Coquille PD lacks credibility part 3

It’s taken longer than planned to publish part three in this series owing in part to the holidays but also verifying information and obtaining public records can be both costly and time consuming, particularly if the reporting agency puts up an argument. (We’ll have more on that in an upcoming story).

A mandated reporter is an individual who holds a professional position that requires him or her to report to the appropriate state agency cases of child abuse that he or she has reasonable cause to suspect. In Oregon, a “…mandatory reporter who fails to report is subject to prosecution of a Class A criminal violation of the law, which carries a maximum penalty of $2,000.”

If you are a law enforcement officer failure to report possible child abuse can land you on a Brady List and or, at least in an ethical and professional police department, cost you your job.

In December 2018, Officer Clayton Makinson became the subject of a “Brady” investigation stemming from an incident that occurred in October the same year. At home and off duty Makinson overheard a heated argument between a couple living next door and went to investigate. Accounts of what happened next diverge depending upon whose report you are reading but what appears to be consistent is that a physical altercation occurred during which a minor child was present.

According to Makinson he approached the couple as a neighbor not as a police officer and informed them of this. Makinson observed wounds on both parties including a bloody lip on the male and red marks around the female’s neck and was aware a child was present in the household.

Believing he had calmed the situation Makinson then contacted Officer Justin Gray, on duty at the time, to inform him of the incident. Gray advised he was on a medical call and according to Gray’s report, Makinson assured him during a sixty second phone call, that he had handled everything and no further action was needed but because a child was present he wanted Gray to be aware in the event anything else came up. He also informed Gray that “…he would be pulling a case number and be referring it to DHS.”

On October 12, almost a week after the incident, Gray received a copy of a DHS (Department of Human Services) report indicating that both parties engaged in physical violence and that a child was present. During a subseuent interview with the couple, he learned that “Officer Makinson just said he would like to get it all figured out without getting the cops involved, and that it would probably be best if it got worked out … without the cops getting involved.” Makinson advised the couple that he was there as a neighbor and not as an officer.

DHS informed Gray on October 16 that no referral had come to them from Coquille PD and based upon the circumstances they were very concerned by this failure to report.

In a phone call Gray, now with the Bandon Police Department, stands by his account. The actual incident report is provided here if readers want to evaluate the discrepancies or veracity of each account for themselves. In any event CPD failed to report a possible child endangerment and both officers relied upon guidance from their superior, Chief Scott Sanders to manage this incident.

By late December Makinson was in the hot seat over his failure to report and concurrently a mini revolt was underway by officers in the department. In an unsigned memo that appears to be written by or on behalf of Makinson to the Fraternal Order of Police, he details a visit on December 28 at his residence with Chief Sanders. Sanders advised him that District Attorney Paul Frasier had received separate complaints from Reserve Sargeant Dave Pierce and Officer Orrin Wallace informing him that Makinson lied on his report regarding the domestic violence matter in October and further they do not trust him nor want to work around him. Similar sentiments were also attributed to Sargeant Doug Miller.

It should be noted that Sanders and Makinson are friends off duty and recreate together. According to the memo Sanders assured Makinson that Frasier had no doubts about him as an officer and that they would discuss disciplinary action against both Wallace and Pierce.

Responding to a request for corroboration I received the following email from Frasier.

Mary:

I am having a hard time remembering this. I am not finding any contemporaneous notes or memos I wrote in 2018. But this is what I think happened. Again, my memory may not be correct.

Dave Pierce (who was a reserve officer with Coquille) left a message on my phone indicating that he thought Officer Makinson had lied in a report. I do not recall what the substance of the alleged lie pertained to. As is my practice, I believe I forwarded that voice mail to Chief Sanders and asked him to look into it. After I did so, Officer Wallace came to my office and asked if I had heard from Dave Pierce. I told him I had. He then reiterated what Mr. Pierce had said in his message. I believe I passed the information along to Chief Sanders that Officer Wallace was repeating what Dave Pierce had told me.

I then queried my staff and asked if any of them had any inkling that Makinson was not truthful. None of my staff had any issues with him.

Chief Sanders eventually reported back to me that the evidence showed that Makinson had not lied in the report in question. His actions had been verified by two other officers involved and present. Dave Piece was not present and had been repeating what he had been told by Officer Wallace. Officer Wallace had not been present and his information had to have been second hand at best and was obviously wrong.

Since it was clear that Makinson had not lied in the report, I determined that the allegation by Wallace, repeated by Pierce, was not factual and did not rise to a Brady violation.

When I asked Frasier about the discrepancies between Gray’s and Makinson’s account he replied, “I have no memory of Officer Gray’s involvement in this situation.”

The Oregon Secretary of State’s Audit Division found that the Department of Public Safety Standards and Training or DPSST, the state public safety agency that certifies police officers relies too heavily on local agencies to hold officers accountable for misconduct, excessive use of force and other errors of judgment or failures of training.

Blaming a lack of funding that leads to inadequate staffing the consequence is “there is a risk that some conduct worthy of decertification goes undetected or unaddressed.”

Already, Sanders has ignored complaints filed with the DPSST regarding Makinson and allegations of him stalking his former wife, Jessica DeSimone. Here we see that Frasier has also relied upon Sanders to investigate charges against his friend and dune buggy buddy and who has already refused to address allegations of domestic violence and sexual abuse brought to the department by DeSimone.

Unfortunately, with the DPSST undermanned the public have little recourse against police misconduct if the chief of police is more interested in fattening his pension than in serving the public good.

It is worth noting that an officer’s honesty does not just affect criminal cases. A wrongful termination suit brought against the Coquille School District by Sarah Carter in which Makinson is a witness for the defense may be compromised.

Another wrongful termination suit against the City of Coquille brought by Jennifer Rose may also hurt the defense as it is relying on Brady lister, Sargeant Doug Miller.

The following video, captured on January 15^th of 2021 shows Officer Makinson, in uniform, gun drawn and skulking around the home he then shared with DeSimone behaving like he is Austin Powers. You can see DeSimone cautiously watching him through the window wondering what in the world he is doing. Later he would claim a fellow officer advised him a suspect had run through the property but a public records request for that date shows no such incident occurred. DeSimone moved out two weeks later.