Should this deputy sheriff have been arrested by me?

What kind of evidence would you have that he participated in the theft? He could have claimed that he purchased the mower from a private party – and who checks the serial numbers on every piece of used property that they buy?

Perhaps with a lot more investigation and getting the thieves to participate in some kind of sting of the deputy, where he might admit to knowledge that he was receiving stolen property, you could have made an effective arrest. I doubt that the arrest you might have made simply knowing that he had the mower would have stood up in court. It would have wasted the prosecutor’s time, caused a scandal and bad feelings with the sheriff (for not letting him handle his own dirty laundry privately) – and the evidence would have been tied up for longer awaiting trial, and the charges would not have resulted in a conviction.

This way the property is restored to its owner, the sheriff gets to handle his dirty deputy, and justice is done – even if there was no conviction.

Was your reason for not arresting him that you didn’t want him to be/feel humiliated (because he was a deputy being arrested then by a colleague)?
If so, then I think it was (a) sympathetic (gesture) of you, but in the same time also undesirable, since crooks are crooks, be they law workers or shop attendants.
In the end I think the result would have been the same for the deputy.

I think you handled it through the appropriate channels. Saved your community a trial and the sheriff’s department clearly followed through.

@john65pennington: What would you have done if IA hadn’t dismissed that deputy?

Er, hmm. You’re the former police officer, you’re more apt to know this than most of us. I believe you could have. As far as I know, if the police sees the need to arrest anyone, no matter their status, they can. Exceptions might be like, the president or something. I guess it depends on what the rules for this are.

I think you probbaly did good though, because even if the mower was there and you knew it was stolen, you’re a cop, not a detective. So it’s not like you can prove it, even if it’s obvious. Unless you catch someone making off with it or something. I don’t know dick about how any of this works, but I’ll guess you handled it right.

Symbeline, as a matter of fact, I was a detective at that time for 13 years.

I made this choice for one reason. I wanted this deputy to be terminated from his position and I could not do this. I could have sent him to prison, but internal affairs also has the power of arrest. Internal affairs terminated his position as a deputy and sent him to prison…..both.

You should have arrested him like anyone else. Sorry, but you showed a bit a favoritism there. IMO.

You did what you were supposed to do.

Frankly unless he knew the mower was stolen I don’t think he should have even been terminated from his job.

I think the presumption is that he “knew or should have known” (or strongly suspected, based on the deal he was given and the seller) that the thing was not kosher, and he acted unprofessionally. That would have been grounds for the firing.

A court case could have lasted a long time, cost a lot of money – and resulted in a not guilty verdict (because the jury could be swayed – in a criminal case – to “reasonable doubt”. This way got rid of a bad deputy, restored stolen property, dealt with the primary thieves, and didn’t cost an arm and a leg. I’d say this was a highly successful police action.