The Auburn Police Department is conducting an internal investigation after off-duty officers were involved in a fight at a downtown bar in October.
The department, including Chief James Slayton, has declined comment on the investigation because it's still open. However, on Dec. 19 мÓƶà¶à¿ª½±¼Ç¼ obtained details about the fight and body camera footage of its aftermath through a Freedom of Information Law request for records of the department's call for service, as on-duty officers responded to it.
The fight appears to have already led to the demotion of one officer, Michael Merkley, who can be seen in the footage. He was promoted to lieutenant in August 2023, but is now listed on the as a school resource officer sergeant. Asked about Merkley's change of rank, Deputy Chief Timothy Spingler declined comment to мÓƶà¶à¿ª½±¼Ç¼.
The fight took place around midnight Oct. 5 at A.T. Walley & Co. at 119 Genesee St. It began when a customer at the bar was told to move by an off-duty officer so he could buy a drink, the customer told responding officers. мÓƶà¶à¿ª½±¼Ç¼ is not publishing the customer's name, as neither he nor anyone else involved in the fight has been charged with a crime.
The customer went on to tell officers that he replied to the off-duty officer that he would not move, at which point that officer grabbed him by the shirt, shoved him and said he would make the customer move. The customer noted that he did not know the name of the officer who grabbed him. Next, the customer said, he threw a punch at the officer.
What followed was a large fight involving several people inside the bar, according to body camera footage and reports by responding Officers CJ Gray and Eric Leach. Footage from the bar's security cameras is not yet available through Freedom of Information Law, the department told мÓƶà¶à¿ª½±¼Ç¼, as it is part of the continuing internal investigation.
When the officers arrived at the bar, they said, they saw off-duty officers outside, including Merkley, Thomas Fabiani and Nathaniel Barnes. Fabiani told the responding officers he was punched in the head.
A bar employee tells a responding officer of Fabiani, "He's going crazy, said he's Auburn P.D. He's looking for the guy — the kid, we told him to leave. ... (Fabiani) is the guy you gotta watch out for."
Body camera footage also shows Merkley, as he reenters the bar, telling a responding officer, "I want to know who's that pillow hands, because I'm gonna f--k him up. Come join if you want."
Meanwhile, officers Alexa Smalley and Morgan Jensen had found the customer on the rear patio of the bar. At one point, Barnes can be seen telling the two officers to bring the customer around to the front of the bar, where the other off-duty officers were gathered, saying, "He's the one who hit Fabiani. He needs to go." The two officers brush him off.
Barnes later tells Merkley the customer is on the patio. Merkley says, "No, f--k that," and starts walking toward the patio until he is restrained.
Smalley and Jensen eventually direct the customer to leave out the back of the bar, avoiding the off-duty officers in front.
No one in the body camera footage appears injured.
While the department is still investigating the off-duty officers' involvement in the fight, Officers Gray, Smalley and Jensen have received counseling for selective activation of their body cameras, according to the records provided to мÓƶà¶à¿ª½±¼Ç¼. Gray told supervisor Lt. David Walters he turned his off because he believed it would encourage cooperation from the off-duty officers, and Jensen said she does not "commonly record conversations with co-workers." Smalley recorded fewer than eight minutes of footage from her 22 minutes at the scene.
Walters told the three officers selective body camera activation "paints a negative picture of us (Auburn police) and will lead some to believe that we were 'covering it up.'"
Spingler told мÓƶà¶à¿ª½±¼Ç¼ he anticipates the department's internal investigation will take several more weeks to complete.