Police Chief Dennis Strow said he had no choice but to fire Sgt. Bryan Landis after two internal affairs investigations revealed he hadn’t been truthful in criminal investigations. File photo.
By Terry Witt – Spotlight Senior Reporter
A veteran Williston police sergeant was fired in October for conduct unbecoming an officer, insubordination, violating police policies and losing his credibility as an officer, according to the findings of two internal affairs police investigations.
Sgt. Bryan Landis is contesting his termination by Williston Police Chief Dennis Strow but he may have an uphill battle in light of a July 20 letter from State Attorney Bill Cervone saying he would no longer prosecute criminal cases in which Landis is a witness.
“As you know from several previous communications, my office has in the past had concerns with the conduct of Sgt. Bryan Landis of your agency as related to some of the cases presented to us involving him. Our concerns have now risen to the level where I am compelled to take the action this letter will outline,” Cervone said.
Cervone cited two criminal cases in which he said videos indicate Landis wasn’t being truthful.
On the night of April 21, 2020, while on patrol, Landis claimed he had maintained visual contact with a juvenile before stopping his vehicle.
“Upon our review of available video and other follow-up investigation, that did not happen,” Cervone wrote.
A dashboard video in the patrol car showed Landis lost sight of the juvenile’s vehicle for a time before locating the teenager’s car on another street and stopping him. Spotlight reviewed the video provided by city police.
Landis arrested the juvenile on charges of possession of marijuana with intent to sell; possession of Xanax with intent to sell; possession of Methamphetamine; possession of Alprazolam; possession of less than 20 grams of marijuana; possession of paraphernalia and possession of weapon during a felony.
The juvenile is expected to be sentenced to the light form of probation due in part to Landis providing information that he had maintained visual contact with the juvenile’s vehicle, which turned out not to be the case.
In the second incident, which took place on July 3, 2020, Landis gave sworn testimony that he did not touch a man who claimed he was battered by the officer. A cell phone video taken by the man shows Landis walking toward the man and grappling with him as the camera shakes violently. The cell phone camera recorded the incident.
“Again, from a review of available video it is my belief that this statement is not true,” Cervone said.
The incident began when the man began videoing Landis live as he was parked at the vacant Regional General Hospital. The man is heard making unflattering comments about Williston police. He said he was broadcasting the officer live on social media. Landis eventually drove over to the man’s location and told him to leave. Videoing the officer was legal.
In the video, which Spotlight reviewed, the man tells Landis to leave him alone and says he is doing nothing wrong and that he isn’t trespassing. He told the officer he was videoing the incident. Landis backed away and returned to his patrol car, telling him once again to leave the area. Landis wasn’t wearing his body camera as required by Williston police rules.
Strow said his department located the video on social media.
Cervone advised Williston Deputy Police Chief Terry Bovaird in a July 20 letter, when Bovaird was the acting police chief, that he could no longer trust statements made by Landis as a police officer.
“The credibility of a law enforcement officer must be unquestioned, not just as to each case he or she may be involved in but also throughout the entirety of their professional life,” Cervone wrote. “Ethically, I cannot call any person as a witness whose credibility I cannot assert. Moreover, I have an ethical obligation to disclose matters negatively impacting the credibility of a witness to the defense, which would then obviously be able to use that information to discredit the witness. Those requirements compel me to advise you that I can no longer pursue any case in which Sgt. Landis is a witness. I understand and regret the impact this may have on your agency but especially in the world we now live in I have no alternative.”
Bovaird said a number of criminal cases brought by Landis have been dismissed by the State Attorney due to problems with his credibility.
Strow said an independent internal affairs investigation conducted by the Gainesville Police Department found Landis knowingly provided false information concerning both incidents that were the target of internal investigations.
The police chief also said Landis was “knowingly insubordinate” when he refused to answer questions asked of him during an internal affairs interview. Landis refused to answer questions on advice of his attorney. His refusal to answer questions posed by Chief inspector Jorge Campos of the Gainesville Police Department violated a Williston Police Department rule. Strow said Landis failed to obey a direct order.
An internal affairs investigation also found that Landis wasn’t wearing his body camera on July 3, 2020, when he was accused of battering the man. Failure to wear his body camera was also a violation of a Williston Police Department rule. Whenever city police officers are engaged in law enforcement activities such as traffic stops, citizen encounters, investigations, and interviews they are required by Williston police to wear and activate a body camera to record their actions on video and audio.
Strow said the July 20 letter from Cervone, known in law enforcement profession as a Giglio letter, stays with the officer for life. It says he is no longer credible as a police officer.
“That letter for police officers is the kiss of death. Once you have lost your credibility, you have lost everything,” Strow said. “I can teach you the rules of evidence; I can school you on the law; I can school you on how to handle calls but I can’t school you on how to be truthful.”
Strow, a veteran police officer of 49 years, said he has only seen a Giglio letter twice in his career. He said the letter means the State Attorney’s office can deny all the cases brought by the officer or it can notify every defense attorney that the officer testifying against their client is untruthful.
“I had no choice but to fire him,” Strow said.
“Bill Cervone told me he takes it very seriously and as State Attorney, he can count on one hand how many times he’s written (this type of letter) and have fingers left over,” Strow added.
————
Enterprise Reporting by Terry Witt November 18, 2020; Posted November 18, 2020
