Frank Pye's Appeal

[Frank Pye]

	Senate Disciplinary Appeal Committee Disciplinary Appeal
Case Number: #2483   Montana Legislature Officer Presiding: Not sure what this means	NAME Frank Pye and Kamden State Police RESPONDENT

**DISCLAIMER: IF POSSIBLE, YOU MUST FIRST APPEAL INTERNALLY WITHIN YOUR DEPARTMENT
YOU MUST BE LISTED AS ACTIVE ON THE MONTANA STATE POLICE  ROSTER PRIOR TO DISCIPLINE (10 Hours a Week) TO PLACE A SENATE APPEAL**

Information 

Trooper's Name: Frank Pye

Organisation: KSP
Rank: CPL
Department: MAA
Badge Number (If Applicable): 306

Punishment you were given: Contract Termination 
Grounds for Appeal (Why should it be overturned): I was terminated from the KSP for a mistake that I made within my months at the KSP, I woke up at the MAA base where I was surrounded by 3 officers and a medic. When I came back into my head my weapon misfired and shot 2 times, The first shot gave me a shock and I moved and my weapon misfired again, I am not sure if this was the weapon or I pressed it on accident from the shock. I spoke to the officer and friend of mine that I shot and apologised, he accepted my apology and we went back on patrol. I spoke to everyone officer at the incident and they all understand, I would guarantee that at least 70% of officers would vouch that I carry out my duties very well over my time in the KSP. While I and Oliver were patrolling before this I had many situations where my gun misfired and that was one of the reasons for me being at the MAA Base but this happened before I could get a new weapon. Did I make a mistake? Yes. Have I carried my duties out as a police officer for the hundreds of hours on duty? I have and I think that what matters, I have worked from the bottom to MAA CPL and that took a long time that I am proud of. I think I deserve Demerit points and maybe a demotion but termination is a bit much for this. I hope that you consider my appeal and understand this from my POV. I would also like to add that I have been disallowed to talk about my case to my close friends and my ex-captain Bob Sampson for advice, This was my first case and I felt very corned to not speak to anyone and just be quite. 

Any evidence to support this: I have no evidence on my part but I think the KSP does I have not been provided with any evidence.

 

 

Have you requested reasons for your discipline (if yes, please paste them as a reply to this appeal): I have and I was told they do not need to provide me with that.

Do you know the case against you (have you seen the evidence)?: I have not been given any, I have asked.

Do you request the Montana Senate Disciplinary Appeal Committee obtain all evidence help by the government in relation to your case?: Sure 

Please link your original appeal which must have been denied here: 

 

 

[Paul Phantom]

@Frank Pye
After reviewing your case, I have decided to deny your appeal. 

You have discharged your firearm twice without due cause to do so, with the incident resulting in the incapacitation of another officer who was of no threat to yourself or anyone else. 
Although yes you have worked your way up, using deadly force on someone who isn't a threat let alone another officer is a serious offense + is termination worthy. 

If you had proof to support your claims it would've benefited greatly in the situation, I highly suggest using a Go-Pro whenever on duty. As seen in the video evidence, you move your firearm towards the officer before discharging the firearm, hence you shouldn't be pointing a firearm (loaded or not) as a LEO towards people unless you have valid reason to use Lethal Force, in such situations as this that can cause deadly harm.