Detective Mark Santon returned to work Thursday.
Heather Hamacek

Tisbury Officer Back on the Job, Despite Harsh Report

A Tisbury police officer who has served on the town force for more than 25 years returned to duty just as the town released a critical report.

A Tisbury police officer returned to work Thursday just as the town released a report that harshly criticized his handling of a detainee who ended up in the emergency room after he had left her alone in his cruiser.

Det. Mark Santon, who has served on the town force for more than 25 years, had been on paid administrative leave since Jan. 31, while the town hired a retired Cape Cod police chief to examine his handling of the Jan. 27 incident.

His return coincides with a change in Tisbury police policy and procedure involving the transport of people who have been arrested to the county jail. The new policy will require that anyone arrested not be left alone for any period of time as they are transferred.

On Jan. 27, Mr. Santon responded to a minor accident involving two vehicles, one operated by Mark Clarke, 51, of Vineyard Haven, and the other operated by Alice A. Ribeiro, 41, of Edgartown, according to the publicly available police reports. When officers responded to the scene, a check revealed that she was a Brazilian national with no driver’s license and one prior arrest in 2009 for driving without a license. Reports recount that she was placed under arrest, handcuffed behind her back and placed in the back seat of a cruiser driven by Detective Santon for transport to the Dukes County jail in Edgartown.

Detective Santon’s report details the events upon his arrival at the jail. When he went inside seeking a deputy for assistance, he left Ms. Ribeiro in the back of the cruiser for what his report describes as “a few minutes.” According to the report, when the law enforcement officials returned to the car the woman was slumped over and unresponsive, apparently having freed one hand from the cuffs. The cord from the hood of her sweatshirt was “tightly wrapped around her neck twice and tied off with a knot,” the report said.

An independent investigation into the events conducted by retired chief Arthur A. Parker Jr. from Wellfleet, Mass., found that Mr. Santon’s behavior constituted multiple violations of the Tisbury police department manual.

According to the report, dated April 13, Mr. Santon improperly handcuffed the woman, left her unattended in his cruiser for more than 13 minutes, failed to report an emergency to his shift commander and lied to the investigator. The report repeatedly described his conduct as “unbecoming of an officer.”

The investigation concluded that the woman was able to remove one hand from her handcuffs and attempt suicide due to being improperly cuffed by Mr. Santon and then left unattended as he entered the jail that night.

“Officer Santon’s allowing his prisoner to remain unattended in his cruiser for over 13 minutes was totally in conflict with the training he has received throughout his career,” the Parker report said, noting the widely accepted knowledge among veteran police that the first three hours in custody for prisoners are considered a dangerous time for attempted suicides.

While the report found Officer Santon committed serious breaches of duty, it characterized his dishonesty during the investigation as the most egregious action. “Officer Santon has demonstrated that he was untruthful during this investigation. The communities served by police officers throughout the country understand that those officers are not perfect, that they can make mistakes but also have an absolute expectation that all officers are truthful,” the report said. Mr. Santon was untruthful when he denied that jail staff repeatedly inquired about the detainee, the report said. A jail staffer became concerned about the well-being of the detainee because she had previously been entered in a statewide database as a suicide risk, the report added. It further detailed that Mr. Santon was untruthful when he claimed the prisoner was left unattended for four to five minutes, instead of over 13 minutes, according to the findings of the investigation. Lastly, it said he claimed to have called the Tisbury police station to alert his shift commander, but cell phone records show he did not call the station until after the prisoner had arrived at the hospital, according to the report.

A copy of the report released to the Gazette was heavily redacted and did not include a specific recommendation for action.

While the report painted an unflattering picture of Mr. Santon, selectman Melinda Loberg said the board was presented with conflicting information during a nearly three-hour executive session on May 26, called to consider disciplinary action against Mr. Santon. Mrs. Loberg would not comment on what the contradictory evidence was. She confirmed that the selectmen took a vote at the end of the hearing, and that the vote was unanimous. But said the vote could not be disclosed because it involves a personnel matter.

Tisbury police chief Daniel Hanavan confirmed Mr. Santon returned to work on Thursday for the evening shift. He would not comment on the action taken by the selectmen or the investigation report released by the town. A phone message left for Mr. Santon was not returned by press time.

The chief confirmed a policy change for transferring detainees to the jail came out of the January incident.

“For 30 years there was not an event like this one,” he said. The new policy, endorsed by the selectmen at their Tuesday meeting, dictates that officers will secure their weapons in the trunk of the cruiser instead of inside the jail, which was past practice.

“We started a new procedure when we take someone down to the jail when they are under arrest,” Mr. Hanavan told the selectmen. “We don’t leave them by themselves at any time, they’re always going to be in our custody.”

Speaking on the phone on Thursday, the chief declined further comment other than to say: “I think overall we do a good job in the community, we have some good officers.”

Police union president and Tisbury Det. Max Sherman, who was present at Mr. Santon’s hearing, said the matter has been resolved but would not comment on the specific action taken.

“It’s over, we’d like to move on,” Mr. Sherman said.

In addition to endorsing the policy change, Tisbury selectmen requested on Tuesday that the department seek additional training, specifically in handling cases with women and immigrants. A community group, We Stand Together, had requested the town look into creating policies specifically for handling cases that involve women, immigrants and people suffering with mental health issues.

“I want to be proactive and look at what training is out there, what can our department do,” said selectman Tristan Israel.

Comments

Submitted by Anonymous (not verified) on Fri, 06/02/2017 - 07:20

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PaulliD Edgartown

The woman was driving without a license, AGAIN! While I do not condone Mr Stanton actions what is happening is that the revolving door of our laws so that illegals can stay and break our laws must cause our law enforcement esources to have a 'who cares' attitude. This woman needs to be told that if she is caught again she will be deported. There has to be consequences or attitudes will not change.

Submitted by Anonymous (not verified) on Fri, 06/02/2017 - 07:28

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Joe Vineyard Haven

Reporter and MV Times shame on you. This is no story except that someone wanted to get rid of this Detective. Spend time on articles about real issues.

Submitted by Anonymous (not verified) on Fri, 06/02/2017 - 07:53

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Disturbed and Dismayed West Tisbury

An acknowledged lying police officer back on the job!!! You should be ashamed of yourselves. Give the people the best and brightest on the force. He should be fired. Period.

Submitted by Anonymous (not verified) on Fri, 06/02/2017 - 08:02

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J. C. Chilmark

I think you the town should consider hiring a younger honest person, a no brainer in my book.

Submitted by Anonymous (not verified) on Fri, 06/02/2017 - 09:33

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How can it be Martha's Vineyard

Amazed that this officer is allowed toward. How can you lie and expect the courts to treat your testimony with truthfulness.
Who allowed this officer to stay on? Time to retire.

Submitted by Anonymous (not verified) on Fri, 06/02/2017 - 09:49

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Barney Zeitz VH

My few interactions with Detective Mark Santon were very positive. He was sensitive and responsive to what I consider a difficult subject matter that I was dealing with. I think he deserves the benefit of the doubt, and given another chance.

Submitted by Anonymous (not verified) on Fri, 06/02/2017 - 12:02

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Sandra Polleys Blooming Grove, PA

My hope is that Ms. Ribeiro gets adequate help to get at the root of and resolve any suicidal tendencies she may have.

Submitted by Anonymous (not verified) on Fri, 06/02/2017 - 12:02

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Frank Malowski Florida

Four years ago I brought my gun to Stark Jewelry store to change the battery in my laser according to my gun manual. While I was in my car a young officer saw me with the gun on my seat (unloaded, with my permit in the glove compartment) While about 5 officers were trying to figure out what to do with me, instead of just giving me a simple ticket at the MOST a man in street clothes came up to me and literally got in my face and started yelling questions at me. I said, " who the hell are you!" And he said "I am Detective Santon, and then showed me his badge. I, having a B.A. in Criminal Law and being an ex-probation officer told him you are supposed to identify yourself FIRST and THEN ask questions treating one as a non-criminal. Well, after I said what I said to him I got immediately arrested, handcuffed, and put in a patrol car while my dogs and car got impounded even though I told him my girlfriend was two stores away. I sat in that car with the windows up for a very long time (hot summer day) and asked the officer if my cuffs could be loosened and could you please put the air conditioning on. I was ignored and when I got to the jail I was soaked with sweat. I was 65 and had two heart attacks. I had never so much as gotten a speeding ticket in my life, was a retired New York Deputy Fire Cheif with a perfect record. After I got my car back I found Mr. Santon notebook and returned it to him which he never even said: "thank you" ; the way he had treated me I could have thrown it in the ocean. The incident was in the newspapers and I was very embarrassed being that my son was a teacher at the high school. My dream was to live out my life on the Island which I loved so much. I later found out I had grounds to sue but did not have the money for a lawyer so I just left the Island in shame.

Submitted by Anonymous (not verified) on Fri, 06/02/2017 - 13:04

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k.sawyer vineyard haven

While I do not know nor ever had an occasion to interact with Officer Stanton, he has over a 25 year unblemished history serving our community. I support the decision to return him to his position. Whatever lessons learned and actions taken, Officer Stanton along with the Tisbury Police department will be stronger for it.

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