Sacramento fired two police officers in 2021, according to new records. Here’s why
Sacramento officials fired two police officers in 2021 for dishonesty during a domestic violence call, according to newly released disciplinary records.
On Aug. 13, 2020, at around 11 p.m., a woman called 911 and said her husband had pressed his elbow on her breast “really hard” and threw a box at their 11-year-old son, according to disciplinary records the department released May 30 following a request under California’s Public Records Act from The Sacramento Bee.
Officers Kevin Spring and Joseph Swaleh responded to the parking lot of the Ross Dress For Less on Stockton Boulevard in south Sacramento, where the couple was with their seven young children, the records state.
“During a hasty investigation,” the husband alleged he was the one assaulted, the records state. But officers did not investigate his or her allegations, determined no crime had occurred and cleared the call as “415 DV,” which is a code for fighting in public, but no assault.
The next day around noon, the woman called 911 again and said her husband had assaulted her again in their van, the report states. Two different officers, David Costan and Austin Hollibaugh, responded to the same parking lot. It’s unclear from the records whether the family was living in their van. The officers spoke to both the husband and wife. Both alleged that the other had hit them.
But instead of investigating assault charges, the officers classified the incident as a fight in public, no crimes committed.
“Officers Costan and Hollibaugh dismissed all allegations, failed to conduct a thorough investigation, choosing to facilitate a civil standby instead,” the report stated. “While on scene Officer Costan broadcasted, ‘415 DV only’ and gave Hollibaugh inaccurate information over the telephone while updating him on the details of the call. Officer Hollibaugh would later clear the call 415 DV only and put inaccurate remarks on the call.”
The husband called the department’s internal affairs office the next day complaining that he had told the officers his wife had hit him in the head, and the officers did not investigate the allegations. His wife had previously been charged with assault in a different city, he said. After an internal affairs investigation, in April 2021, Police Chief Kathy Lester terminated both of them for dishonesty, the records stated.
Hollibaugh’s last day was June 5, 2021, and Costan’s last day was Nov. 9, 2021, city spokesman Tim Swanson said.
Costan and Hollibaugh did not immediately return emails and calls seeking comment.
According to the city charter, the police chief recommends to the city manager members of the force for demotion or dismissal. City Manager Howard Chan, in responding to criticism from Black Lives Matter’s Sacramento chapter, has said he has terminated multiple police officers since becoming city manager in 2017.
Lester also issued a 40-hour suspension to another officer for dishonesty and to a sergeant for neglect of duty regarding the incident. The department in the records redacted both those names.
The officers who responded to the original call, Swaleh and Spring, are still employed as officers with the city, Swanson said.
Senate Bill 1421 required law enforcement agencies in California to release internal affairs disciplinary documents for certain incidents, including uses of force and dishonesty. As of November, city police had not released those records for over 50 incidents, a Bee investigation found. After the story published, the police department has released records for multiple incidents, including those involving Costan and Hollibaugh’s termination.
This story was originally published June 21, 2024 at 5:00 AM.
CORRECTION: Austin Hollibaugh was an officer with Sacramento Police Department until 2021. His rank was listed incorrectly in an earlier version of the story. The reason a sergeant was reprimanded with a 40-hour suspension was for neglect of duty. The reason was incorrect in an earlier version of the story.
