Stimpson's lawyer: "There was no misrepresentation" - FOX10 News | WALA

Stimpson's lawyer: "There was no misrepresentation"

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MOBILE, AL (WALA) - Mobile Attorney Arthur Madden is representing Sands Stimpson, who is charged with impersonating an officer. He said Monday he was not aware the case had been turned over to the State Bureau of Investigation.

Stimpson was arrested and charged with impersonating a peace officer May 22 after he was pulled over by an Alabama State Trooper on Bay Bridge Road. Stimpson is the son of Mobile Mayor Sandy Stimpson.

The State Bureau of Investigations is the investigative division of the Department of Public Safety according to a state website.   The new Secretary of Law Enforcement, Spencer Collier has assigned Sands Stimpson's case to the agency.  Stimpson's lawyer says that's news to him. Arthur Madden said he found out about that development from Fox Ten News.

"It doesn't seem like the ordinary course, but  I need to make some phone calls to find out what's going on.  You're just showing me this," Madden said.

That was Mobile attorney Arthur Madden's response when Fox Ten News reporter Renee Dials showed him the email from State Troopers indicating Sands Stimpson's case is now in the hands of the State Bureau of Investigations. 

Madden said he believes this kind of case would normally be handled locally.

"Well, it would be handled by the state troopers and it would be, worked up by the District Attorney's office and presented for a preliminary hearing by the district court, whether the case was bound over or not, we would go from there," Madden said.

Stimpson was arrested Friday after being pulled over by a State Trooper on Bay Bridge Road.  Stimpson had a Deputy Game Warden badge.  

Sands Stimpson released a personal statement Saturday, along with a copy of a 2007 letter from the State Department of Conservation verifying his appointment as a Deputy Game Warden. In his statement, Stimpson said: "I never represented myself as something that I am not."
An email from State Trooper Jamie Maloy with the Public Information unit of State Troopers states: "The State Bureau of Investigations has been assigned to investigate by the Secretary of Law Enforcement."

"The letter that you're referring to is back in 2007, and that was his authorization to obtain the badge that he had at the time.  That badge clearly says Deputy Game Warden.  And the Deputy Game Warden is not a peace officer," Madden said.

Madden said his client took a test for the position which applies only to private property owned by Stimpson's family.   According to Madden there is no expiration to the appointment. 

"The statute by it's terms does not have a sunset on it," he said.

Madden said expects a positive outcome for his client.

"I just want to learn more about the facts of this case, because I believe that there was a misunderstanding, certainly there is no felony offense.  There was no misrepresentation and I know he'd like to get this behind him, and I would hope that for him too," Madden said.

The State Bureau of Investigations is part of the new Alabama Law Enforcement Agency (ALEA)  under Spencer Collier.  The ALEA was established January first.  Fox Ten News contacted Collier and the local office to find out why the case was transferred.    We are waiting to hear back from them. 

We also requested the arrest report from state troopers.  We received it Monday afternoon.  However, most of the information on the report is blacked out.   It does not include the specific details about what transpired between the trooper and Stimpson.  It does tell indicate that the driver was sober, and that the evidence seized was the badge. 

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