Cop Works Second Job While On-Duty

Officer pleads not guilty to felonies
Schenectady's Dwayne Johnson, charged in 15-count indictment, also faces disciplinary hearings
The Albany Times Union by PAUL NELSON - December 24, 2009

SCHENECTADY, NY -- Prosecutors say for roughly four months Officer Dwayne Johnson worked private security at the Hess Express gas station near Route 890 when he should have been on patrol, then tried to cover himself by lying on police department time sheets. With his attorney by his side Wednesday, Johnson answered "yes" to several questions from Schenectady County Judge Karen Drago ensuring he understood his legal rights and the 15-count indictment that accuses him of defrauding the government, two counts of offering a false instrument for filing and grand larceny. He pleaded not guilty to those felonies and the 11 misdemeanors that Drago unsealed. He left court on his own recognizance without comment, leaving his attorney Gaspar Castillo to do the talking. The Albany lawyer said his client, who earned an all-time city pay record of $168,000 in 2008, is being punished for being a "hard working man," that the city was well aware he was moonlighting and who never worked his private security and city job simultaneously. "He has served the city and served it well and loves being a cop," said Castillo. "When everything comes out, it will become clear he has not done anything wrong." But Gerald Dwyer, counsel to the district attorney, said the charging document only deals with the alleged double dipping from Oct. 25, 2008 to Feb. 7 at the Brandywine Avenue business and not accusations Johnson remained inside a Woodlawn apartment earlier this year when he should have been on patrol. Outside police headquarters, Mayor Brian U. Stratton said the department is still looking into what Johnson, 50, was doing there as part of its ongoing internal probe. He said his administration will continue to aggressively go after cops who cross the line and that in Johnson's case they would be seeking to fire him and try to recoup any monies he was paid by the city while working his private job. "The public should know we're not tolerating this," he said, adding he was still hopeful that any police commanders who may have turned a blind eye to Johnson's alleged misdeeds should be punished. Later Wednesday, the police department released a statement saying Johnson had been suspended 30 days without pay and that it would be seeking to fire him through disciplinary hearings.

Besides the felonies, Johnson is also charged with five each of counts of official misconduct and receiving unlawful gratuities and scheme to defraud, all misdemeanors. On the top count felony alone, he could face a maximum four-year prison term In February, he was suspended without pay for 30 days amid an internal probe into allegations that he spent several hours on a number of Tuesdays in an apartment in the Woodlawn section during his midnight-to-8 a.m. shift. The revelation came less than a month after city payroll records for 2008 showed that Johnson, who has been on the force since 2001, had the highest earnings for one year in the department's history. At the time, the department's Office of Professional Standards was looking into allegations he spent time at the apartment at the corner of Queen Philomena Boulevard and Sir Benjamin Way when he should have been working. Police said the officer's cruiser, equipped with a GPS, was parked outside the location around 4 a.m. even though he was scheduled to work until 8 a.m. Months later, the department launched a second in-house investigation into fresh allegations that Johnson was working security at Hess when he should have been on patrol. Chief Mark Chaires has said tax-related documents reviewed by investigators showed Johnson was "simultaneously being paid by two employers." With overtime and about $35,000 in retroactive pay, he made $168,921 last year, nearly triple his base salary. Johnson is one of several city police officers scheduled for disciplinary hearings next year. Paul Nelson can be reached at 454-5347 or by e-mail at pnelson@timesunion.com.