Detroit mayor concerned by police chief's plight

BY BEN SCHMITT AND JIM SCHAEFER
FREE PRESS STAFF WRITERS

Detroit Mayor Kwame Kilpatrick said Wednesday he supports his police chief who is embroiled in an incident involving a handgun, but is unsure what action he'll take if the top cop is charged with a crime.

THE CHIEF'S FILE
What is Jerry Oliver's background?
Before being named Detroit's chief in February 2002, Oliver served as police chief in Richmond, Va., for about seven years.

His 20 months as chief in Detroit have been dotted with controversy: battling with unions over suspending officers charged with misdemeanor crimes; refusing to promote sergeants and lieutenants, citing their disciplinary histories; a federal court ordering departmental reforms, and the unpaid suspension of an officer who launched a Web site criticizing the chief.

Did he break the law by having the gun?

That's up to the judicial system, but he has not been charged. He was fined by federal authorities for not declaring the personal gun at the airport.

Michigan law allows those who are 21 and older and who pass a criminal check and safety training to carry a handgun, but with a permit. A violation is a felony punishable by a fine and up to 5 years in prison.

"I think that the chief needs to have his integrity intact at the end of the day and he needs to make sure that he can lead this department," Kilpatrick said. "And a formal charge may cause some inability for him to do that, and that's what I'm afraid of."

Wayne County Prosecutor Michael Duggan has had 11 days to consider a warrant request from Detroit Metropolitan Airport police. On Oct. 18, federal authorities found a .22-caliber handgun in Chief Jerry Oliver's baggage. Oliver checked the luggage before a flight to Philadelphia.

Oliver was fined Friday by the federal Transportation Security Administration for not declaring the weapon. The amount of the fine was not disclosed except that it did not exceed $1,000.

Prosecutors are trying to determine whether Oliver should face criminal charges because the handgun was not registered in Michigan.

Kilpatrick said, "I don't know if there's going to be any charges at this point, and I don't know if what he did rises to the level of a formal charge. And if it does, we'll have to deal with that at that point."

The gun discovery also brought to light that Oliver has not yet become a certified police officer in Michigan. However, officials with the Michigan Commission on Law Enforcement Standards said Oliver has passed most of the required tests and is close to becoming a certified officer. The chief is not required to be certified, but Oliver began the process about a year ago.

David King, a spokesman for the commission, said Wednesday the office is waiting for Duggan's decision on criminal charges before certifying Oliver.

Kilpatrick said he doesn't think Oliver should be charged, but added, "I'm biased. I'm absolutely, 100 percent on the chief's side."

Assistant Wayne County Prosecutor Rebecca Tenorio said Wednesday that a decision might not come until next week.

Oliver did not return a phone call Wednesday.