Unheralded

TOM DAVIES: The Verdict — The FPD ‘Ambush Railroad’ Is Back In Business

It seems like it’s been a lifetime since Chief Keith Ternes of the Fargo Police Department was ambushed by FPD brass, resulting in his retirement. My own view was that he was treated unfairly and railroaded by those who could have assisted him in improving the operation of the department. But such is not what happened, and history cannot be changed.

Last month, Fargo Police Chief David Todd announced the firing of officer David Boelke, a 15-year veteran of FPD. Todd “carefully reviewed the facts,” according to news accounts, and concluded that the claims of Boelke’s not filing reports; lacking empathy; being disrespectful toward the department; and GPS data that showed he did not go to locations he said he did on the dates indicated, all were confirmed.

I have known David Boelke professionally and seen and observed him as an officer for 10 of his 15 years of service. Because of illness, I resigned as Fargo municipal judge five years ago, so I have had no personal experience with him during that time.

I do know that if I had a dollar for each officer who missed a court date on a traffic matter during my years as a judge, I’d have a great savings account today.

I have not spoken personally to Boelke or his lawyer, Mark Fraase, about his firing from the police department and his appeal, but my 45 years on the bench —  if nothing else —  taught me how to gauge and judge people.

As to honesty, I cite Boelke’s self-reporting of a failed court appearance. That was not the act of someone who is not truthful … but it put the Ambush Train right back on the tracks.

A 15-year veteran of the police force, past president of the Fraternal Order of Police and four-time winner of lifesaving awards, he garnered and still has the support of the North Dakota Fraternal Order of Police. He is also married with children.

The GPS systems that the FPD Ambush Train relied upon in making its case have been shown to be inaccurate and not trustworthy. While Officer Boelke acknowledged he failed to file some proper reports (an act of truthfulness), the general charges brought against him by the Brass Hat Railroad would not hold up in a court of law. He passed a stringent lie detector test; while not admissible as evidence in court, that sure as hell says something to John Q. Public, whom the Brass-Hat Railroad is supposed to serve.

Boelke and his lawyer have appealed his firing to the Fargo Civil Service Commission. I can only hope and pray that they do not rubber-stamp this unholy action by the police department. Remember, this whole mess was triggered by an act of self-reporting a missed court appearance. The message the Ambush Railroad brass are sending is, “Don’t be honest. It can get you fired.” That’s just not right.

One of the Ambush Railroad folks, presented with evidence that the GPS system in FPD cars was not accurate, had no response! In Mark Friese, Boelke has one of the finest attorneys anywhere. Friese is a lawyer, husband and father, a military man and a former police officer himself. He knows what he’s talking about. In this case, he is outraged. But sometimes when city politics are involved, it’s like tilting at windmills or urinating into the wind.

I’ve observed this attorney since he started his practice in Fargo. When Judge Ralph Erickson is confirmed as a judge of the 8th Circuit Court of Appeals, it is my fervent hope that Friese will be appointed to the federal district court bench to replace Judge Erickson.

Lest there be any misunderstanding, I know that most FPD employees are outstanding people who do their jobs, and do them very well. But when one person who admits to disliking Boelke is put in charge of investigating him, and also happens to be the one who recommends his firing, you have to wonder about the integrity of the investigation and those who order and do it.

I’m old-fashioned, I guess, but my years of dealing with people of all types tells me this man is not a liar. He does tell the truth. Even if the Civil Service rubber-stamps the Ambush Railroad, they must in good conscience strike the allegations as to the officer’s truthfulness and honor. To fail to do that at a minimum prevents him from obtaining law jobs in the future.

I find it odd that only a few months earlier, when Boelke was applying for another position (that might now be in jeopardy as well), the Fargo Police Department gave him a glowing report —  no problems. Then it pulls this dead fish out of their hat and drop it on an honorable man. Shame on those who did this to him!

* * *

Speaking of lying and mistrust, I have to mention our Idiot in Chief, POTUS 45.

After telling the DACA subjects they would not have to worry, he —  like every promise he’s made before —  turns it into one damned lie. He says one thing to get elected. Once in office, he does the reverse. His core followers are so damned stupid they just don’t care.

Integrity is important in the office and the one who occupies it. We cannot have one standard for white people and another standard for everyone else. Yet our elected leader lies. He cannot tell the truth.

Now 45’s minions have announced an end to DACA … his most evil act up to now. While he performed his photo op in Texas, where so many people have been harmed, he bragged about the size of his crowds as though he doesn’t fathom the pain and hardship the people are enduring. Meanwhile, his wife struts around in spike heels.

All of the video coming out of Texas rescues is absent any racial problems. People of all ages, colors and creeds are helping each other. Aid is pouring in from people from all over the. And yes, many of those needing help —  and many who are helping —  are the very same childhood arrivals whose presence is guaranteed by DACA.

Our racist-in-chief cannot seem to insult enough people; now he’s adding whole countries to his list. He idly threatens North Korea and at the same time chides our ally, South Korea. He has angered Great Britain, France and Mexico as well. He likes turmoil and can’t understand the personal harm he does to our country, its inhabitants (both legal and otherwise) and to nations abroad.

But the Robert Mueller investigative train has been overhauled and is rolling down the tracks with new employees and instruments of political war. Soon 45 may be writing a letter to his successor, not like the measured, professional one he received from President Obama as his term began.

The letter from 45 will read: “These federal prisons aren’t all they are cracked up to be.” Amen.




2 thoughts on “TOM DAVIES: The Verdict — The FPD ‘Ambush Railroad’ Is Back In Business”

  • Old Gym Rat September 6, 2017 at 5:03 pm

    Judge Davies, My experience as a deputy sheriff and as a lawyer leads me to have little trust in the honesty and personal integrity of police officers. It is very questionable when it comes to testimony concerning accused perps as many police think if the accused is not guilty of the specific offense charged they are guilty of other offenses not provable.

    Reply
  • Trent Blum September 8, 2017 at 10:06 am

    Chief Todd doesn’t know what he is doing! Look at everything that as happened in Fargo!! Bring Ternes back!!!

    Reply

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