Belle officer under POST review for civil allegations

By Roxie Murphy, Staff Writer
Posted 12/6/23

BELLE — Belle Officer Erican B. Sugg of Vienna was served with papers from the Missouri Department of Public Safety (DPS) in mid-November alleging cause to discipline his peace officer license. …

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Belle officer under POST review for civil allegations

Posted

BELLE — Belle Officer Erican B. Sugg of Vienna was served with papers from the Missouri Department of Public Safety (DPS) in mid-November alleging cause to discipline his peace officer license. Sugg has 30 days to respond to eight allegations of civil violations, including sexual harassment, moral turpitude, and theft regarding actions that supposedly occurred during his employment at the Maries County Sheriff’s Office.

A second lawsuit filed on Nov. 10 claimed Sugg’s sexual harassment advances resulted in a St. James woman’s discrimination termination from Hippos LLC in Vienna. Sugg was hired as a security guard for Hippos LLC around the first of September 2022 after being terminated from Maries County in August 2022.

Following a completed investigation by Attorney General (AGO) Andrew Bailey’s Office, the Director of the Department of Public Safety filed a complaint on Oct. 20 against Sugg “for discipline of a peace officer license.”

According to the AGO’s completed investigation that was passed to DPS and Peace Officers Standards and Training (POST), Sugg’s peace officer license No.68335 could be subject to disciplinary action based on events that occurred while he was still employed at Maries County.

The 14 pages of findings from the AGO’s investigation allowed DPS to file its request with the Administrative Hearing Commission for the State of Missouri showing cause to discipline the officer’s license in a civil action.

According to the report, DPS acknowledged Sugg was actively commissioned and licensed through the Maries County Sheriff’s Department at the time of the alleged incident.

The Administrative Hearing Commission begins by explaining that it has authority through 590.080, RSMo1, and Chapter 621 to discipline any licensee who has committed a criminal offense regardless of charges or any act that involves a lack of moral turpitude or disregard for the safety of the public or a person.

According to the report, around Jan. 29, 2022, members of the Maries County Sheriff’s Office and friends were celebrating a coworker’s birthday, including Sugg and the plaintiffs, identified only as B.H. and M.H.

All parties mentioned allegedly consumed alcohol during the celebration at Club Rodeo Midway in St. Robert, Missouri. While dancing at the club, Sugg allegedly made advances toward B.H., dancing on top of B.H., making her uncomfortable. According to the statement, B.H. was pulled away by a co-worker’s wife due to the unwarranted nature of his advances.

When the group left and boarded the party bus to be transported back to Maries County, both B.H. and M.H. “noticed (Sugg) was intoxicated, loud, and aggressive toward other party members.” B.H. and M.H. were sitting next to each other with Sugg in the seat behind B.H. when “(Sugg) reached around the bus seat and inserted his hand into the front of  B.H.’s shirt, grasping her breast.”

M.H. “grabbed (Sugg’s) arm and pulled his hand out of B.H.’s shirt.” B.H. tried to distance herself. The incident happened twice more, both times B.H. pulled away.

When the party arrived back in Maries County, many of them stayed the night at the one home due to imbibing alcohol. According to the report, “B.H. went to sleep on the loveseat in the living room, fully clothed with socks, but no shoes.”  She woke up with (Sugg) “seated at the end of the couch with her feet in his lap and his hand on her inner thigh. Her socks were removed.”

B.H. alleged that after that night she and Sugg continued to work together, but he “made passive-aggressive comments toward B.H. in the office and over the radio. A co-worker took note of the comments toward B.H. and asked if she was okay.”

On July 14, 2022, B.H. reported the incident and behavior to her supervisor, Chief Deputy Scott John. John informed Sugg of his termination by the Maries County Sheriff’s office on July 20, 2022, and instructed him to return his department gear to the office and leave his uniforms, weapons, and other assigned gear in his patrol car.

According to the report, Sugg returned some of his gear and keys. An inventory of his vehicle revealed his department-issued Toshiba Toughbook, AC charging cable to his department-issued drone, and cellular Wi-Fi hotspot were still missing.

John was informed on Aug. 4, 2022, that Sugg was not going to return the items. On Aug. 17, Det. Dale Harp and Deputy Tim Edwards were at lunch with Sugg when he said,  “It looks like I got me a $3,800 laptop out of the deal.”

Sugg was served with a letter on Aug. 18 to return all sheriff’s department property by Aug. 20. Sugg did not return the property or respond until months later, “when he found out the Sheriff’s Office was going to draft a probable cause statement against him.”

Following the investigation, the AGO determined eight causes for discipline against the officer’s license.

Count one of first-degree sexual misconduct based on the above allegations, according to Section 566.093 and Section 566.010 (6).  The report alleges Sugg “touching B.H.’s breast is sexual contact” and that Sugg violated 566.093.1(2), “By touching B.H.’s breast in the presence of M.H., which caused M.H. affront or alarm.”

A second count of sexual abuse in the first degree alleges the above statement supports, “Sugg violated Section 566.100.1, by touching B.H.’s breast while she was intoxicated and incapable of consent or lacking the capacity to consent.”

In count three, sexual abuse in the second degree, the above statement supports, “Sugg violated 566.101, by purposefully subjecting B.H. to unwanted and unconsented touching of her breast.”

Count four assault in the fourth degree alleges that, “565.056, says Sugg touching B.H.’s breast knowingly caused physical contact with another person that he knew they would find offensive or provocative. Sugg violated 565.056.1(6) by placing his hand between B.H.’s inner thigh and her bare feet in his lap while she was sleeping after she had previously told him that his advances toward her were unwelcome.”

Count five is harassment in the second degree and alleges according to 565.091.1, “Sugg violated the statute by making passive-aggressive comments in the office and over the radio toward B.H., causing her to be uncomfortable and in emotional distress.”

Count six alleges stealing. “(Sugg) violated 570.030.1(1) by failing to return department-issued property within a reasonable amount of time, and with intent to deprive the Sheriff’s office of such items.”

Count seven alleges acts of moral turpitude and sexual misconduct in the first degree.

Moral turpitude is defined as the wrongful quality shared by acts of fraud, theft, bribery, illegal drug use, sexual misconduct, and other similar acts as defined by the common law of Missouri. A crime of moral turpitude involves an act of baseness, vileness, or depravity in the private and social duties which man owes to his fellow man or society in general, contract to the accepted and customary rule of right and duty. According to Section 566.093, sexual misconduct in the first degree occurs if such a person has sexual contact in the presence of a third person.

Count eight alleges moral turpitude, and stealing.

The report concluded, “Cause exists to discipline (Sugg’s) peace officer license because he committed offenses under 566.093.”

When asked if the Maries County Sheriff’s Department had received other sexual harassment complaints from the community, John mentioned an incident after Sugg was terminated from the department and went to work for Hippos LLC.

“This is the story, complaint, and statements that the husband informed me of when I was asked if Erican Sugg still worked at the sheriff’s office in September 2022,” John said.

John said a reporting party came to the sheriff’s office in September 2022, shortly after Sugg’s termination, and alleged sexual harassment by a sheriff’s deputy against his wife at her workplace.

“The husband of the woman came to the sheriff’s department around this time last year to file a complaint against Erican Sugg and wanted to know if he still worked here,” John said. “We informed him he was not employed with the sheriff’s office anymore. The husband asked if there was anything we could do about the behavior at Hippos. We said an official complaint from his wife could be made and they would need evidence from the cameras. They said the cameras had been turned off or the evidence was deleted.”

John added that the sheriff’s department did not investigate the claim or ask Hippos about the cameras. However, a discrimination lawsuit filed on Nov. 10 by Sherry Coleman of St. James named a man by the initials E.S., alleging he made inappropriate sexual comments to her in the workplace. She was terminated shortly after reporting E.S.’s actions.

Coleman is now suing her former workplace for $25,000, attorney’s fees and anything else the court deems as fair for discrimination, alleging her disability, gender and retaliation for reporting the incidents which resulted in her termination.

John confirmed that Sugg is the “E.S.” mentioned in the lawsuit.

“Sugg was terminated from the sheriff’s office in August of 2022,” John said. “He was hired by  Hippos in early September 2022.”

Sugg was hired by the Belle Board of Aldermen to work for the Belle Police Department at the end of 2022. According to Marshal Jerry Coborn, he is still employed by the city and on active duty.

Editor’s note: The complete report from state agencies is available online at www.GasconadeCountyRepublican.com

http://republican.staging.communityq.com/stories/erican-sugg-documents,105164?preview_key=e9276e539bae1b5c2d2ff41093ae20cd&ts=1701879943