Trooper found staying home while on duty appeals firing

A State Highway Patrol sergeant whom WRAL Investigates found at home on several occasions when he was supposed to be working has appealed his firing in court.

Maurice DeValle was fired from his $69,000-a-year job on April 25, 2017, and was unsuccessful in his attempts to reverse that decision through appeals up through the ranks of the Highway Patrol and the Department of Public Safety.

The patrol cited insubordination, neglect of duties, untruthfulness and violating policy by living outside his duty area as the reasons for his termination.

In a newly filed appeal in the state Office of Administrative Hearings, DeValle argues he was fulfilling the job requirements for a sergeant from home.

"On the dates in question, Petitioner was available to every member of his command and performed his duties per the job requirements," the appeal states. "Petitioner did not neglect his duties. Petitioner did not knowingly and/or willfully provide untruthful material information to [officials]."

DeValle also argues he was selectively targeted by the patrol and that plenty of other troopers break the rules but aren't punished.

"These policies have allowed for selective, arbitrary and capricious enforcement," the appeal states. "[The patrol] has willfully failed to investigate employees who have been engaged in alleged or possible violations ... At times, [the agency] has imposed nominal discipline or failed to impose any discipline at all for these matters."

WRAL Investigates spent weeks tracking DeValle on various days he was scheduled to work in late 2016 and routinely found his cruiser in the driveway of his Wake County home while he was on the clock, including while other Highway Patrol troopers were working overtime during and after Hurricane Matthew responding to stranded drivers and keeping people off flooded roads.

On at least four occasions from early October to mid-November that year, DeValle was at home despite reporting that he was on the road or on duty in Wayne County, where the 18-year Highway Patrol veteran was one of the agency's highest-ranking officers.

The patrol's internal investigation found six days from late September through mid-October when DeValle falsified timesheets either by claiming to work more hours in the payroll system that he actually worked, according to the times he clocked in and out or simply clocking in and staying home for part of all of his shift.

A decision on the appeal is expected in late August.

WRAL News also learned the state is trying to revoke DeValle's law enforcement certification.