- Subject: NPS Morning Report - Thursday, March 4, 1993
- Date: Thurs, 4 Mar 1993
RANGER ACTIVITIES DIVISION
MORNING REPORT
Attention: Directorate
Regional and Park Chief Rangers, USPP, BIFC, FLETC
Ranger Activities Division Information Network
Day/Date: Thursday, March 4, 1993
Broadcast: By 0800 EST
INCIDENTS
90-109 - Gulf Islands (Florida/Mississippi) - Update on M. Homicide
On November 3, 1992, a three judge panel of the United States Court of
Appeals for the Fifth Circuit heard oral arguments on whether or not the
death penalty may be imposed under certain federal first-degree murder
statutes consistent with the Eight Amendment. The government contends that
the murder of a federal law enforcement officer in the performance of his or
her duties is punishable by death as set forth in 18 USC 1111 and 1114.
U.S. District Judge Walter Gex had ruled in favor of defendants B. and
W. on December 11, 1991 and granted their motion to strike the death
penalty. The government's case was presented by Assistant to the Attorney
General Andrew McBride with the help of Assistant U.S. Attorney Jay Golden
of the Southern District of Mississippi. Superintendent Jerry Eubanks,
Chief Ranger Gene Phillips, Mrs. M., and the M.'s daughter K.
attended the hearings. A ruling was expected by January or February. On
January 12th, the park was advised that the three judge panel had ruled in
favor of defendants W. and B. and declined to overturn Gex's
ruling. Early in February, information was received indicating that the
acting Solicitor General in Washington might approve an appeal of the
appellate court's decision to the Supreme Court, but the park was later
advised that Justice had instead asked for a review of the three judge
panel's opinion before the full U.S. Court of Appeals for the Fifth Circuit.
Because a new Solicitor General has not been chosen and because of other key
vacancies in the Justice Department, they felt that this was the best way to
go. It may take from six months to a year for any further action or
decisions on this case. [Gene Phillips, CR, GUIS, 3/3]
93-100 - Grand Canyon (Arizona) - Embezzlement
Following a visitor complaint about an improper fee collection transaction
in the fall of 1992, rangers conducted audits of campers visiting Mather
Campground and determined that there was potential for theft of camping
fees. Further investigation and subsequent covert operations by law
enforcement personnel revealed that several employees of MISTIX, Inc., then
the campground fee collection contractor, had embezzled from $25 to $200 in
camping fees each day between June and November. The exact total could not
be determined, but it's estimated that from $3,000 to $30,000 was taken.
Investigators determined that the embezzlement began as an effort to
maintain a "slush fund" to cover shortages due to change-making errors, but
that it gradually expanded far beyond that. Ten separate methods were
employed to embezzle funds - some specifically related to the MISTIX
operation, but others that could have occurred in an NPS-staffed operation.
Three employees admitted to having knowledge of the other employees'
involvement in the thefts, thereby establishing that conspiracy had existed.
A large percentage of the thefts can be attributed to the fact that the on-
site supervisor did not enforce accountability procedures. A total of seven
employees were charged with theft of fee collection monies. Following plea
agreements, four were found guilty of theft and paid fines from $500 to
$1,000 and were each placed on a year's probation. Incarceration time was
suspended pending successful completion of probation. Three cases are still
in magistrate's court. Contact Dan Kirschner or Steve Bone at Grand Canyon
for further information on this case. [Ken Miller, CR, GRCA, 3/3]
STAFF STATUS
Division Chief: Brady at Southwest Region chief rangers' conference (3/33/5).
Branch of Resource and Visitor Protection: Dickerhoof at law enforcement
refresher (3/1-3/3).
Branch of Fire and Aviation: Broyles and Bristol at training and safety and
health conferences (3/1-3/2); Broyles at NFPA quals committee meeting (3/3-
3/5).
Prepared by WASO Division of Ranger Activities
Telephone: Branch of R&VP - 202-208-4874
Branch of F&A (WASO) - 202-208-5572
Telefax: Branch of R&VP - 202-208-6756
Branch of F&A (WASO) - 202-208-5977
cc:Mail: Branch of R&VP - WASO Ranger Activities
Branch of F&A (WASO) - WASO Fire and Aviation