Fort Worth police say fired officer was drunk, but ex-cop says firing was political
A police officer called rude, unprofessional and drunk was fired a week before Christmas for being intoxicated while off-duty, according to Fort Worth Police Department documents.
Chad Kingston, now an ex-Fort Worth police veteran who had more than 10 years’ experience with the department, argued about his bar tab at the River Ranch Stockyards event center and told employees that he was not going to pay it, police said. Kingston eventually paid the bill and was taken away from the venue by a member of his party.
That was after an off-duty Fort Worth police officer working security at River Ranch told Kingston that he needed to pay the bill and then leave, according to documents from the police department internal investigation obtained by the Fort Worth Star-Telegram.
But Kingston said the officer working security for the event, Ralph Salazar, never said he had to pay his tab and leave, according to a transcript of Kingston’s interview with an Internal Affairs detective. Throughout the interview, Kingston disputed the idea that he was drunk during or after the event and told investigators that both police officers and civilian witnesses said they didn’t believe he was intoxicated.
Kingston told the Star-Telegram on Wednesday that he plans to appeal his firing. His attorney, Terry Daffron, said she is dismayed that with all the evidence to the contrary, police officials concluded that her client was intoxicated.
“The evidence is inconclusive,” Daffron said.
What was described as a verbal altercation occurred while Kingston, another officer and two civilians were attending the Fort Worth Police Foundation Awards Dinner at River Ranch on June 27.
River Ranch employees said later that Kingston was unable to stand upright, was irate, had droopy eyelids and slurred speech, and was not making eye contact with River Ranch staff. Kingston also used profanity in the presence of River Ranch staff, police documents allege.
‘You’ve had your third chance’
Kingston, who was hired by the Fort Worth Police Department on Aug. 1, 2008, was fired by Police Chief Ed Kraus on Dec. 18, a week before Christmas.
Kraus told Kingston during an interview that he used an internet tool called a BAC [blood alcohol concentration] calculator for his analysis, according to an audio recording of their conversation. The BAC calculator is not official and is not admissible in court, but is used by police to show a person’s BAC during certain investigations, Kraus said.
“I pulled four or five at random, and they all showed that a 150-pound male who drank four glasses of wine and one shot of liquor over a three-hour period would have a BAC of between .1 and .13, and that’s over the legal limit to drive right,” Kraus told Kingston. “Typically what we use is .08 as to whether somebody is intoxicated or not.”
Taking into consideration the number of people who said Kingston was intoxicated and the amount of alcohol that was consumed in that short a time, “I think the preponderance of the evidence would show you were probably intoxicated,” Kraus said.
Capt. J.K. Driver said the River Ranch incident followed Kingston receiving a two-day suspension and a nine-day suspension, both in 2015, according to his written report of the investigation. Each of the incidents contained a sustained allegation of being intoxicated while off-duty. A third sustained allegation of off-duty intoxication required a suspension between 11 days and firing, Driver wrote.
Kingston commented that he was surprised that he kept his job after the second alcohol-related off-duty incident occurred, Kraus said, according to audio of their interview.
“I will tell you right now a large reason why you kept your job there was because of your reputation and the work you do,” Kraus said. “Your work ethic certainly plays into consideration. You not only got a second chance, you got a third chance.”
Kraus also reminded Kingston that he had taken alcohol counseling classes as a condition of his suspensions and said he had quit drinking, at least outside his home.
“I was surprised to hear you say that because we’re here now because of an incident involving alcohol,” Kraus told Kingston during what turned out to be an exit interview. “You said the last few years have changed my whole lifestyle. You said you don’t go out anymore. You stay home and drink.
“The conclusion I’ve come to is that you’ve had your chance, you’ve had your second chance and you’ve had your third chance and I’m not willing to keep you on and give you a fourth chance.”
‘The stress is still there’
There was an agreement between the people who accompanied Kingston to the police foundation awards dinner that the bill would be on his tab.
The bill ended up being more than $240. Kingston asked for an itemized receipt after the bill arrived and after saying that he thought he had been overcharged, most likely in error.
Kingston told an investigator with Internal Affairs that he was estimating the tab and believed the bill was $100 more than it should have been. Later that night, the bill was recalculated and it turned out he was overcharged, but not by $100.
Each River Ranch employee interviewed by investigators said that they believed Kingston was intoxicated, according to police. But Kingston told an investigator that he was not intoxicated and went out of his way to be nice to the staff because he was at a police function. Kingston also said he and his date for the evening took an Uber to the event.
Members of Kingston’s party also said the police officer was not intoxicated, that a River Ranch staff member was defensive and that Kingston was polite during their interactions.
According to Fort Worth Police Department rules, being intoxicated while off-duty is a violation. Kingston’s behavior could result in the department being viewed unfavorably, a Fort Worth Police Department Internal Affairs document stated.
Kingston challenged the department’s findings concerning the incident, saying the investigation was flawed and that he was not sure how he should have responded. Kingston said the department should have prepared him better and guided him through the process before his meeting with the chief.
“I was so upset about this complaint, mostly anger at first, but then stressed, and then depressed where I didn’t get out of bed for days,” Kingston said in a synopsis he prepared for the investigation. “I don’t want any other officer to go through a bogus complaint and feel like I did, helpless.”
Kingston complained that the investigator presented only 47 minutes of video when four hours from different camera angles was available. Kingston stated that negative connotations were used when questions were asked.
Kingston also said that the investigator’s report did not match witness statements with what was shown in the video and at times, reported the opposite of what witnesses said.
Salazar, the Fort Worth police officer who was working security during the event, told investigators he saw Kingston drinking and believed he was intoxicated, but said nothing because there were no issues at that time.
Kingston was arguing with the bartender, the general manager, the service manager and the event coordinator, saying he was not going to pay his tab, Salazar told investigators. Salazar said he told Kingston that he could return to the bar when he was sober and discuss the bill, but that tonight he had to pay and then leave.
“Officer Salazar stated that Officer Kingston turned to him and stated, ‘Really, Salazar?’ to which Officer Salazar replied, ‘Yes, really,’” police documents said.
It was embarrassing to be called out, to have his authority challenged, by another officer, Salazar said to the investigator.
During his interview, Kingston said he did not remember Salazar telling him that he had to pay his bill and then leave, nor did he remember saying he was not going to pay his bill.
Kingston also told the investigator that he was accused of stealing a case of beer that he had won during a raffle. The stealing accusation was yelled across the room so loudly that the security officer came from another room to check, Kingston said.
“I mean, this stuff makes you question whether you want to keep being an officer or not,” Kingston said. “Because no matter how hard you work, it can be — I mean, just — some of the officers they got fired or disciplined for something that I didn’t think they did wrong. I mean, like, you know, the Sergeant — I mean, I — I’m taking a, you know, a year and half to get your job back. But they don’t understand like how much stress is put on us. Whether it’s true or not true, the stress is still there.”
A negative review
Deputy Chief Michael Shedd reviewed the incident and recommended a 15-day suspension with alcohol counseling, saying that there were 28 drinks served to Kingston’s party of four, and allowing that Kingston may have consumed more than the five drinks he admitted.
Two officers and bar staff said they believed Kingston was intoxicated, Shedd wrote in his recommendations. One officer Shedd said he interviewed said Kingston spilled a drink on him while giving him a hug.
“Officer Kingston’s conduct was brought to our attention by an outside source after reading a post on the internet,” Shedd wrote. “The ensuing complaint reached the attention of our very own Awards Foundation and was initially reported to an assistant chief.”
Kingston admitted posting a review of River Ranch that was negative and not completely factual, according to Driver.
Kingston posted a negative review for River Ranch Stockyard on a Google website, claiming that he had been cheated by staff, had been charged for four drinks every time two were ordered and that anyone going there should ask for an itemized receipt, Driver wrote.
But Driver also recommended a 15-day suspension and alcohol counseling.
Kingston said he was out of line when he made the public post concerning how he was treated by River Ranch employees, according to the synopsis he prepared for police staff. What made him most upset was the accusation that he was stealing a case of beer that he won in a raffle, Kingston wrote.
“That she didn’t even ask me about it, just accused me of stealing it,” Kingston said. “I think this incident is what made me go back and write the review.”
Kingston said that in hindsight, he would not have written the review. But Kingston also said that he could not believe that Internal Affairs investigators and police command staff were being used to stifle what he characterized as his freedom of speech.
“This is all politics about the post,” Kingston said. “Using internal affairs to intimidate me about a freakin’ post.”
And then later Kingston said; “And there’s just too many politics involved. It seems like they — once they get in the chain of command — the uppers they spend more time trying to beat you down than help you out. This should have never been a fricken’ internal affairs investigation. Definitely won’t be attending anymore police functions at all.”
This story was originally published January 13, 2020 at 5:00 AM.
