.

"We wanted to make sure a situation that was already emotional did not get more volatile," Gill said. "What I have a responsibility to do is address the situation presented to us in the most careful manner we can. Every decision we made here I'm perfectly comfortable with."

Babka is expected to resign from the Cottonwood Heights Police Department later this week. His initial court appearance is scheduled for Jan. 25.

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Story compiled with contributions from Pat Reavy, Jennifer Stagg and Paul Nelson.

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