The state Council of Peace Officers Standards and Training has reversed its 1993 decision to permanently revoke the police officer's certification of former Duchesne County Sheriff Rick Harrison.
The council took the action after meeting behind closed doors for 30 minutes. The reversal was based on the conclusion that Harrison's offense was not as egregious as previously believed."I know you'll be happy not to see my face again," an elated Harrison told the council.
Harrison becomes the first decertified police officer in history to be reinstated by the council.
Harrison can get back his police certification once he passes the appropriate POST examinations.
Harrison, 40, has been working construction and other odd jobs but intends to get back into law enforcement as soon as possible. He said he does not intend to run for sheriff again.
In 1992, Harrison ordered three 9mm MP5 assault rifles from Heckler & Koch, a major arms manufacturer based in Sterling, Va. In his order, Harrison indicated the guns would be used by the sheriff's office.
Documents prepared by H&K accompanying the shipment specified that the guns, which the company considers automatic because of how easily the trigger mechanism can be converted, were exempted from federal tax and were to be used only for law-enforcement purposes. The invoice indicated a price of about $875 each. A civilian version of the gun sells for about $3,200.
In documents obtained by POST investigator Fred Baird, three Duchesne County individuals wrote money orders for $875.54 each to the sheriff's office for the guns.
Harrison deposited the money in a special sheriff's office "Coke fund" and later sent a check for $2,626.62 to H&K.
Harrison, a former Utah Highway Patrol trooper, then delivered the guns to his friends.
A federal investigation in early 1993 resulted in a misdemeanor charge against Harrison for falsifying records. A U.S. District judge fined him $5,000.
After Baird's investigation, a state administrative law judge recommended the POST council suspend Harrison's police certification for two years, but the council decided to revoke the certification.
By law at the time, a revocation was for life, subject to an appeal to the Utah Court of Appeals. A law passed by the 1997 Legislature allowed revocations to be reexamined by the POST council if new evidence emerged.
Harrison petitioned the council to reconsider its 1993 decision on the grounds that the guns really were semiautomatic and not automatic weapons. Several council members in 1993 apparently voted on the belief that the guns were automatic.
Council member Darla Clark said this case is not about whether the guns were automatic or semiautomatic. The real issue is it is against federal law to obtain a gun through tax-exempt and dealer-discounted channels and then sell it to civilians, said Clark, mayor of Logan.
Council member Kelly Larson, deputy St. George police chief, made a motion to uphold the council's 1993 decision, saying Harrison's conduct was deceptive. Larson's motion failed 5-8.
Council member Dave Carter, Juab County sheriff, then moved to rescind the revocation based on "new evidence" that the guns were semiautomatic rather than automatics. The motion passed 9-4.