Mother of slain teen seeks investigation of Overland Park police chief for perjury
The mother of a teenager who was shot and killed by an Overland Park police officer in 2018 has delivered a written complaint to the state agency that licenses police, asking for a perjury investigation of Police Chief Frank Donchez.
The complaint, submitted March 22 by email to the Kansas Commission on Peace Officers’ Standards and Training (CPOST), says Donchez made false statements in reporting the officer’s departure from the department after the shooting.
Sheila Albers has doggedly sought accountability for her son’s killing for years. She raised the latest concerns days after a judge ordered the city to make public a severance agreement in which the city agreed to say the officer, Clayton Jenison,“resigned voluntarily under ordinary circumstances.”
But the circumstances were far from ordinary, Albers said. And if Donchez filled out a form saying Jenison left voluntarily, he was lying.
Jenison was under criminal investigation after he, on being called to the Albers home for a welfare check, shot 17-year-old John Albers six times, killing him, as the teen backed the family van out of the driveway. The city approached Jenison with a $70,000 severance agreement, which they signed days after Johnson County prosecutors announced they would not charge him.
The release of the severance agreement came after The Star filed a public records lawsuit against Overland Park.
Current and former Kansas law enforcement officials and experts said aspects of the agreement ran counter to standard practice and could defeat the state board’s mission of enforcing police standards.
Kansas Rep. John Carmichael, a Wichita Democrat and former chair of CPOST, said Overland Park’s agreement with Jenison was “concerning.”
“If the agency head is responsible for providing an untrue transfer of status report to the CPOST then that agency head is and should be liable for action against their own certification.”
In calling Jenison’s resignation voluntary and ordinary, the Overland Park Police Department selected the only language that does not require it to send additional information to CPOST. That reduced the scrutiny the state commission could have given to whether action should be taken against his license to work in law enforcement.
CPOST investigated Jenison but closed his case without action, the city said in a statement earlier this month. He still holds a Kansas license.
Johnson County Sheriff’s Office Capt. Darren Schafer said he could not recall a severance agreement at the agency that specified how a CPOST form would be filled out.
“We do not practice that,” Schaffer said.
In response to a request for an interview with Donchez, Overland Park city spokeswoman Meg Ralph said in an emailed statement to The Star that the city was aware of the complaint.
“As the City always does, we will cooperate fully with any investigation into the matter,” Ralph wrote.
Gary Steed, executive director of CPOST, said he could not confirm whether or not there is an investigation of Donchez. The commission also did not comment on what information it received from Overland Park about Jenison.
Johnson County District Attorney Steve Howe said no allegations against Donchez had been referred to his office. He declined further comment.
‘Under penalty of perjury’
When Jenison resigned in February 2018, the leader of the police department was required by law to fill out a form for CPOST describing how Jenison left.
The options are: “terminated,” “involuntarily resigned,” “resigned voluntarily under questionable circumstances,” and the one city committed to in writing:
“Resigned voluntarily under ordinary circumstances ”
The document is signed under a statement affirming that it is accurate and not misleading “under penalty of perjury.”
Michael Gennaco, a police practices expert based in Los Angeles, said an agreement suggesting Jenison resigned under ordinary circumstances “is inaccurate and defeats the purpose of state police certification.”
Carmichael, who helped draft the law establishing those options, said they were written to ensure officers would be noticed and investigated even if they were given the option to resign before being fired.
If the Overland Park police were not fully forthcoming in that form, he said, it could impede the investigation.
The city’s agreement with Jenison essentially established that the city would report that he resigned under ordinary circumstances whether that was true or not, Carmichael said.
Carmichael said he suspects the city’s actions may be legal because of timing and technicalities. For example, the city officials signed the agreement after the investigations were over.
“These types of agreements ought to be contrary to public policy,” Carmichael said. “And it may well be that they should be against the law.”
If CPOST investigated Donchez as Sheila Albers asked, details of the investigation would not be publicly available unless they acted against his license.
The commission has acted against high-ranking police officials for similar allegations before.
In 2010, CPOST revoked the license of Carbondale Police Chief Adam Marion for allegedly failing to submit records to the agency and submitting false statements.
In addition to license concerns, the separation agreement raised questions for a prosecutor, said Douglas County District Attorney Suzanne Valdez.
Valdez said the agreement should be scrutinized by the public and could impact any criminal case where Donchez or Jenison could be called to testify as officers.
Prosecutors are required to tell defense attorneys if an officer called to the stand in a case has a history of making false statements. As a result, Valdez said, this conduct could harm existing criminal cases.
“If I read that clause I would really be concerned about it and I would certainly drill down on it and give it due attention,” she said.
“Because I am aware or would be aware of what would seem to be suspicious reasons for this officer leaving.”
This story was originally published March 29, 2021 at 5:00 AM.
