DeLand corporal counseled over romantic relationship with domestic violence victim

A DeLand police corporal investigated for allegedly having a romantic relationship with a domestic violence victim received a warning after the woman and her husband declined to be interviewed by an internal affairs investigator, according to records obtained Wednesday.

"While the internal affairs investigation was unable to sustain allegations that you acted inappropriately towards a community member, it is the expectation of our department that you act and communicate with a greater level of professionalism around fellow employees," police Capt. Mike Quinn wrote in a letter of counseling to Cpl. Damon Clark.

Clark is also a K-9 handler at the department.

In his report, Lt. Juan Millan, now a captain with the department, said "the participation of the (victim and her husband) was of critical importance to reach a determination on whether or not Cpl. Clark took advantage of a victim of domestic violence," but said they signed waivers saying they will not testify.

Millan further noted that Clark's relationship was one that was mutual between two consenting adults, and that it happened while Clark was off duty.

In the letter issued to Clark on Feb. 7, Quinn pointed out that Clark was expected to conduct himself in a professional manner and that the corporal would face harsher discipline if the mistake was repeated.

"Because your communications were considered to be careless, any future incident involving you in similar circumstances will result in you being subject to progressive discipline," Quinn wrote.

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The complaint

Clark became the subject of an internal affairs investigation after another officer, William Cooper, wrote a memorandum to his sergeant explaining that on Nov. 12, while responding to an unruly juvenile call at a West Pennsylvania Avenue home, Clark exhibited highly unprofessional behavior.

The officer alleged that hours after the call Clark shared details of his personal relationship, making inappropriate comments, and showing explicit images, the report states.

Millan said Cooper filed the complaint because he believed Clark had taken advantage of a domestic violence victim.

'I gave her the shoulder to cry on …'

On Nov. 12, Clark directed Cooper and Officer Michael Merhib to the home but when they got there, the husband refused to talk to them and said he wanted to speak to Clark, the report said.

Cooper left but Merhib stayed at the home. Clark arrived at the home and handled the unruly teen situation, and after three hours returned to the police department. Although his body camera did not record his interaction with the woman's husband, he said what the meeting was about, the report shows.

Cooper said Clark had a smile on his face when he returned to the police station telling the officers "Sorry, I was up there so long guys, I literally just saved my career I think."

In the interview with the investigator, Cooper said Clark went on to say that he met the victim six months prior to Nov. 12 during a domestic violence incident where her husband was taken to jail. Clark said he was involved in a physical and intimate relationship with her and that somehow her husband got a hold of the text messages between Clark and his wife. Clark said that was the reason the husband had requested to speak with him, the report detailed.

The internal affairs report stated that Clark said he gave the victim a shoulder to cry on whenever she needed someone. Clark told the officers that the reason the husband did not file a complaint with the police department was because the woman lied about their relationship, even though he was "smashing her," according to details of the report.

"I was there, I gave her the shoulder to cry on whenever she needed someone at a time of need," Clark said, according to the report.

Officer Mehrib told the internal affairs investigator that the husband did confront Clark questioning the corporal about the relationship with his wife, the report showed.

The husband asked Clark if he was trying to steal his wife, and "Come on man, that was (expletive) up," Merhib said the husband told Clark.

Mehrib said after the encounter he told Clark "I don't know what's going on with that, but like you should probably keep that to yourself or be careful with whatever you're doing," the internal affairs document noted.

Cooper also told the investigator that Clark also showed him a nude and explicit photo of a woman's lower body saying it was the domestic violence victim, the report said.

'Flirtatious and romantic'

When questioned by the internal affairs investigator, Clark denied anything physical occurred with the woman. Clark explained that he met the family two years ago after the juvenile was taken into protective custody, and that he kept in touch with the woman to see how they were doing, the report states.

Clark admitted that after the unruly juvenile call at the West Pennsylvania Avenue home, just after he turned off his body camera, the husband confronted him that he was aware of the relationship Clark was having with his wife. Clark said he started the relationship with the woman while her husband was in jail, the report highlighted.

Clark denied having anything physical with the woman but said it was more texting and emotional support, the report stated.

Clark said the woman's husband cautioned him to ensure the situation with his wife did not repeat itself, the report states.

"Corporal Clark explained that the relationship with (the domestic violence victim) at the time was mostly flirtatious, romantic in nature, but was all done through texting," Millan wrote in his report.

Clark said that he got several photos of the woman as part of their two-to-three-month relationship, which he kept on his cellphone.

The corporal denied showing an officer a nude and explicit photo of the victim's lower body, and said he might have accidentally flipped through another album while searching for the domestic violence victim's photos. He also denied saying he had saved his career, the report stated.

Millan wrote in his report that the woman in the photo could not be identified because it did not show the person's face.

Comments about underage girls

Clark was also investigated for allegedly making inappropriate comments about high school girls during a DeLand High School football game on Nov. 10, the report revealed.

Clark commented about how the high school girls looked and said that's why he wouldn't be able to work at the high school, the report said.

Clark also made comments like "That's nice," "Yes ma'am," and "Um-hummm" while looking at the high school girls, but Clark said his comments were taken out of context, the report stated.

Clark admitted to making the comments about the underage girls but said he did it as a parent, who has a daughter, and that he was pointing out that the parents didn't really care about how their daughters, who are developing much faster these days, dressed.

"While Corporal Clark's comments could be interpreted as inappropriate by some, they are also ambiguous, and open to interpretation, but Corporal Clark provided a logical explanation difficult to refute," Millan wrote in his report.

Of eight department policies, Millan said Clark violated two, that of conduct unbecoming of a member of the police department or employee, and the policy that asks members to "conduct themselves in a manner that will not bring discredit to themselves, the department, or the city."

This article originally appeared on The Daytona Beach News-Journal: Florida officer admitted romantic relationship with domestic violence victim