A four-month Carbondale Police Department internal investigation into the conduct of an off-duty officer is over. The officer has been cleared of any wrong-doing by the Carbondale Police.

A complaint was filed against Officer Chuck Shiplett in May by Carbondale resident Irvin Maloney, stating that the officer made an obscene gesture from his truck at Maloney, then produced a gun when Maloney asked Shiplett about his driving ability.

Maloney, a John A. Logan student and three year resident of Carbondale, said he received a letter from Carbondale Police Chief Don Strom dated Aug. 10. Strom stated in the letter that no further action will be taken on Maloney’s complaint.

Advertisement

I am speechless but however not surprised it turned out this way, Maloney said.

Maloney said the complaint he filed with the Carbondale Police Department and State’s Attorney Mike Wepseic’s office alleged that he, his cousin Michael Maloney, an SIUC alumn, and his friend Devon Higgins were driving on Rt. 13 when a GMC truck driven by Shiplett cut him off.

Maloney said Officer Shiplett stuck up his middle finger, shouted profanities and pulled out a gun when questioned about his driving ability.

Strom said in the letter that Maloney, from a statutory perspective, failed to yield the right-of-way to the right-hand traffic lane and that Maloney failed to adjust his vehicular speed and position his car to merge safely into the traffic lane.

The letter said Maloney was at fault for not properly yielding the right-of-way when entering the construction area on Rt. 13.

Strom said Shiplett had the legal right to be in possession of the handgun. He said the hand gun was in its holster during the entire confrontation.

Strom said that Shiplett had the legal right to have the gun in his personal vehicle and had the right to remove it from his glove compartment when he received a potential threat to his safety. Strom said Maloney did get out of his vehicle and approach the officers truck, which constituted a threat.

Advertisement*

Strom stated in the letter that if Maloney and his passengers had known Shiplett was an officer, and if Shiplett was on duty, his obscene hand gesture would have been improper, and appropriate action would have been taken.

I do not condone such conduct by anyone, but it was never recognized that the officer was representing the City of Carbondale or the Carbondale Police’ Strom said.

Mike Wepseic was unavailable for comment on the findings of the investigation.

The State’s Attorney has all the facts of the case and Maloney’s statement, and I am sure he will come to the same conclusion we did, Strom said.