Forced to retire? Lieutenant involved in arrest of sheriff’s brother files suit

In the early hours of Nov. 6, 2022, deputies with the St. Clair County Sheriff's Office were dispatched to assist Port Huron police with a drunk driving incident.

The traffic stop might have been like any other for Lt. Scott Jones, if not for the fact that the driver happened to be his boss' brother and a deputy under his supervision.

Just over a month after Jones had Marc King taken Lapeer County Jail on a charge of operating a vehicle while intoxicated, Sheriff Mat King announced Jones had been placed on administrative leave and would be retiring from the sheriff's office effective Jan. 21.

"(Jones) has turned in all of his equipment and will not have access to this building, except as a citizen," Mat King wrote in the email, dated Dec. 14, 2022.

On July 30, Jones filed a federal lawsuit against Mat King and the St. Clair County Sheriff's Office alleging he was forced to retire for reporting to St. Clair County Human Resources about Mat King's involvement in transferring Marc King from the Lapeer County Jail to St. Clair County.

Gary Fletcher, the attorney for St. Clair County, said Jones' lawsuit is "without merit."

The lawsuit claims Jones was the subject of an internal investigation after news and details of Marc King's arrest was shared online, and that he was accused of leaking information about an ongoing investigation. Jones argues he was forced to retire because of the investigation.

"The Plaintiff’s involuntary retirement from a position he worked so hard to attain cost him hundreds of thousands of dollars in lost constitutionally protected pay and benefits had he not been forced to retire," a copy of the complaint filed in the case states.

When asked about the lawsuit, Mat King said he was limited in how much he could comment or respond, saying that he had acted in 2022 only after discussing the matter with St. Clair County attorneys after learning of potential violations of sheriff's office policies.

The lawsuit was filed exactly one week before voters are scheduled to head to the polls for the election between Mat King, the incumbent sheriff, and his primary opponent, Yale Police Chief Warren Head.

Jones denied that he leaked anything about Marc King's arrest. He also denied that the lawsuit filing was timed to influence the election, saying it was filed only when his attorney, Harold Perakis of Ihrie O'Brien Law, was ready to proceed.

What does the lawsuit state happened when Marc King was arrested?

Marc King was originally stopped on Nov. 6 by a Port Huron Police Department officer who had seen him swaying over the median line on one side of his lane and into gravel on the other. The stop occurred sometime before 1:30 a.m.

A breathalyzer test found Marc King had a blood-alcohol content of 0.183, according to the lawsuit. Marc King told his colleagues he had two beers and a shot at a local bar before driving.

Jones' lawsuit states he decided to send Marc King to the Lapeer County Jail rather than the St. Clair County Jail. The complaint says he called Undersheriff Jim Spadafore and Capt. Matt Pohl around 2 a.m. to inform them that the sheriff's brother had been arrested.

The complaint alleges Mat King called Jones around 4:03 a.m.

"Defendant Sheriff King wanted to know why he hadn’t been notified," the lawsuit states. Jones said he had called Spadafore and Pohl, but neither had called him back.

"Plaintiff Lt. Jones further explained that he did not call Sheriff King because it would have been a conflict of interest since Deputy King is Sheriff King’s brother. By not contacting Sheriff King, Plaintiff Lt. Jones was keeping Defendant Sheriff King from being exposed to such a conflict of interest," the lawsuit states.

The lawsuit alleges Mat King told Jones over the phone that he needed to "unf**k" the situation, and that a St. Clair County deputy was headed to Lapeer County to transfer Marc King to the St. Clair County jail.

In a report included as an exhibit with the lawsuit, a St. Clair County Sheriff's deputy wrote that Mat King had ordered them to transfer Marc King from the Lapeer County Jail to St. Clair County jail. The deputy wrote that Marc King was kept under supervision until about 9 a.m., when a breathalyzer reportedly indicated his blood-alcohol content had dropped to .03 as required by law and he was released from jail.

Marc King was later charged with operating a vehicle while intoxicated. He pleaded guilty and was sentenced to 93 days in jail, which was suspended. He is still employed at the St. Clair County Sheriff's Office.

What does Lt. Jones claim happened after the arrest?

Jones' lawsuit accuses Mat King of treating his brother favorably and of using his position to help Marc King avoid a longer stay in jail.

According to the complaint, Jones called St. Clair County Human Resources director and met with her on Nov. 14 to disclose what had happened and to state he believed Mat King had asked him to break the law when telling him to fix the situation.

Jones alleges he was contacted by Spadafore on Nov. 15 telling him they needed to schedule a meeting. Jones said he called Pohl on Nov. 16 and Pohl told him they wanted to ask him a few more questions about the incident with Marc King.

According to the complaint, Jones asked Spadafore and Pohl to meet him at the human resources office rather than the sheriff's office.

The complaint states Spadafore accused Jones of insubordination and asked him who he talked to besides human resources.

"Based on Plaintiff Lt. Jones’ nearly thirty-five years of law enforcement experience, it became clear to Plaintiff that his superiors in the Sheriff's Department’s command structure were frame-working an investigation against him," the lawsuit states.

Six days later, on Nov. 23, Pohl sent Jones an email stating there was going to be an internal investigation into how details of Marc King's arrest were shared on social media.

"I have been instructed by the Sheriff to open an internal investigation into those involved in the arrest to determine if any violations exist in their Standard of Conduct or Loyalty towards the department," Pohl wrote in an email to Jones. "Please make yourself (available), upon request, for an interview."

An interview was reportedly scheduled for Nov. 30, though details of what happened during that interview were not included in the lawsuit.

The lawsuit complaint states a representative of the sheriff's office union contacted Jones on Dec. 9 telling him a deadline had been set for Dec. 12 for Jones to retire, and that if he didn't he would face a disciplinary hearing on Dec. 14.

"(W)e need to go inside, exchange the retirement letter for whatever Sheriff King has, not to say anything to jeopardize the offer and get out!” the lawsuit says Jones was told by the union representative.

Fletcher, the county attorney, said Mat King had reached out to him during the internal investigation.

"Sheriff King was aware Scott Jones had filed for retirement and the Sheriff asked me if he could offer Scott Jones paid leave until his retirement as opposed to finalizing the internal investigation and potentially taking disciplinary action," Fletcher said in an email.

Fletcher said he told Mat King it was up to him whether to to make the offer to Jones.

"To my knowledge, Sheriff King paid Lt. Jones until his retirement without any impact on his leave bank or vacation time meaning no disciplinary action was taken," Fletcher said.

According to Fletcher, county records show Jones first requested the retirement paperwork from St. Clair County Human Resources on Nov. 19, four days after the arrest of Marc King and 13 days before he was notified about an internal investigation.

Jones confirmed he contacted St. Clair County Human Resources on Nov. 10 and met with them on Dec. 9 to discuss retirement in person. Jones said he only asked for the paperwork for retirement, and that he wanted it ready in case he was fired. He said he did not intend to retire.

"I knew before I spoke with HR on (Nov. 14th) I needed to have an escape plan," Jones said. "I knew they were going to retaliate against me."

What does the lawsuit accuse Sheriff King of doing wrong?

Jones is arguing he was effectively forced to retire with the internal investigation. He said he likely would have accumulated better retirement benefits if he had stayed on the job for at least four more years.

Jones also alleges he was targeted unfairly, claiming any law enforcement officer in the county working the early hours of Nov. 6, 2022 would have had access to the information about Marc King's arrest.

The lawsuit accuses Mat King and St. Clair County of violating his First Amendment rights by allegedly retaliating against him for speaking to Human Resources about the sheriff's alleged actions and statements after his brother was arrested.

Jones is also accusing Mat King and the sheriff's office of violating his Loudermill rights, which require that public employees be presented a chance to respond to allegations prior to being fired. He argued the hearing should have taken place before he was offered the chance to retire.

The lawsuit does not demand a specific amount, only alleging the damages should amount to more than $75,000.

Summons have been issued giving both St. Clair County and Mat King 21 days to respond. That response may include refutations of the allegations and other statements in Jones statements, as well as a list of facts the defense believes will assist in its case. Because the lawsuit is an ongoing legal matter, Mat King said he will be limited in how he can respond publicly until the case is resolved.

No hearings have been scheduled in the case.

This article originally appeared on Port Huron Times Herald: Forced to retire? Lieutenant involved in arrest of sheriff’s brother files suit