Darryl De Sousa

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Baltimore Mayor Pugh (2).jpg
Kevin Davis (34530898564) (1).jpg
Mayor Catherine Pugh appointed De Sousa to replace Kevin Davis.

On January 19, 2018, mayor Catherine Pugh announced the firing of commissioner Kevin Davis and the appointment of De Sousa as acting commissioner, saying that "we are not achieving the pace of progress that our residents have every right to expect in the weeks since we ended what was nearly a record year for homicides in the City of Baltimore", citing a record 343 homicides in 2017. City councilman Brandon Scott, city council president Jack Young, and state's attorney Marilyn Mosby endorsed Davis's replacement. [2] [4] Richard Hite, a chief of the Indianapolis Police Department who earlier served the BPD, described De Sousa as having "boundless energy" and some believed that De Sousa being African American would improve the morale of African American officers. Tyrone Powers, director of the Homeland Security and Criminal Justice Institute of Anne Arundel Community College, said that while De Sousa "has the talent and the integrity", he would have to manage a damaged department in the aftermath of the Gun Trace Task Force (GTTF) scandal. [3] The Baltimore Fishbowl compared Davis's replacement with the firing of Anthony Batts by Stephanie Rawlings-Blake in 2012. [9]

After being appointed commissioner, De Sousa said that his "priority as of this moment right now is really simple it's a really simple priority, and that's violence reduction. Second priority is violence reduction, and third priority is violence reduction at an accelerated pace. That's the bottom line." He also announced that he would send more officers to the streets during the day and increase patrolling of communities. Maryland state delegate Nick Mosby criticized De Sousa's plan, saying that while De Sousa being from Baltimore may help improve relations between the police and the community, major change was impossible without economic opportunities for city residents and more officers would not improve crime. Police union president Gene Ryan supported De Sousa's plan, stating "If you're not familiar with what's going on there, how can you solve the problems? We need boots on the ground. We've got to regain their trust. We need to get back to a relationship where we are all family again." [7] [9]

De Sousa also said he would re-introduce hot-spot policing, targeting high-crime neighborhoods with specialized officers. While hot-spot policing was previously successful in Baltimore, it forced the city to pay settlements with people who claimed the BPD violated their civil rights. After consulting with the United States Department of Justice, who had been monitoring the BPD since 2015, Pugh hired Sean Malinowski, a Los Angeles Police Department commander who develops predictive policing programs, to advise the BPD. De Sousa said "I have a real strong message for the trigger pullers: it's that we're coming after them", while vowing to target them "in a constitutional manner". [2] [10] After De Sousa was appointed commissioner, the killings of Jackson, Thomas, and James resurfaced. Pugh said that she "completely vetted" the killings and they did not affect her decision, while Scott said he had no concerns about the killings, claiming De Sousa was unfairly criticized because he was African American. Young called the killings "justifiable shootings in the line of duty". [8]

Future commissioner Richard Worley led De Sousa's anti-corruption unit. Lights Out Press Conference (53575617010) (Worley crop).jpg
Future commissioner Richard Worley led De Sousa's anti-corruption unit.

On February 9, 2018, De Sousa announced changes to the management of the BPD. He promoted LaTonya Lewis to a lieutenant colonel managing the homeland security division, making her the first African American woman to serve above the rank of major in over 30 years. He also created an inspectional services and integrity division, led by Osborne Robinson, to give random polygraph tests to special unit members in the aftermath of the GTTF scandal. [11] He also created the position of inspector general and an anti-corruption unit, which was led by future commissioner Richard Worley. He created a fiscal manager position to prevent inappropriate overtime. While he appointed Thomas Casella [a] as a deputy commissioner, [b] his appointment was suspended when documents showing two complaints against Casella were leaked. He denied claims that Alicia White, who was acquitted in the killing of Freddie Gray, was promoted to the internal affairs division. [11] [14] De Sousa later said the complaints against Casella were invalid: [15]

The information contained in the personnel memo leaked to the news media last week in reference to Thomas Casella was incorrect. There are no sustained complaints against him involving race, religion, sex, or any other type of discrimination. What occurred to him was completely unfortunate and unfair. We are investigating how incorrect information was provided to me and how that information was publicly disseminated. [15]

Despite De Sousa declaring the complaints invalid, he said on February 13 that he and Casella agreed to not follow through with the promotion and that he would announce a new deputy commissioner soon. On March 2, he announced that he had picked former Drug Enforcement Administration agent and future acting commissioner of the BPD Gary Tuggle to serve as a deputy commissioner. [12] On February 13, 2018, the two GTTF members who did not plead guilty, Daniel Hersl and Marcus Taylor, were found guilty of racketeering. After the verdict, De Sousa said that "our job moving forward is to earn back the trust and respect of the community" and vowed to "[root] out anyone who thinks they can tarnish the badge and violate our citizen's rights". Alongside the inspectional services and integrity division, De Sousa announced that he was considering moving the internal affairs department from the BPD to the mayor's office. [16] [17]

Permanent commissioner (February–May 2018)

On February 21, 2018, after nearly four hours of testimony, the Baltimore City Council executive appointments committee unanimously approved De Sousa's nomination as commissioner. [18] On February 26, the full council voted to confirm De Sousa as commissioner, with the only dissenting vote being from Ryan Dorsey, who said he was unsatisfied with De Sousa's answers to his questions. During the council vote, councilman Zeke Cohen said that the council had "very high expectations for this commissioner", saying he needed to control overtime and fight violence constitutionally, while Brandon Scott vowed to hold De Sousa accountable. Pugh said she was "extremely pleased" at the confirmation of De Sousa. [19] On February 28, De Sousa was sworn in as commissioner, and the Baltimore board of estimates unanimously approved a four-year contract paying De Sousa US$210,000($254,805 in 2023) annually and US$150,000($182,004 in 2023) if he is fired without cause, similar to the ones Davis and Batts received. At his swearing-in, De Sousa vowed to "not let this city down" and said "We have to redefine the culture in the Baltimore Police Department. It has to be a culture of accountability." [20] [21]

On April 12, a jury acquitted Malik Thompson, who De Sousa arrested in May 2017, of gun charges. According to De Sousa, he found a loaded gun in the glovebox of a car after Thompson fled from the passenger seat during a traffic stop. Ilene Frame, Thompson's public defender, criticized De Sousa's arrest as "sloppy", saying he failed to take a photo of the gun when he found it or activate his body camera. The BPD said they respected the ruling and the Baltimore Fraternal Order of Police supported it. [22] On April 25, De Sousa announced the return of the BPD's "Officer Friendly" program, requiring officers to perform volunteer work in communities. The program was removed when the BPD shifted towards zero tolerance, but De Sousa reinstated it to increase community trust. Announcing it at a meeting with Pugh, the crowd applauded De Sousa. [23]

Tax evasion and resignation

Darryl De Sousa
Commissioner of the Baltimore Police Department
In office
January 19, 2018 May 15, 2018 [a]
Darryl De Sousa
@Darryl_De_Sousa
Logo of Twitter.svg

I fully admit to failing to file my personal Federal and State taxes for 2013, 2014 and 2015. I did file my 2016 taxes and received an extension for my 2017 taxes. I have been working to satisfy the filing requirements and, to that end, have been working with a registered tax advisor.

To be clear, I have paid Federal, state and local taxes regularly through the salary withholding process.

While there is no excuse for my failure to fulfil my obligations as a citizen and public official, my only explanation is that I failed to sufficiently prioritize my personal affairs. Naturally, this is a source of embarrassment for me and I deeply regret any embarrassment it has caused the Police Department and the City of Baltimore. I accept full responsibility for this mistake and am committed to resolving this situation as quickly as possible.

May 10, 2018 [24]

On May 6, 2018, De Sousa was charged with three misdemeanor counts for willingly failing to file a federal tax return. The case was unsealed on May 10, revealing that De Sousa failed to pay taxes in 2013, 2014, and 2015, despite being an employee of the BPD. He faced up to three years in prison and a US$75,000 fine. Federal prosecutors also announced that he was being investigated for further federal crimes. De Sousa admitted to failing to pay taxes in a Tweet the same day, saying that he "failed to sufficiently prioritize [his] personal affairs". He also said that he paid taxes through withholding, filed his taxes in 2016, received an extension for 2017, and was working with a tax advisor. While Pugh said she still has "full confidence" in De Sousa and did not ask him to resign, the Baltimore Fraternal Order of Police said "we feel very strongly that it is in the interest of the Baltimore Police Department to ask that Commissioner De Sousa relieve himself of his duties". [25] [26] [27] [28]

External documents
"Bookmark".svg De Sousa's plea deal

Despite initially supporting De Sousa, Pugh announced that she placed him on paid suspension on May 11 "upon review of the circumstances" of De Sousa's tax evasion, saying that the city had "learned a few lessons" on commissioner vetting. Pugh praised De Sousa's tenure, crediting him with reducing homicides relative to the same period in 2017, despite a slight increase towards the end of his tenure. Tuggle succeeded De Sousa as acting commissioner. Pugh's appointment of De Sousa was compared to that of spokesman Darryl Strange as an example of bad vetting by her administration; Strange resigned after under a day when The Baltimore Sun found he was involved in three lawsuits as a BPD officer. [13] [29] [30] [31]

Catherine C. Blake sentenced De Sousa to 10 months in prison, one year of supervised release, and 100 hours of community service. Catherine C. Blake, U.S. District Court Judge (cropped).jpg
Catherine C. Blake sentenced De Sousa to 10 months in prison, one year of supervised release, and 100 hours of community service.

On May 15, De Sousa resigned, making him the third BPD commissioner to be fired or resign in three years. Tuggle continued to serve as acting commissioner, as he did when De Sousa was suspended. After his resignation, Pugh launched a search for the next permanent commissioner and vowed "this development in no way alters our strategic efforts to reduce crime by addressing its root causes in our most neglected neighborhoods". The BPD also said that De Sousa resigned from the department, having served long enough to retire. [32] [33] [34] [35] De Sousa's 116-day tenure was the second-shortest of a commissioner of the BPD, behind Ronald L. Daniel, who served 88 days from January to March 2000. [36]

De Sousa was scheduled to be re-arraigned on December 18. [37] At the re-arraignment, De Sousa pleaded guilty, and his plea deal revealed a history of tax issues since 1999: De Sousa improperly claimed nine allowances in June 1999, falsely claimed donations to charity from 2008 to 2011, and claimed deductions for mortgages and business losses when he did not have a mortgage or own a business from 2008 to 2012. The Internal Revenue Service sent a lock in letter to De Sousa and the BPD in 2015, preventing the BPD from reducing De Sousa's withholdings without approval. His sentencing was scheduled for March 29, 2019. [38] [39]

On March 18, 2019, 11 days before De Sousa's sentencing, prosecutors connected De Sousa's tax evasion to the GTTF, saying that its officers gave De Sousa tips on receiving inappropriate tax refunds. Gerard Martin, De Sousa's attorney, responded that while De Sousa received tips from the GTTF, he did not understand that the GTTF's tips were illegal. [40] [41] During the sentencing procedure, De Sousa's friend Darren Sanders and his sister Denise asked U.S. District Judge Catherine C. Blake for leniency, with Denise describing growing up with Darryl in New York City, saying he took his great-aunts to doctor appointments and waiting until midnight to walk his mother, who had Alzheimer's disease, home. She also said that Darryl paid property taxes on their house. Sanders described De Sousa as having "impeccable character", referencing De Sousa insisting on driving to New York City every day after his 12-hour BPD shifts when his parents became ill. Despite Sanders and Denise's petitions, Blake sentenced De Sousa to 10 months in prison, one year of supervised release, 100 hours of community service, and ordered him to pay US$60,645.10 [c] in restitution. Blake described the sentencing as a "sad day" for De Sousa and Baltimore, saying she sentenced De Sousa to prison to discourage other officers from evading taxes. At the sentencing, U.S. Attorney Robert Hur said that De Sousa's "failure to file was a crime not an oversight", and that "corrupt public employees rip off the taxpayers and undermine everyone's faith in government". De Sousa was expected to begin his sentence within six weeks. [42] [43] [44] [45]

De Sousa turned himself into the Federal Correctional Institution, Fairton, in New Jersey, on May 13. He was set to be released on March 11, 2020. [46] [47] [48] On February 14, 2020, De Sousa was moved to a halfway house, where he was placed under a curfew and required to attend programs for inmates; he was still set to be released on March 11. [49] [50] [51] [52]

Release from prison and later life

De Sousa gave his first public interview to WEAA on June 14, 2021. During the interview, he described the indictment as a "big storm", and said he took the "posture of an eagle", owing to his mistakes and "weather[ing] the storm", as opposed to being "an ostrich burying its head in the sand" and ignoring the indictment, hoping it would pass. [5] (15:53) He reported spending the beginning of his sentence self-reflecting, believing that his sentence would be a "waste" if he did not. [5] (16:34)

Personal life

According to the BPD, De Sousa lived in downtown Baltimore and had two children when he was appointed commissioner. [6]

Notes

  1. Also spelled "Cassella". [11]
  2. While WYPR reported that Casella was nominated for deputy commissioner of the Operations Bureau, [11] WEAA reported Casella was nominated as deputy commissioner of the Strategic Investigations & Support Services Bureau and Andre Bonaparte was nominated as deputy commissioner of the Operations Bureau. [12] The Baltimore Fishbowl also said Tuggle was deputy commissioner of the Strategic Investigations & Support Services Bureau when he became acting commissioner. [13]
  3. De Sousa's initial restitution was US$67,587.72; he had already paid US$6,942.62 before his sentencing. [42]

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