An independent arbitrator has ruled that Des Moines police Officer Barron “Bruno” Baldwin was fired “for just cause” following an October 2003 incident involving a drug informant.

In denying the grievance filed by Baldwin to get his job back, arbitrator Ronald Miller said “the City proved that Officer Baldwin engaged in serious misconduct....”

The police department “persuasively argued that termination is proportional to the severity of Officer Baldwin’s misconduct,” Miller added in his 34-page report issued Feb. 2.

Des Moines Police Chief Roger Baker and police guild President Ross Stuth said last week that rumors the department is “‘torn apart’ over this incident” are “inaccurate and untrue.”

In a letter to the editor, they added “that certain events [involving Baldwin] which unfolded on the evening of October 22, 2003, did not reflect the highest levels of public service that are the goal of everyone at the Des Moines Police Department.”

Baldwin and King County Sheriff’s deputies George Alvarez and Jim Keller were accused of roughing up Michael Winchester, the drug informant, the night of Oct. 22, 2003.

They also threatened to throw him into the Green River if he did not cooperate.

The officers claimed they subdued Winchester using legitimate police techniques only after he resisted them.

Baldwin was fired Oct. 31, 2004, following an internal department investigation. He had been a Des Moines officer since December 1999.

Alvarez and Keller received 20-day suspensions from then-Sheriff Dave Reichert following that agency’s own internal investigation.

In May, 2004, a King County Superior Court jury voted 8-4 to acquit Baldwin, Keller and Alvarez of unlawful imprisonment.

The jury also acquitted Keller of assault, and deadlocked on fourth-degree assault charges against Baldwin and Alvarez.

Miller said it was "troubling" that Baldwin was fired for actions identical to those of the deputies, who “participated in many of the same activities on October 22, 2003.”

But, he added, this grievance “focuses on Officer Baldwin's conduct, not that of the deputies....

“Chief Baker has the responsibility to establish rules and set performance standards for law enforcement personnel of the Des Moines Police Department,” Miller continued.

“In establishing and enforcing reasonable rules and standards, Chief Baker is not bound by the interpretation and application of rules and standards in other jurisdictions, such as King County.”

Citing “clear and convincing evidence,” Miller ruled against Baldwin on nine of the 15 counts brought against the officer by the police department.

“All charges against Officer Baldwin have not been sustained. Nevertheless, the charges sustained amount to serious misconduct by Officer Baldwin,” Miller declared. “Officer Baldwin, with other officers, engaged in deliberate, abusive intimidation of Mr. Winchester.

“Officer Baldwin verbally and physically harassed Mr. Winchester, including levels of force that were unnecessary and unreasonable under the circumstances. Mr. Winchester did not physically provoke the force uses against him; the intent of the officers was to teach Mr. Winchester a lesson.”

Miller added, “Deliberate, abusive intimidation, as proven here, merits severe discipline in its own right.”

He also ruled that “Officer Baldwin was untruthful during the internal investigation.... The City is correct to expect a high level of honesty from its police officers. Significant false statements made by Officer Baldwin amount to serious misconduct.”

Miller concluded that “A thorough and fair investigation was conducted by the Police Department prior to the ... discipline.”

Baker said following the ruling, "I really don't think anybody wins in arbitration....

“The police department lost, the guild lost, the city lost, obviously Officer Baldwin lost.”

Baldwin is suing the sheriff’s office for his arrest, jailing and prosecution. Alvarez and Keller have filed a separate suit against the sheriff’s office alleging similar mistreatment.

Miller did criticize the city for “not convincingly [establishing] the Mission Statement as a body of rules governing the conduct of its police officers. There is no evidence that Officer Baldwin knew ... that the Mission Statement contained rules, the violation of which could result in discipline.