Balenger fired for misconduct, previous instances of abuse arise

MINERAL COUNTY — Jim Balenger had a history of misconduct including excessive force and neglect of duty prior to joining the Mineral County Sheriff’s Office, according to documents released by the department.

Mineral County Sheriff Ernie Ornelas cited an “incapacity materially affecting (Balenger’s) ability to perform official duties” as a primary reason for the firing in a March 14 letter to Balenger. The letter goes on to cite four instances where Balenger violated the Mineral County Personnel Policy, specifically the portions of the policy dealing with falsifying records and negligence.

“Your past misrepresentations and false swearing have rendered you materially incapable of testifying in a court of law, where you are sworn to tell the truth, when it has been documented that you have sworn falsely and misrepresented information in the past,” Ornelas wrote in the letter. This rendered his credibility as a witness “absolutely nil.”

The termination letter determined that Balenger had lied about having no prior complaints regarding the excessive use of force.

Santa Monica Police Department

The department received documentation from a ruling dated July 11, 1983 regarding Balenger’s termination from the Santa Monica Police Department.

The notice of ruling stated that on Feb. 10, 1983, Balenger had issued a moving citation to Samuel Kuowei Yang on the Santa Monica Freeway. While returning to his vehicle, the passenger in the vehicle, Yiwei Han Chin, told Balenger to “slow down.”

The documents stated that Balenger forcefully dragged Chin out of the car, pinning him to the ground with his knee. He then proceeded to remove his service revolver from its holster, pointing it at both Chin and Yang, who was still in the vehicle.

Chin was arrested for assault on a peace officer, while Yang was arrested for obstructing a police officer in the discharge of his duties, stated the documents.

The Santa Monica Personnel Board found that Balenger “unnecessarily endangered his own life and the lives of others on February 10, 1983.” The board also stated Balenger exhibited poor judgment putting both the safety of himself and the passengers at risk. The incidents violated two sections of the Santa Monica Police Department Manual of Policy and Procedure.

The document stated the findings unanimously concluded the termination of Balenger with just cause.

Ronan Police Department

In a separate incident dated July 11, 1985, the Police Commission of the City of Ronan held a hearing in regard to three criminal charges against Balenger. The first charge related to Balenger’s admittance of taking a minor drinking in Kalispell. The second charge was that the same person had ridden inside of a police vehicle on multiple occasions without authorization and the third charge said Balenger left Ronan on a non-emergency, non-assist call without police protection.

“The Police Chief alleged, by his complaint, that such conduct had brought reproach upon the City of Ronan and its police force and that he had willfully violated the orders of his superior officers and the Mayor of Ronan,” stated the document.

The commission found Balenger “used poor judgment” when he took an 18 year old female drinking with him, and “brought reproach upon himself as a police officer and reproach upon the City of Ronan Police Department” in doing so.

He was also found guilty of “neglect of duty by leaving the city unprotected in a non-emergency situation and a non-assist call.” In the second charge regarding the passenger in the police vehicle, the commission found there had been a misunderstanding with the procedures, and therefore, Balenger was not found guilty.

After being found guilty of both the first and third charge, Balenger was suspended effective June 14, 1984 for forty-five days. However, the police commission did add in their report that the Ronan City Council had stated the city budget did not provide a salary for a part-time peace officer beginning July 1, 1985.

Mineral County Sheriff’s Office

Balenger was involved in an incident in the Mineral County Detention Center with then inmate D.J. Bass on Sept. 20, 2013 that resulted in the use of excessive force. After documents of the investigative report compiled by Department of Criminal Investigations Agent Kevin McCarvel were released, some inconsistencies with Balenger’s personnel file were discovered.

During the interview with Agent McCarvel, Balenger stated he had approximately 17 years experience in law enforcement when his records indicated only 13 years of experience.

In the interview, the documents state that Balenger was also dishonest about the amount of time he spent as a full time officer.

Balenger also swore before Acting Justice of the Peace Doug Sharkey that he had approximately 12 years experience in law enforcement prior to coming to Montana. However the letters show that Balenger only had five years experience prior.

From October 1977 to March 1981, Balenger was employed as a part time reserve officer for the Palos Verdes Estates Police Department, totaling to three years and five months of experience. He was never sworn in as a full-time officer. As for his experience at the Santa Monica Police Department, Balenger had two years of experience before being terminated.

Since Balenger did not disclose any of the information about either his prior disciplinary actions or past employment upon application for the position in Mineral County, Balenger was found in violation.

“Each of these instances constitutes a violation of the Mineral County Personnel Policy, which states in pertinent part: types of performance, behavior, and conduct the county considers inappropriate and which shall lead to disciplinary action include, but are not limited to, the following: (1) falsifying employment or other county records or making false statements; (25) any other act, failure to act, or negligence which is injurious to the county, county employees, or the general public.”

Balenger’s capability to be called as a witness was of concern to both Mineral County Sheriff Ernie Ornelas and Mineral County Attorney Marcia Borris.

“As you are aware, the county attorney has been reluctant, since the time she notified me of the need to make disclosures under Brady v. Maryland, to utilize you as a witness in any case because of her concerns about how your testimony would be viewed by a jury,” Ornelas stated in the letter.

After deeming Balenger’s credibility as a witness “absolutely nil” the documents state the termination is warranted since Balenger could no longer perform his official duties.

“Your past misrepresentations and false swearing have rendered you materially incapable of testifying in a court of law, where you are sworn to tell the truth, when it has been documented that you have sworn falsely and misrepresented information in the past.”

**Hagadone reporter Keith Cousins contributed to this story.