Grand Jury: No Cover-Up By Bristol Twp. Police; Township Manager Calls Report ‘Hatchet Job’

Despite what the township manager has claimed, there was no police cover-up in Bristol Township, according to a grand jury report.

On Thursday evening, Bucks County District Attorney David Heckler released a 37-page grand jury report that outlined ways Township Manager Bill McCauley took advantage of an unfortunate incident involving a vehicle crash caused by a police officer who was drinking – but not intoxicated – trying to harm the career of some department members.

“We find the behavior of William McCauley unethical,” the grand jury wrote. The also described his testimony as “utterly without credibility” and raised concerns over his role to oversee some aspects of the police department.

Late Thursday night, McCauley said the “majority of Council tells me that they want me to continue in my official capacity.”

The grand jury, which was kept secret until Thursday, decided not to charge anyone in connection with the investigation.

“We, the grand jury, specifically find that there is absolutely no evidence whatsoever of any cover-up by any of the involved Bristol Township Police Officers, and that all of these officers should be fully exonerated, not only pursuant to criminal investigation, but also as it is related to any possible administrative action,” the grand jury wrote.

The report by the panel found McCauley’s allegations were motivated by a dislike of the officer involved, “rumor and unsubstantiated claims,” and a rush to judgement. Following testimony, the grand jury found the township manager did not fully read police reports related to the incidents or fully hear witness accounts.

The grand jury report and sources inside Bristol Township government and police have told LevittownNow.com the latest problems were sparked after McCauley found out Sgt. Kevin Burns crashed his pickup truck into a parked car in Levittown while he was off duty in the early morning hours of November 29. Township patrol officers responded to the Kenwood Drive South scene and asked their supervisor to come out as they realized the driver of the crashed vehicle was a supervisor in the department. According to testimony, other high-ranking officials in the department were alerted and said the sergeant on the scene should handle the investigation.

Burns, who was granted immunity from prosecution in his grand jury testimony, admitted to drinking during several events in Bristol, Levittown and Philadelphia before the crash, but he did not appear to be too intoxicated to safely operate a vehicle, according to numerous Kenwood Drive South residents – including the person whose vehicle he struck – and police at the scene. The testimony showed that 5-foot-8, 260-pounds Burns had six or seven beers and ate several times throughout the hours leading up to the crash. According to the report, Burns did initially lie to a sergeant about a beer can found next to his vehicle.

Sgt. Thomas Gaffney testified before the grand jury that Burns admitted to drinking prior, but the veteran officer did not see any signs Burns was intoxicated to an extent that would have contributed to the crash.

Burns told Gaffney he was tired and must have feel asleep for a moment before the wreck, according to testimony. The officer was not hurt.

Once McCauley found out about the crash, he used it to allege there was a cover-up by a half-dozen officers, which the grand jury said happened “without a shred of evidence.” He also launched his own investigation and hired a lawyer he has known for years to lead it “at taxpayer expense.” According to testimony, the District Attorney’s office only became aware of the incident after Godzieba informed them after the township manager refused to let police conduct and internal investigation.

“Why would any township manager, believing there was a police cover-up of a crime committed by an off-duty police officer, not notify the District Attorney’s Office or the Attorney General’s Office, so that one of them could investigate these very serious allegations of police corruption?” the grad jury questioned.

In a memo to former Acting Chief of Police Lt. John Godzieba in the days following the crash, McCauley accused him of a cover-up and told him to “immediately inform me of any crimes committed by members of your department that are covered up by you and/or your subordinates,” the report reads.

Within a month of the crash, Godzieba, who served in that role for 14 months, returned to his regular position at McCauley’s order and Sgt. Ralph Johnson was appointed acting chief. Johnson was McCauley’s “hand selected” choice to run the department, which has been without a permanent chief since James McAndrew retired in July 2014 after a long medical leave.

After hearing testimony for those involved, the grand jury scathingly wrote McCauley appointed Johnson to the acting chief position because he would be his “yes” man. They also noted that they felt Johnson, who has served with a federal task force and as a patrol officer tasked with dealing with community groups, might be “politically sensitive” to the township manager.

“Kevin Burns is outspoken and Bill McCauley didn’t like that. He wanted his guy in the chief’s job,” one police source with knowledge of the situation said in late December. “That’s the reason for what your seeing now in the department and Ralph’s appointment.”

The grand jury found that Johnson was not as qualified to run the department as Godzieba. The also stated McCauley worked to “tarnish” the career and character of Godzieba, Lt. Terry Hughes and Lt. Guy Sava, who retired recently. The grand jury said they believe these moves were made so McCauley could get “his candidate,” Johnson, into the role of leading the department.

Even during testimony, the grand jury noted McCauley continued to imply a cover-up happened and that Burns was intoxicated. The report also notes McCauley said Godzieba would not be in the running for the director of public safety job because “he could never hire someone who doesn’t have the integrity and courage to take appropriate action in an incident such as Sergeant Burns’ accident to the lead the department.”

Several officials inside the department and close to council said McCauley has wanted to appoint Johnson as the township’s top cop since McAndrew went on medical leave in 2013. When rumblings of the move first came to light in summer 2013, police throughout the county began talking about the alleged plan, which would have a sergeant jumping past three qualified lieutenants to lead the department. However, according to McCauley, Godzieba was appointed to run the department during the interim by McAndrew before his leave.  McCauley has claimed before that Godzieba was put into his job as acting chief illegitimately.

Since McCauley took office in 2012, he has had a rocky relationship with police. Both sides have taken shots at each other and McCauley has said the most recent police contract was letting the “inmates run the prison,” citing the generous benefits and other terms put forward by an arbitrator. McCauley has notably worked to improve Bristol Township’s financial situation and improve township infrastructure by paving roads, fixing the aging administrative building and upgrading the public works complex.

Since Johnson was appointed acting chief, the command staff at the department has been working in shifts as opposed to business hours with on-call responsibilities. The grand jury found the shift changes were directed by McCauley, which led the grand jury to question if McCauley or Johnson was running the department.

“I don’t like to politicians stick their noses into police departments,” Heckler told LevittownNow.com on Thursday night. “No good ever comes of it.”

As the dust settles, it is unclear of what will happen in the department’s command structure, but McCauley will continue to lead the township.

“As a result of being honest and doing my job, I have been subject to a character assassination and total hatchet-job that is the Grand Jury Report,” McCauley said in a statement released to the media. He also called Bristol Township  a “political cesspool for at least 40 years.”

As of Thursday night, several officials including Godzieba and Johnson declined on-the-record comment but confirmed they received the grand jury report and were reviewing it.

Click here to read the full grand jury report

Here’s is McCauley’s full statement:

Bristol Township has been a political cesspool for at least 40 years. I accepted the job of trying to clean-up the mess of corruption, incompetence, and mismanagement in January 2012. The most amazing thing I have observed and experienced is the amount of resistance to my instilling integrity and ethics into the local government and complete lack of support from so many varied parties.

The Grand Jury Report clearly explains why I did not go to the District Attorney’s Office upon learning of the possible cover-up of a DUI by a Sergeant in the Bristol Township Police Department. I had the audacity to question why a Township employee, after drinking for at least five hours at three different locations and smelling of alcohol, was not given a field sobriety test. I was disappointed that the on-call Lieutenant did not respond to the accident, but alas the Sergeant had been drinking at the Lieutenant’s party earlier that evening. I simply did my job and initiated an administrative investigation, NOT a criminal one, because I knew the DA would not do anything about this matter.  Trust me when I tell you that something stinks in River City!

The Sergeant in question ran into a parked truck at 12:55 AM after a long night of drinking. Upon opening his door, a beer can fell out of his car. As a result of being honest and doing my job, I have been subject to a character assassination and total hatchet-job that is the Grand Jury Report.

The Bristol Township Council is the finest legislative body I have had the privilege of working for in a 36 year career. I assure you that I will not allow the District Attorney to stop me from performing the duties and responsibilities of my job as long as a majority of Council tells me that they want me to continue in my official capacity.