Officer suspended after arrest

 

By Katharhynn Heidelberg
Daily Press Senior Writer
Published/Last Modified on Thursday, July 2, 2009 12:06 AM MDT

OLATHE — An Olathe Police officer has been suspended without pay, after his arrest on allegations of domestic violence and misdemeanor assault, stemming from a woman's accusations of corporal punishment.

Olathe Town Administrator Scott Harold said he understood Officer Michael Percival had been suspended from the force after his June 26 warrant arrest by the Montrose County Sheriff's Office.

Percival has since posted a $2,500 bond. A phone number for Percival could not be located.

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Town Attorney David Masters said the suspension is considered a disciplinary action and so, a hearing must be slated with the mayor pro tem. (Olathe's mayor resigned last week). Masters was not aware of whether such a hearing had been scheduled.

Police Chief Ric Hawk said he could not comment on the arrest.

The sheriff's office investigation into Percival began after a woman with whom he reportedly had a prior intimate relationship was arrested June 18. According to the Montrose Combined Courts, she has since been charged with third-degree assault, harassment, DUI and phone obstruction; she is also free on bond.

The Daily Press is not identifying the woman at this time, due to the nature of her alleged victimization.

According to Percival's arrest affidavit, Deputy Sue Clements discovered marks on the woman as she was changing into a jail uniform. She reportedly told Clements Percival was responsible, and later elaborated to investigators that Percival had drawn up contracts "dictating what he expected from her on a daily and weekly basis."

She provided two "contracts" she alleged Percival wrote. These reportedly addressed expectations concerning her hygiene, behavior, sexual behavior and clothing, and spelled out punishments, including belt spankings, she could expect if she did not meet demands.

The woman said Percival became angry at her June 15 because she asked why she wasn't included in a fishing trip. She knew she was in for it, she said, and alleged that later that night, Percival arrived and made her submit to a spanking.

The beating was to entail 50 lashes, but he agreed to split up the punishment, she said, administering 25 lashes with a belt that night.

"(Woman) said she had to count each lashing and tell him 'thank you' after each strike and if she failed to count or miscounted, Percival would start over from the beginning," MCSO Investigator David Harrison said in the affidavit.

The woman said the spankings, which she alleged were a regular occurrence over the course of a few years, were not a form of sexual foreplay, but punishment that was painful.

"(She) said she never liked the spanking, but she accepted it from Percival because she loves him," Harrison's affidavit said.

Percival was arrested on a warrant at the Olathe Police Department. He has been charged with third-degree assault and domestic violence and returns to court July 15.

A previous domestic violence case against Percival was dismissed in 2007.

 
 

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Comments

    BDSM lover wrote on Jul 28, 2009 11:49 AM:

    " It is sad and amazing that people form opinions based on ignorance and without any facts. Reading this blog has me concerned. Anyone with an alternative lifestyle seems doomed if this blog is an example of what a 'jury of your peers' consists of in this context. We would do better NOT to force our morals on other people. Let people make their own choices regarding sexuality. We make not agree but that is our right just as it is their right not to agree with us. "

    BDSM lover wrote on Jul 28, 2009 11:45 AM:

    " It may seem weird to you...I am a woman and I love to spank men!!! I have been spanked and I enjoy it, but nowhere near as much as I enjoy spanking others!! Sometimes bruising results. If it is ok with the person I am spanking, I will leave bruises that last days even weeks. It always looks worse than it felt. I have had the same bruises and wore them proudly! Yep, go ahead and judge me as a freak, but I assure you, I have a lot more fun than you probably do! LOL. "

    BDSM lover wrote on Jul 28, 2009 11:43 AM:

    " Guess what folks!? These two were practicing BDSM in the privacy of their homes. For the people who are ignorant regarding BDSM, BDSM involves spanking, rituals involving discipline, and sadism and masochism. You may not agree with certain forms of sex, or with ALTERNATIVE LIFESTYLES such as same sex relationships, oral sex or anything other than the missionary position- and yes, sadly people have tried to govern the private sex lives of others for centuries. Is it not high time that we STOP trying to govern the private lives of others? "

    red tree woman wrote on Jul 11, 2009 3:25 PM:

    " i know mike i worked with him for a couple years and we were good friends..he always treated me with kindness and respect..was always there if i needed help..being a single mom that happens from time to time..i also know her..she is street trash and lives that way..i think once again she is trying to get a man hung ..truth will be known in the end.. "

    Olathe Resident wrote on Jul 11, 2009 12:05 AM:

    " I agree that the Town gets what they pay for. That is obvious when you look at all the employees that are not management...half of public works is a joke...I have only seen 2 that pull their weight, and one of them appears to be younger then my 28 year old son. They had good cops before, but they left right along with 90% of the Town employees 3 years ago. The whole town needs investigated...not just this one officer. "

    Jimmyjack wrote on Jul 9, 2009 7:26 PM:

    " For all of you quick to lump "all" law enforcement officer into the same pile, is akin to saying all highshool kids are murderers (Columbine High School).

    Think about it for a minute if you are able. This is a job that few can/want to do and as with every thing else, you get what you pay for. The caliber of officer at the Olathe Police Department is what they pay for.

    Yes, shame on the Town of Olathe for taking what they can get, but it usually comes down to cold hard cash. "

    You are corrected wrote on Jul 8, 2009 6:17 PM:

    " Per Se

    Do your homework Haga and Lindstrom were on the board when he was hired.
    The others were hudson, shriver, novotney,palmer and and the worst mayor before the last one wayne blair. "

    Enigma wrote on Jul 8, 2009 4:46 AM:

    " where does it say "Protect and Serve" on the LE cars anymore ?? "

    GA Peach wrote on Jul 6, 2009 11:25 PM:

    " 50 lashes with a belt or a whip is not a "spanking" it's a "beating". Assault (threat of violence) and battery (violent physical contact) are not the same as corporal discipline. "

    OMG wrote on Jul 6, 2009 9:53 PM:

    " Good thing we have a court system that will sort this all out, And NONE OF US NEED TO PROSECUTE OR DETERMINE THE TRUTH!! Obviously law enforcement sees this as a crime. The truth will come out. Just leave it be! "

    onesided wrote on Jul 6, 2009 9:18 AM:

    " This is only one side of the story. Why don't we hear what this guy has to say. "

    Seriously wrote on Jul 6, 2009 8:49 AM:

    " To "to omg" how would you know that it is easy to get into Law Enforcement around here? Are you saying that you are a cop and you know what it takes, I doubt it. Please know what you are speaking about be fore you post!! "

    tiffany wrote on Jul 6, 2009 12:56 AM:

    " this sounds a little out there if you ask me, sounds like she just kept talking and making it up as she went, like kids do when they are making up a story to entertain someone. remember just because you are charged with a crime does not mean you are guilty. there are countless times a disgruntled lover, employee, etc. has made allegations of a crime that was found to be untrue.. "

    in this case wrote on Jul 5, 2009 10:17 PM:

    " either way a contract of this nature amounts to slavery "

    in this case wrote on Jul 5, 2009 10:15 PM:

    " how does anyone know this contract was signed of free will? knowing the officers preferences for brute force, the signature could have forced by the belt or worse. "

    fort morgan wrote on Jul 5, 2009 2:24 PM:

    " as for the women who has a track record with doing this to men.. but do you look at her, no sence she is female the blame falls on the man.. Get this right woman are just as bad as men they can do the same things men so and come out on top...i would look very close "

    fort morgan wrote on Jul 5, 2009 2:22 PM:

    " into her past and see what you find..
    im very up set that this has happend to him.. he dont deserve this nighter dose his family...
    very very upset ( sence i cant say how i really feel) from fort morgan "

    the source wrote on Jul 5, 2009 11:26 AM:

    " I wanne see the contract details, and any video "evidence" that may be found.
    We need ALL THE FACTS before we properly condemn this man. "

    RuKidding wrote on Jul 5, 2009 11:18 AM:

    " Quite frankly, I don't give a rat's rear what the woman does or doesn't like in her personal life. She is obviously a damaged person, who needs help, not beatings.

    I am very concerned that a policeman, a person sworn to uphold the law, to PROTECT and to serve would beat someone with a belt on a regular basis for giggles.

    Our citizenship deserves good, qualified officers. Not Kinky Kops who beat women for fun. "

    BaldJim wrote on Jul 5, 2009 10:54 AM:

    " If some of the posters in this thread are sincere, the mental health - psychological section of the peace officer certification process needs to examined for adequacy. "

    to know her wrote on Jul 4, 2009 10:51 PM:

    " Maybe those things are true of her character. He should still know better!!! "

    know HER wrote on Jul 4, 2009 3:25 PM:

    " This lady LOVES these types of relationships! This is NOT her first dominating relationship, nor is it her first contract. She likes to be controlled, and spanked. She likes it tell the man wants out of the relationship, THAN she tries to get him for domestic violence. Look up HER record, she has reported all of her past boyfriends for domestic shortly after they broke up with her! "

    cindi wrote on Jul 4, 2009 11:33 AM:

    " I dated a cop who would spank me if I disobeyed his rules. I kinda liked the feeling of being protected and looked after but I did not always enjoy this type of treatmet. Since I never knew my father, it felt comforting yet till hurt. He only used his hand so I at least did not feel like I was beong beaten, only spanked. "

    to OMG wrote on Jul 4, 2009 8:40 AM:

    " Trust me its easy to become a cop around here really easy. "

    OMG wrote on Jul 3, 2009 11:27 PM:

    " "rukidding"- you got that one right! Where were the shrinks on graduation day. The police departments do extensive criminal background checks, credit checks, etc before they hire. They even to psych evals! It sure seems funny how so many of the have control issues! I think people with those problems are drawn to this profession! That, or maybe being cops makes them more that way?? "

    OMG wrote on Jul 3, 2009 11:12 PM:

    " Cassie-
    Are you serios??? Don't get where you are coming from. So you think she should have "negotiated" how much control and abuse she was ok with? No way! Ever think she signed it because she was desperate and already suffering emotional damage from an emotionally abusive relationship? This guy has serious problems, and the last job in the world he should have is as an authority! "

    OMG wrote on Jul 3, 2009 11:09 PM:

    " "know officer well"- You're missing the whole point! Why was there ever a contract to begin with?? Weather or not she signed it is kind of irrelevant. If he was normal....why would he ever ask her to??? "

    THE BIG wrote on Jul 3, 2009 11:06 PM:

    " Who are you supposed to call when the police are criminals? "

    RuKidding wrote on Jul 3, 2009 11:54 AM:

    " Wow. Isn't anyone concerned that a man in a position of trust and power beats a woman with a belt? For fun?

    The article says the woman didn't like the beatings but went along because she loved him.

    That's-----not love.

    Where were the shrinks the day this guy graduated from the police academy? "

    Cassi wrote on Jul 3, 2009 11:30 AM:

    " If you agree to be in a M/s relationship then you do as your Master wants and has written out for you. If she didn't agree with it she shouldn't have signed his "contract" or she could have negotiated terms. "

    BaldJim wrote on Jul 3, 2009 8:39 AM:

    " Now we will hear from the >spare the rod & spoil the child< crowd.

    O.K. We are in a budget crunch. Let's substitue public lashings and/or time in the stocks for fines and jail time for offences less than felonies.

    Driving under the influence, 10 lashes with the cat of 9 tails laid on well - in front of the Justice Center. "

    BaldJim wrote on Jul 3, 2009 8:24 AM:

    " Corporal punishment exists in several situations. Mental health professionals probably condemn all of them - I suspect.

    Mutual consent is unlikely to be a defense for a violation of the law against assualt - which is a breach of the peace.

    I can not accept a police officer who appears to practice sadism in his private life. Where is the Law Officer Certification Program? "

    per se2 wrote on Jul 3, 2009 7:26 AM:

    " Isn't this the person (sick) that Ted Jiron, Dan Kelso, Lou Cooper, Bob Lindstrom and Jill Haga hired over the objections of the former Police Chief? "

    Mad wrote on Jul 3, 2009 5:56 AM:

    " I hope the Cheif of Police steps up and starts doing his job and starts screening people better. Maybe hold yourself as well as all officers to a higher standard.
    Maybe Montrose Sheriffs should take over the duties of Olathe Police Department. "

    DIAGNOSIS wrote on Jul 2, 2009 11:09 PM:

    " SICK PEOPLE LIVE HERE, LOTS OF EM! "

    Tango wrote on Jul 2, 2009 9:25 PM:

    " They have been in a spanking relationship for a few years and just now there is a problem?!

    She agreed to it all the times before this! "

    2 sides wrote on Jul 2, 2009 9:06 PM:

    " Native to olathe, did you stop and think that maybe the previous case was dismissed because the other party dropped the charges, and admitted to not telling the whole truth, and THAN took him back!!!! It has nothing to do with the fact that he is a cop "

    mister big wrote on Jul 2, 2009 9:04 PM:

    " This ones gonna be great!!! "

    Get real wrote on Jul 2, 2009 6:37 PM:

    " Maybe we should ask why he is working at the Olathe PD and the real reason he left the Sheriff's department. As far as serve and protect, our community should know "what" is protectiing them. Some can blame the partner all they want, but we really need to look at the "thought process" of this individual who is in a position of power. This is not a new problem, just one not exposed to date. "

    know officer well wrote on Jul 2, 2009 1:53 PM:

    " this woman got caught with her pants down. she knew what she was doing or she wouldn,t have signed agreement`` "

    the source wrote on Jul 2, 2009 12:27 PM:

    " LOL Erasmus!!! You nailed it, 'er... smacked it!
    No so much your comment, but your brilliant command of phonetics in action!

    Note to all: Choose a safe word, like "cinnamon", and maybe your corporal escapades will not end up in the news. "

    Erasmus behurtin wrote on Jul 2, 2009 11:17 AM:

    " I thought all cops did this, whats the big deal I do not see the reason for a news story on it. "

    Native to Olathe wrote on Jul 2, 2009 10:42 AM:

    " I am in shock! To KNOW that our tax dollars are employing people who abuse their spouses is RIDICULOUS!!!!! And a previous charge that was in 2007 was dismissed(because he was an officer of the law) ....come on now folks !!!!!! Something is VERY wrong with the whoever is in charge of screening these officers before they become allowed to "SERVE and PROTECT" our families and our children in the town where we grew up and live now. "

    Me wrote on Jul 2, 2009 10:38 AM:

    " What is wrong with people? And this guy is an officer? "

    perplexed and not fooled wrote on Jul 2, 2009 10:36 AM:

    " Don't believe everything you read. There are always two sides to every story. Said victim may not always tell the truth, the whole truth? Wonder if the officer gets to have a story printed explaining his side and if he has ever been tormented? "

    the source wrote on Jul 2, 2009 10:24 AM:

    " Oh gawd, this is gonna be good!!!
    With the standard disclamer that "all spankee's are nice, until proven naughty", this woman's recourse is not punitive action against her perverted boyfriend. It is to choose a direction in life that moves away from a situation that is potentially harmful to her physical and emotional well-being. "


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