Former Lt. David Frye Put Back As Sergeant
posted September 19, 2005
A City Council committee on Monday afternoon modified punishment against former Lt. David Frye for emails to a female police officer.
Councilwoman Marti Rutherford said the actions of both Sgt. Frye and Officer April Bolton were "disgusting," but that the punishment of being demoted two levels was too severe.
Councilman John "Duke" Franklin said he agreed that the two-level demotion from Chief Steve Parks was "a bit heavy."
Councilman Dan Page had voted to upheld the chief's actions saying the conduct between the two police personnel "got out of control."
A penalty of 28 days without pay remains, but Sgt. Frye will not be on probation for a year.
Officer Bolton got a letter of reprimand.
Chief Parks said he could not retain an officer in command who had helped "create a culture where these situations occur." He said, "There has to be someone there who says Stop.'"
He called Sgt. Frye "an excellent tactical officer," but he said his actions in the case "rose to the level of sexual harassment" and "were impacting the entire department."
He said he was reduced two ranks because as a sergeant he would still be in an administrative position.
Sgt. Frye told the council members he had become friends with Officer Bolton, and he said they began trying to one up one another with emails about sexual innuendoes.
He said it was all "a joke" and he had no designs on the married female officer.
Officer Bolton said she once had to retreat to a bathroom when she encountered Sgt. Frye at a YMCA, and she said she decided to report him after getting emails with a sexual come-on, including one with his phone number in large letters.
Sgt. Frye said at the Y, he had dried off her arms with a towel since it had been raining heavily. He said he was with his young daughter when she came over to his car and beat on the window. He said she invited him to eat with her and other officers and gave him her number, but he went home with his daughter.
Sgt. Frye, a 20-year officer, said he had an exchange with Officer Bolton, and "I was always trying to beat her last comment."
He said on one occasion she sent him a jock strap with a small cup size.
He said, "She never indicated she had a problem" with their exchanges. He said on one occasion he asked her pointedly, and she said she didn't.
Sgt. Frye told council members, "Until an hour and a half ago, I thought April Bolton would stand up for me. That she didn't is one of the most disappointing things in my life."
He was asked about one email in which he referred to Capt. Vivian Hixson as "the jerk." He said he was just frustrated because she had locked up the computers.
A number of officers testified for Sgt. Frye, including Sgt. James Hogwood, who said Officer Bolton, a two-year officer, was often coming on to male officers. He said she was "trying to fit in and be one of the guys."
He said on one occasion she told him he might be receiving a complaint because she had "flashed the fire department." He said she had unzipped her shirt, though there was a vest underneath. He said, "It did not reveal any of her womanly parts."
Sgt. Hogwood told of Sgt. Frye being on the SWAT Team and taking a couple of bullets in the vest to protect other men in the squad. He said, "I can't think of a better hero."
Asked about Officer Bolton, he said he has been working with her on the alleged coming on to other officers "because she is one of my best officers."
Officer John Riddle said the first time he met Officer Bolton she asked if he and another male officer "were comparing the size of our (private parts).
He said, "I kind of figured she might be a person to stay away from."
His wife, Officer Kimberly Riddle, said there is not a culture in the police department in which women are forced to act like "one of the guys."
Officer Tim Tomisek said Officer Bolton is "very sexual oriented. I don't know of anybody that particularly likes it."
Asked by assistant city attorney Shelley Parker if he would appreciate his wife getting an email like the one sent by Sgt. Frye to Officer Bolton, he said, "I certainly wouldn't like it."
Sgts. Steve York and Pat O'Brien also testified for Sgt. Frye, with Sgt. O'Brien calling him a humble warrior. He added, "He's the best leader we had in the department at the lieutenant rank."
Sgt. Daniel Ramsey termed him an outstanding police officer.
A female sergeant said she does not believe most male officers appreciate sex talk from female officers.
Officer Pete Miller, who went through the police academy with Officer Bolton, told of her jumping in the lap of one officer sitting in the back of the room.
He said there was one occasion in which officers were being taught how rape victims do not like to discuss what happened to them. He said the president of the academy and Officer Bolton were sent out, then asked to tell about their last sexual encounter. He said the president refused to do so, saying that was private. But he said Officer Bolton talked freely about it.
Councilman Page said the actions of Sgt. Frye could have led to lawsuits against the city.
Councilwoman Rutherford said, "It's not appropriate for either sex to send their undergarments to another." Part of the Frye email asked Officer Bolton to send him the underwear she had worn for the past five days.
Councilwoman Rutherford said of Officer Bolton, "She actually started this mess."
She said, "Two capable people have really destroyed their reputations."
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