Ruby described as angry and insubordinate

Deputy firing case continues

By JOHN MOLSEED Messenger staff writer
Deputies and administrators who worked with a former Webster County sheriff’s deputy who was fired in December say he gave the impression he didn’t want to be on the job.

Curt Ruby is appealing his termination to the Webster County Civil Service Commission. Bridget Penick, who represents the county, continued the case Thursday.

Sheriff Brian Mickelson finished his testimony midmorning. He was the first witness in the civil case before the Webster County Civil Service Commission. Ruby, who is running for sheriff, says his firing was unfounded and is asking the commission to reinstate him to the department with back pay.

Mickelson said that he didn’t consider other forms of discipline for Ruby’s alleged departmental violations.

‘‘Do you think progressive discipline would have worked?’’ asked Roxanne Conlin, who is representing Ruby.

‘‘No,’’ Mickelson said.

‘‘Why not?’’ Conlin asked.

‘‘Both (Chief Deputy Jim O’Brien) and I tried to talk to Curt numerous times and he just got angry. It just was not working.’’

Mickelson said Ruby was quick to anger and violated departmental policies including failing to make arrests in three domestic assault cases in 2007.

Sgt. Luke Fleener was called to the stand to recount his involvement in two domestic assault cases in which Ruby is accused of failing to perform his duties. Fleener said he would probably have made arrests in those circumstances.

Delbert Smith, Duncombe and Otho police chief, added to Fleener’s testimony saying that he was baffled that no one accompanied one of the domestic assault victims to Hamilton Hospital, Webster City.

‘‘Myself or someone should have gone to the hospital to make a report,’’ Smith said.

Roxanne Conlin, who represents Ruby, noted that Fleener, who filed the charges against two of the defendants in the three domestic assault cases, filed simple domestic assault charges. That level of charge does not require law enforcement officers responding to the incident to make an arrest. In more serious levels of domestic assault, investigators are compelled to make an arrest.

Detective Mike Halligan, who worked night shift with Ruby, said he was offended by Ruby’s attitude, saying Ruby hurt departmental morale.

Deputy Jason Bahr described Ruby as ‘‘disgruntled.’’ He said Ruby lost his temper in September 2006 when he was told to undergo a fit-for-duty evaluation.

‘‘Sgt. Ruby said (Mickelson) was sending the wrong person down and pointed at Chief Deputy Jim O’Brien,’’ Bahr said.

Bahr added that Ruby was not loud nor did he make threats in the meeting, but added, ‘‘from my perspective, I would not speak to my boss that way.’’

O’Brien was a main witness in testimony that continued until about 7 p.m. at the Webster County Law Enforcement Center. He drafted the list of 25 incidents and accusations that he and Mickelson say led to their decision to terminate Ruby.

Penick had O’Brien go over the list beginning with an incident in December 2005 after he fought with a man resisting arrest and made threats against him. O’Brien said Ruby showed a lack of control of his emotions as he arrived at the Law Enforcement Center.

O’Brien said that when he became chief deputy in January 2006, he wanted to determine why Ruby was allegedly unhappy. O’Brien said Ruby got agitated while answering his questions.

‘‘He pointed toward the sheriff’s door and said ‘because of that son of a bitch,’’’ O’Brien said. He added that he did not know the nature of the conflict between Ruby and Mickelson.

Conlin said that Mickelson is the one harboring animosity toward Ruby and terminated him because Ruby is running for sheriff.

O’Brien also talked about an incident on March 30, 2006, when the sheriff’s office had only one road deputy working.

Ruby was the shift supervisor and was ‘‘well aware there would be a problem with the shift.’’

Said O’Brien, ‘‘There was no way he couldn’t know.’’

O’Brien also said Ruby was insubordinate and angry in subsequent meetings about the incident. Ruby stormed out of his office saying, he ‘‘had enough crap,’’ said O’Brien.

O’Brien also listed instances in which Ruby gave self-defense classes for women that promoted him as a member of the sheriff’s office, which violated office policy. He also held other events that O’Brien said improperly implied they were endorsed by the sheriff’s office.

‘‘It was almost as if he was doing what he wanted to do with disregard for, obviously the sheriff, and essentially the entire department,’’ O’Brien said.

The case will resume Friday when Ruby is expected to take the stand on his own behalf.



Contact John Molseed at (515) 573-2141 or jmolseed@messengernews.net'>jmolseed@messengernews.net