Tuesday, August 3, 2010

Constable Sergeant Fired - Conroe Courier

Howard Roden
Updated: 04.28.10

THE WOODLANDS – A sergeant with the Montgomery County Precinct 3 Constable’s Office was terminated last week after allegedly testing positive for cocaine during a random drug test.

Shane Eric Hatton, 38, of Spring, also submitted to a polygraph examination that “showed deception” when questioned about his use of the drug during an internal investigation conducted by a Precinct 3 officer, according to documents obtained by The Courier through an Open Records request.

Hatton was discharged from the department April 20, according to the documents. He also surrendered his state license as a peace office.

Precinct 3 Constable Tim Holifield told The Courier Wednesday he has a total of two resignations and one termination in his department since the first of March, a number that includes Hatton.

Hatton has until Tuesday to file a grievance with the county regarding his dismissal, Holifield said. While he declined comment on “what may become a pending matter,” he said he has “no tolerance” for drug use in his department.

Several attempts to contact Hatton through an acquaintance were unsuccessful.

Hatton submitted to drug testing April 6 and was notified two days later the results came back positive for cocaine. Hatton requested a different lab to test the “B” – or second – specimen he provided. That sample also tested positive for cocaine April 14, according to county documents.

Chapter 3.2-10 of the Montgomery County employee policy manual states employees “who ... test for alcohol or controlled substances are subject to immediate termination of employment.”

In a statement issued to Precinct 3 Lt. Mark Pemberton April 8, Hatton said he was visiting his girlfriend’s parents’ house Easter weekend when his girlfriend’s mother handed him a “small, clear bag” containing a white, powdery substance.

“(She) asked me if I knew what it was,” Hatton said in the statement. “I looked at the substance and handled it with my bare hands. It appeared to have the consistency of baby powder.

“I then smelled the substance, which was on my fingers by placing it less than an inch from nose, but it had no odor.”

Hatton said he continued to handle the substance for “several minutes” before he told the woman he did not know what it was.

“I advised her that the best thing to do would be to dispose of it, to which she agreed. I then flushed the substance and the bag down the toilet,” he said.

Hatton said he started feeling ill on the evening of April 2, like he was coming down with the flu.

“My girlfriend had a prescription of Amoxicillin and told me to take them as prescribed. It would help me get over it faster. I took the pills several times a day, every day until the evening of Monday, April 5,” he said in his statement.

On April 16, Pemberton reported Montgomery County Human Resources Director Dodi Shaw advised by e-mail that the Medical Review Officer had not provided a statement or letter regarding his findings, but would testify that “neither taking Amoxicillin and the smelling and handling of the powdery substance on Easter could have caused a false positive result in this case.”
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