DA to receive internal investigation case

MOBILE, Ala. (WALA) - The investigation into a former police captain has concluded, but a big question centers around possible criminal charges.

Retired Captain DeWayne Hill is being investigated for unauthorized use of a debit card.

The police department said it's up to the victim if criminal charges will be filed, but FOX10 News learned Hill could be charged anyway

Hill was the center of an internal police investigation.

Mobile Police Chief Micheal T. Williams said Hill illegally used a debit card for personal use. The account was opened by an advisor to the Mobile Explorers program.

The program gives young adults a taste of police work, and the money was meant for them.

But instead officers said Hill used the money to buy clothes and a fishing license.

Hill retired early to avoid penalties from the police department.

Chief Williams said, "It's theft. You can't do that. And If I can't trust you with a small amount of money, certainly I can't trust you with a large amount."

Williams said it’s up to the victim to decide if criminal charges could be filed.

But Mobile County District Attorney Ashley Rich said charges could be filed anyway.

The DA's office will now take over the case.

"The district attorney's office is the one that determines whether charges go forward or not. We could absolutely bring charges, even if a victim does not want to go forward if we can prove the case without a victim," said Rich.

The DA said they've prosecuted cases without victims, and she expects charges could be filed.

"I don't see any reason why the charges wouldn't go forward in this case based on the fact that it's a theft of property case that can be proven with financial records," Rich said.

Rich has not received the case yet. She expects the case to be turned over to her office sometime in the next couple of weeks, but she said this turn of events is very sad.