Ex-New Albany mayor under investigation
England, motorist had confrontation
By Ben Zion Hershberg
"Former New Albany Mayor Doug England is under investigation by the Floyd County prosecutor after he confronted a motorist and allegedly claimed to be a county sheriff's deputy.
Prosecutor Keith Henderson confirmed yesterday that the incident is under investigation. He said he has not decided whether to file charges.
Attorney Nick Stein, who is representing England, confirmed that an incident occurred between his client and another motorist, Stein said England has asked him to speak for him about the incident.
"There is absolutely no crime here, " Stein said, adding that "this thing is blown way out of proportion."
The motorist who filed the complaint is David White of Floyd Knobs, a cameraman for WDRB-TV.
In an interview, White said England apologized during a meeting that included John Mattingly, a former aide to the ex-mayor.
White said he no longer wants to pursue legal action.
According to the complaint, made in the form of an interview with Floyd County Detective Neal Houglin, the incident occurred about 11:30 p.m. Sept. 16, when Whit was on his way home after work. He was driving a marked WDRB vehicle.
After getting onto westbound Interstate 64 at the Ninth Street entrance ramp in Louisville, he noticed another vehicle to his right, near the area where the ramp merges from two lanes to one. White said in the complaint.
He accelerated to keep from hitting the vehicle, White said, and then saw the vehicle was swerving back and forth behind him and flashing its headlights.
White said he took the New Albany exit and stopped at a parking lot on Market and Scribner streets to drop off some aluminum cans in a recycling bin. His complaint said the car that had been behind him-a maroon Honda Odyssey-pulled up beside his vehicle.
White said he and the Odyssey's driver remained in their vehicles, speaking to each other through open windows.
The driver of the Odyssey identified himself "as a Floyd County sheriff's deputy," White said his complaint, and displayed "a gold star that was in some type of dark I.D. case."
White said he recognized the man as England, whom he had photographed before.
England "was going on about how he was driving and was cursing at him and being belligerent, "the complaint said, "at one point threatened to kick his ---."
England drove away, the complaint says, when White offered to call the sheriff's department to summon a marked car.
Initially, White said, he filed the complaint because he was concerned such incidents might happen to other members of the public, including his daughter, who recently started driving.
But after being invited to a meeting with England by Mattingley, a friend of the former mayor, White said he decided not to pursue charges.
In the Oct. 7 meeting with England at Mattingly's apartment, Whit said, the former mayor apologized and said he has gotten rid of the badge.
"I think it was an error in judgement on his part," White said of England. "i don't think he will do it again."
Stein said the criminal statue for impersonating a public servant requires an intent to mislead and induce someone "to submit to false authority."
That would involve some "detrimental action," Stein said, perhaps a search or handcuffing someone. Nothing like that happened, Stein said.
"We thought this thing was taken care of among gentlemen and was over," he said. "It's embarrassing, but beyond that it's nothing."
Floyd County police Chief Frank Loop said that Sheriff Randy Hubbard gave England an honorary sheriff's ID card several years ago for his support of the department. The card bestows no police powers, he said.
"Certainly, anytime anybody misrepresents themselves as a police officer or as affiliated with the police department, we are concerned," Loop said.
The department investigated the incident and referred it to Henderson last week, Loop said."
Freedom of Speech would like to say that this article describes a person impersonating a law officer.
And...
Was not charged nor prosecuted.
The voters have a choice between...A person who was a certified Law Officer
Or...
A person who tried to impersonate a Law Officer.
Voters...you make the choice.
Vote Nov. 6, 2007
footnote: Freedom of Speech would like to know: Is this the same John Mattingly who recently was contacted about unpaid sewer and water bills totally $4,500.00?