MISCONDUCT WITH 14yr OLD GIRL MAY COST SV COP'S STATE CERTIFICATION
Disciplined 5 times for other violations since July 2012
SIERRA VISTA - The state board that certifies police officers will decide later this month whether to sanction Sierra Vista police officer Alex Roy, who was fired in Oct 2015 but later reinstated on appeal in a case involving his conduct with a teenage girl.
On Monday, the Arizona Peace Officer Standards and Training (AZPOST) board released a “Case Overview Final Action” report in advance of the Aug 17 meeting at which the 13 member board will determine whether Roy maintains his certification to be a police officer in Arizona.
The report, prepared by compliance specialist Lori Tallerday, notes Roy had “an inappropriate relationship with a 14 year old female” in 2014 which included visiting the girl alone “at her residence on several occasions while on-duty” and letting the girl ride in his patrol car “without notifying dispatch” or supervisors.
Although investigators found no evidence of a sexual relationship, Tallerday concluded
Roy’s conduct violated AZPOST rules under Title 13 of the Arizona Administrative Code.
In such cases, the board may “suspend or revoke the certified status of a peace offer” for malfeasance, misfeasance, or any “pattern of conduct” that jeopardizes “public trust in the law enforcement profession.”
The board previously voted Apr 20 to consider the case, and according to Sierra Vista
Police commander Lawrence Boutte, Roy has been reassigned to the department’s
dispatch center while AZPOST reviews the matter.
If the board votes to revoke Roy’s certification, he will not be allowed to serve as a police officer anywhere in Arizona.
CCSO, SVPD INVESTIGATIONS: NO PROOF OF SEX BUT FAILED POLYGRAPH
Tallerday’s report summarized two investigations conducted by law enforcement
agencies after the girl’s mother complained about Roy to the Cochise County Sheriff’s
Office (CCSO) in January 2015.
The mother told CCSO that she and Roy were friends and that he was a frequent guest
in her house. She indicated that Roy exchanged text messages with the girl and visited her while the mother was not home, often while he was on-duty or in uniform.
Several days after the mother filed the complaint with the sheriff’s office, she filed another report claiming Roy also had sexual contact with her daughter, which the girl described for investigators.
More than a month later, the girl claimed Roy had once forced her to perform a sex act and had other physical contact with her which she had not admitted earlier. That information was shared with authorities after the girl talked about the case with Roy’s ex-wife.
In April 2015, CCSO concluded their criminal investigation. It was determined Roy would not likely face criminal charges as there was no physical evidence or independent witness to corroborate that sexual contact occurred.
Soon after, the Sierra Vista Police Dept initiated its own investigation during which Roy was ordered to take a polygraph in June 2015. Tallerday notes in her report that “Officer Roy failed” the polygraph, adding that test results showed “deception to all 4 questions asked of him” about sexual contact with the girl.
Tallerday points out in her report that some portions of the girl’s statements changed over time and the girl “eventually refused” to take a polygraph despite previously agreeing to do so with her mother’s permission.
THE OFFICER'S EXPLANATIONS
Roy told investigators he had “a close relationship” with the girl’s mother, ate several
meals with the family, and had the alarm code to the house. He admitted knowing the girl “had a crush” on him and exchanging some text messages with her, but insisted they never discussed anything of a sexual nature. He also denied any sexual contact with the girl.
According to Roy, he and the mother “had a falling out” in the days before she contacted CCSO, partly because he wanted to distance himself from her and the girl during the custody case involving his children. He also suggested the mother may have planned the misconduct allegations with his ex-wife, as the two women were friends.
The internal investigation determined Roy violated department policies by visiting the
girl’s residence on-duty without notifying dispatch, by transporting the girl in his patrol
car without notifying dispatch, and by leaving his assigned patrol area without
permission.
CITY REQUIRED TO REINSTATE OFFICER AFTER FIRING
Since 2012, Roy had been disciplined or counseled for several other violations of city
and department policy. Some of those violations involved not properly completing
investigations and reports, failing to properly report a discharge of his firearm, and
ignoring a superior officer’s instructions to stay in the “east beat” after complaints were
made of Roy being near his estranged wife’s home in the city’s west end while on duty.
Another violation involved using the department’s computer to access the Arizona Dept.
of Public Safety database for information on his estranged wife and her mother, which a
supervisor noted could have led to a class 6 felony charge had Roy’s action been
referred to the county attorney.
Documents released by the city show that once the internal review was finished, then-
Chief Tom Alinen received several recommendations from his command staff to fire
Roy. A memo advocating Roy’s ouster written by deputy chief Daryl Copp ( at the time, a commander) cited the “litany of issues” in Roy’s history, while lieutenant Christopher Hiser wrote the “totality of the circumstances” of Roy’s repeated policy violations justified termination.
Hiser also noted the potential future liability to the city (known as negligent retention) if
Roy remained on the force, while current police chief Adam Thrasher (then the deputy
chief) wrote that Roy “does not possess the decision making skills to be employed” as a
police officer.
On the Chief's recommendation, City Manager Chuck Potucek terminated Roy’s employment [Oct 12, 2015] and notified AZPOST of the circumstances. Roy appealed the termination decision with legal representation from Tucson attorney Michael Storie, who is also aiding the officer with the AZPOST case.
Retired Superior Court Judge James Riley, acting as City Hearing Officer, heard Roy’s appeal and ordered the officer reinstated with pay, minus an 80 hour unpaid suspension as punishment for the policy violations related to the teenage girl.
Though Roy was reinstated by his municipal employer, under state law that decision “does not preclude action by the (AZPOST) Board to deny, cancel, suspend or revoke the certified status of a peace officer.”
AZPOST originally certified Roy as a full authority peace officer in 2008 when he was hired by the Phoenix Police Dept. He left that agency after less than a year of service and was hired by Sierra Vista in March 2009.
When deliberating on the case, the AZPOST board can consider Roy’s history as an officer as well as any mitigating factors he and his attorney present at the Aug 17 meeting.
