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Published: 2007-09-22 15:27:00
Updated: 2007-09-22 19:04:49

Judge Reinstates Trooper Fired for Having Sex While on Duty


Highway Patrol generic - shoulder patch
Highway Patrol generic - shoulder patch
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A judge ordered the State Highway Patrol to re-instate a trooper who was fired for having sex in his patrol car and at a district station with a woman who was not his wife.

Administrative Law Judge Melissa Owens Lassiter ordered the re-reinstatement of Monty Steven Poarch, an 18-year veteran who was based in Alexander County, because the Highway Patrol gave lesser punishments to troopers for similar charges.

Highway Patrol officials announced Saturday they will appeal the court order to reinstate Poarch.

"Poarch's actions while on duty as a state trooper are outrageous and unacceptable," Col. W. Fletcher Clay, commander of the Highway Patrol, said. "And we are disappointed in Judge Lassiter's decision in this case. In our opinion, it was the wrong decision to make."

Three other troopers received suspensions, demotions and transfers for sexual offenses similar to Poarch's. In his case, a Wake Superior Court judge and another administrative law judge ruled that courts can consider whether state agencies gave out equal discipline for similar infractions.

All these cases considered by the court, including Poarch's, happened before Clay assumed command of the patrol in 2004. Clay said he intends to take a strict stand against such conduct.

"All of these actions took place prior to my administration, and I want to make it clear that a strong stance against these types of actions is being taken," he said.

Poarch was fired in 2003 after Donna Lynne Kirby filed a complaint against him with the patrol's internal affairs investigators. Poarch later admitted to having sex with Kirby in his patrol car and at a district station, but denied it happened while he was on duty.

His recommended punishment was a 10-day suspension, but then-commander Richard Holden chose to terminate the trooper. Bryan Beatty, secretary of Crime Control and Public Safety, upheld the firing.

Poarch is currently serving as a lieutenant in the Caldwell County Sheriff's Office.

  • Web Editor: Anne Johnson

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Latest Comments
I can't believe the judge asked for his reinstatement. How unprofessional of him to engage in sexual intercourse while on duty...In his patrol car! The Hwy patrol made the mistake of not equally punishing every officer who made this judgement call. How often does this happen?

Let me just say, if that were my husband...he would get a petition for divorce slapped on him so quick his head would spin. To the wife, there is a thing called aleination of affection... use it! I hate to think that the wife of this officer was sitting at home worried about her husbands welfare (which all LEO spouses do worry...a lot!) and all the while he is screwing some chick. UGHHHHHHHH.

Just another cop that got away from obeying the law.I recentlly read an article were a couple was arrested for that at a wendy's parking lot. duh duh duh

So what happens now when the State Trooper expect sex from you instead of a ticket and uses his power to force you to comply..... I think this is a dangerous precedent!!!

I would love to know why people do things that they wouldn't want someone to read about in the newspaper.

Morality must be dead or near death these days.

I wonder if I could force my wife to keep me if I had sex with another wovan. Is there a good judge anywhere?

First - nobody knows if this was "on the clock." He says it wasn't. The only one who says it was is the crazy ex-girlfriend who reported it.

Second - if you have a policy that X offense gets Y punishment, you have to apply it evenly. You can't pick and chose who you fire based on the same offense. If you decide the problem has gotten out of control, you need to set a new policy and punishment - in writing - ahead of time.

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