Sgt. Michael Marchand as a school resource officer in 2014.
Mark Alan Lovewell/Gazette file photo

Oak Bluffs Sergeant Resigns Amid Tangled Case of Missing Gun

A veteran Oak Bluffs police sergeant has resigned following a tangled internal investigation into a police department-issued rifle that went missing for more than two years and was later found beneath piles of equipment in the basement.

A veteran Oak Bluffs police sergeant has resigned following a tangled internal investigation into a police department-issued rifle that went missing for more than two years and was later found beneath piles of equipment in the basement of the town department.

Sgt. Michael Marchand will resign effective Feb. 2 with back pay for unused vacation time, according to a mutual separation agreement released by the town Thursday morning. A 16-year veteran of the department, Sergeant Marchand has worked in law enforcement on the Vineyard for 30 years.

A press release from the select board that accompanied the release of documents, including lengthy reports written by a Pembroke private investigator, said the circumstances surrounding the missing firearm will likely never be fully known.

“The missing rifle was . . . assigned to Sergeant Marchand and while we may never know the exact whereabouts of the weapon at all times over the past few years . . . the sergeant violated department rules when he failed to properly care for and account for the weapon,” the press release said in part.

The release of documents Thursday extensively chronicle the case of the missing so-called long gun, a Bushmaster model XM15-E2S M-4 patrol rifle.

Private investigator Paul L’Italien wrote a report in November 2021, was called back for further investigation after the gun was found and wrote a supplemental report in December 2021.

But in the end the exhaustive investigation led no clear conclusion about what had transpired.

According to Mr. L’Italien’s report, the rifle was issued to Sergeant Marchand in December 2016; at the time he was working as a school resource officer.

The report further recounts that Oak Bluffs Lieut. Timothy Williamson retired in October 2021 and Sergeant Marchand was assigned to take over some of the lieutenant’s duties, including tracking firearms. During a review of the firearms ledger, which was kept using a hand-written journal and Microsoft Word document, the sergeant discovered that records showed the gun was still in his possession, the report said. The sergeant notified police chief Erik Blake of the discrepancy, the report also said.

Soon after, Mr. L’Italien was hired to conduct an independent investigation, documents released Thursday show.

The investigator traveled to the Vineyard the following month. After interviews and a review of the records, he concluded in a written report that Sergeant Marchand had violated a series of police department protocols by failing to adequately protect the weapon from loss or misuse. In interviews with the private investigator, Sergeant Marchand cited poor recordkeeping and other lapses inside the department, but ultimately the report found him responsible.

“It is Sergeant Marchand who is responsible for the security of the weapons issued to him,” Mr. L’Italien concluded.

Dated Nov. 18, 2021, the report by Mr. L’Italien also recommended the department adopt more modern record-keeping methods for the use of weapons inside the police department.

On Dec. 14, 2021, the town issued a brief press release that the missing weapon had been found, and that an investigation remained ongoing.

Documents released Thursday show Mr. L’Italien was called back for further investigation.

In a Jan. 11 supplemental report made public Thursday, the private investigator gave a lengthy account of the work he conducted in December after the missing weapon had been found.

“The rifle was found under some large bags in a room which had been searched in October 2021 when the rifle was first reported missing,” the investigator wrote. “The rifle was discovered . . . inside a rifle case and the rifle was coated with rust, dirt and mold,” the report also said.

From there the continued investigation grew murky with numerous twists and turns. Among other things Mr. L’Italien interviewed numerous other officers inside the department, including one who had been assigned the rifle during training off-Island in the summer of 2019.

In the end the investigator said he could draw no clear conclusions.

“Unfortunately, the answers to the questions surrounding how the patrol rifle arrived in the lower-level training room of the police department, by whom it was placed there and at what time it was placed there are all undetermined,” Mr. L’Italien wrote.

“The investigation has established more questions than answers and unfortunately the new questions have not been answered,” he also wrote.

The investigator recommended that the case be closed.

The five-page mutual separation agreement between Sergeant Marchand and the town released Thursday includes non-disparagement clauses on both sides, stipulations that there will be no further public comment and other legal language. Sergeant Marchand will be paid $40,357 for 586 hours of unused vacation and compensatory time, according to the agreement. His letter of resignation was also attached.

The press release issued Thursday by the town further cited “a litany of false claims [that] appear to have been made by one of the sergeant’s lawyers in what may have been a misguided negotiation strategy aimed at securing a more favorable severance agreement. Quite frankly, this did not succeed.”

Comments

Submitted by Anonymous (not verified) on Thu, 01/13/2022 - 19:07

Permalink

TisKid VH

The chief and town needed tax payer money to pay an outside investigator to find their own gun and it still couldn't even be figured out what happened? More resignations please.

Submitted by Anonymous (not verified) on Thu, 01/13/2022 - 19:40

Permalink

Kelce Oak Bluffs

Looks like the Sergeant took the honorable approach and resigned when no police or town official would come to his defense. We'll never know the murky trail this gun traveled. Scapegoat? Yeah, I think that's what the town officials got.

Submitted by Anonymous (not verified) on Fri, 01/14/2022 - 00:47

Permalink

CM Va.

After reading the report, it was impossible to determine who actually had the missing weapon. It was odd however, that the surveillance video of the interior of the Department was NOT working, implying that some unknown person placed the weapon in the room. I was wondering if the model/serial number was recorded at the training range? At any rate, It seems to me that poor record documentation was the issue, not the Sgt. I have actually been involved in record keeping of firearms of a 400 man department. I had to physically see and recorded every weapon once a year, not to include the range officers who also recorded the weapons once a year. Poor record keeping and/or policy violations of issuance of a firearm. Smart move hiring an outside investigator. No one should be forced to resign or be fired.

Submitted by Anonymous (not verified) on Fri, 01/14/2022 - 07:17

Permalink

VH Native Vineyard Haven

They are getting to be like VH every day.
Now I have great concern about Regionalazation!

Lorraine EDGARTOWN

V H Native, I am with you, not only doubts, a definite no with me. I like our various towns on the island, I want them to remain separate. I think our Edgartown officials are terrific. I am usually in agreement with them, not always, but usually.

Submitted by Anonymous (not verified) on Fri, 01/14/2022 - 08:58

Permalink

CH Oak Bluffs

Officer Maliff had the weapon during training - summer 2019 (which is after Sergeant Marchand was assigned it). He acknowledged he had it and his name is on it. So, why no record of issuing it to him, or of him returning it? Why is he not also accountable to same policy as Sergeant Marchand? How does a weapon 'just appear' hidden under other equipment conveniently without surveillance working. Someone is being less than forthcoming. Accountability stops at the top.

Submitted by Anonymous (not verified) on Fri, 01/14/2022 - 09:14

Permalink

John Aldeborgh Edgartown

I feel badly for the Sargent. A slap on the wrist or a short suspension at most was appropriate as no one was hurt and no harm done by an individual who had dedicated his life to the community. Just seems very wrong, particularly since the report came to no real conclusions other than our system of firearm control is antiquated. This sounds like a real loose-loose outcome.

Submitted by Anonymous (not verified) on Fri, 01/14/2022 - 09:28

Permalink

Ken Rusczyk Oak Bluffs

Mike, you served our town well with professionalism and fairness. Good luck in your future endeavors. And please remember the saying, "no good turn goes unpunished."

Submitted by Anonymous (not verified) on Fri, 01/14/2022 - 10:24

Permalink

JG Oak Bluffs, MA

Sgt Marchand clearly is a scapegoat for the board of selectmen in this entire situation. A situation as murky as this leads to the resignation of an upstanding police officer with an impeccable record? He brought the issue to light. The selectmen have succeeded in weakening our police department, and with the upcoming retirement of Chief Blake, they have succeeded in removing the most senior officer left. if you were a candidate for the vacant positions, would you want to work there? Tax payer money has once again been wasted on senseless investigations. How is it that Chief Blake is not ever mentioned in any of this? It's on his watch this all occurred. Clearly the Selectmen had an agenda here. As an Oak Bluffs voter, its clear its time for a change in leadership on the Board of Selectmen. The chairman of the selectmen is too busy with his own agenda, and not worried about the welfare of our town.

Submitted by Anonymous (not verified) on Fri, 01/14/2022 - 11:53

Permalink

Jim Edgartown

Marchand keeps his pension and health insurance that I and the taxpayers pay for...It is win win for him. Now, he can get another government job with another pension...... just saying happens al the time....

Submitted by Anonymous (not verified) on Sat, 01/15/2022 - 14:12

Permalink

Rick Tarter Northampton Massachusetts

Mike is and always has been and always will be a stand up guy. Great Police Officer,family man,citizen,outstanding human being. I'm sure a landslide of the citizens of Oak Bluffs and the rest of the Island wish him the best. I'm sure Mike will move on from here and continue to have a successful life .Keep your head up Mike we got your back.

Add new comment

Plain text

  • No HTML tags allowed.
  • Lines and paragraphs break automatically.
  • Web page addresses and email addresses turn into links automatically.