Deputies plead guilty to neglect

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More on the Soffredine case

May 4, 2010

Sillers and Noffke both on paid leave until hearing scheduled for Thursday

BY BRIAN McGILLIVARY and ALEX PIAZZA ---- The Record Eagle Tue May 04, 2010, 07:36 AM EDT

TRAVERSE CITY — Two Grand Traverse sheriff's deputies soon will learn their professional fate after they admitted neglecting their duty during an off-duty city police officer's early-morning car crash.

Deputies Robert William Sillers, 29, and Mark Robert Noffke, 25, pleaded guilty Monday in 86th District Court to neglecting to perform the duties of a public officer, a criminal misdemeanor punishable by up to 90 days in jail.

They admitted they failed to investigate Joseph Soffredine, an off-duty Traverse City police officer who missed a curve on Cedar Run Road in Garfield Township and slammed into a wooded area on Feb. 7 around 3:20 a.m.

Sheriff's officials on Monday placed Sillers and Noffke on paid leave until an internal sheriff's department disciplinary hearing scheduled for Thursday.

"There is a myriad of options available to us — from nothing, which is highly unlikely, up to and including dismissal," said Undersheriff Nathan Alger. "Based on what we've seen from our investigations, if we have the facts correct regarding policy violations, discipline is certainly warranted."

A passing motorist reported the accident about 3:20 a.m. on Feb. 7 and noted Soffredine repeatedly revved his engine in an attempt to escape the snow-filled ditch. The attempts eventually ignited a fire in the engine compartment.

Sillers and Noffke did not administer field sobriety or preliminary breath tests on Soffredine, nor did they cite Soffredine for driving with expired license plates. A deputy drove him home while firefighters extinguished the blaze.

County Prosecutor Alan Schneider last month charged Soffredine with drunken driving stemming from the crash.

Sillers and Noffke reached plea deals with Schneider late Friday, and in doing so avoided a potential felony charge of misconduct in office or any further charges.

The plea and immunity from further prosecution allows Schneider to call the deputies as witnesses if Soffredine goes to trial.

Schneider said he decided against a misconduct charge because it generally involves more than one incident of wrongdoing. He said he presented strong evidence to the deputies' attorney, which likely led to their decisions to enter guilty pleas.

Soffredine spent more than five hours in three bars before the accident, according to a sheriff's department investigation. He entered the House of Doggs restaurant about 2 a.m. on Feb. 7, where video from a security camera captured images of him swaying before he grabbed a man by the shirt and pushed him backwards.

Several witnesses said Soffredine smelled of alcohol, slurred his speech, and had trouble standing.

"The way he left the roadway, ... the way he tried to extricate his car, all indicated impairment," Schneider said. "(Sillers and Noffke) ignored that evidence and under normal circumstances would have and should have investigated to determine if he was intoxicated."

Schneider said he believed the only reason they didn't investigate was because Soffredine was a police officer.

Sillers confirmed it in court Monday.

"We failed to investigate further because he was a Traverse City police officer," Sillers said.

Noffke also told 86th District Judge John D. Foresman that he responded to Soffredine's crash, but "failed to further investigate."

Foresman rejected the deputies' request that they be immediately sentenced, and scheduled sentencing for May 25.

Noffke refused to comment as he exited the courthouse, and forwarded all questions to the pair's attorney, George J. Mertz.

Sillers and Noffke pleaded guilty because they understand they did something wrong, said Mertz, assistant general counsel for the Police Officers Association of Michigan.

"They want to take responsibility for this," he said. "They made one mistake. They're willing to pay the consequences for that."

Alger completed the sheriff's department internal investigation more than a month ago, but Sheriff Tom Bensley last week said he wanted to see what course Schneider would take and how the deputies would respond.

"They're our employees and we should have the last word," Bensley said.