'Shameful': Harford County Sheriff On Attorney General's Lawsuit

BEL AIR, MD — After Maryland's attorney general filed a lawsuit over a fatal shooting involving Harford County Sheriff's Office deputies, Harford County Sheriff Jeffrey Gahler called the move "shameful" and accused the prosecutor of using the "tragedy as political fodder."

John Raymond Fauver, 53, of Whiteford, was shot by deputies who had responded to a call Saturday afternoon about a suicidal person who may be armed with a long gun, officials said.

The Maryland attorney general's office was called in accordance with a state law passed in October 2021 mandating it investigate all police-involved fatalities.

After the sheriff's office notified the attorney general's independent investigations division about the deputy-involved shooting, Attorney General Brian Frosh said his agency was not allowed to collect evidence.

Frosh released documents Monday outlining that he is suing the Harford County Sheriff's Office for taking the lead on the investigation into the death of Fauver, and he provided documents showing Gahler has been at odds with his office since 2021 about the state law.

“It is shameful that Mr. Frosh would not work to resolve these issues in the many months available, but for purely political purposes has chosen to use this tragedy as political fodder," Gahler said. "Our citizens deserve better and the families that are tied to this investigation deserve better."

Gahler said that he had notified the attorney general in 2021 that he had concerns over the new law and would continue to have his office investigate deaths involving officers because the deaths involved more than just the deputies.

"By statute, the [independent investigation division's] scope is very narrow, and only extends to the actions of the deputies involved in the loss of life," the Harford County Sheriff's Office said in a statement. "The Harford County Sheriff’s Office still has a responsibility to investigate any and all events leading up to that point for any criminal acts, in addition to the actions of the deputies."

See Also:

• Attorney General Sues Harford Sheriff Over Deputy Shooting Probe
• Man Killed In Forest Hill Encounter With Deputies: Harford Sheriff
• 2 Officers Identified In Forest Hill Shooting: Harford County Sheriff
• Man Killed By Deputies Identified: Harford County Sheriff

The Harford County Sheriff's Office issued the following statement Monday in response to the legal complaint filed by Maryland Attorney General Brian Frosh; it is published in full:

On the court filing today, Sheriff Gahler offers, “It is shameful that Mr. Frosh would not work to resolve these issues in the many months available, but for purely political purposes has chosen to use this tragedy as political fodder. Our citizens deserve better and the families that are tied to this investigation deserve better.”

More than eight months ago, Sheriff Gahler initiated contact with the Office of the Attorney General to discuss concerns with the legality of protocols issued by the Attorney General related to the newly established Independent Investigation Unit (IIU). In short, the concern of Sheriff Gahler was that the protocols were not based in law, but rather the improper assumption of legislative authority on the part of the Attorney General.

Prior to the new law taking effect in October 2021, Sheriff Gahler shared his policy with the Attorney General on how the Harford County Sheriff’s Office would respond to police involved incidents that result in the death of a civilian, a policy which is in full compliance with Maryland Law, including Senate Bill 600, passed in 2021, that established the IIU. At no time since receiving Sheriff Gahler’ s concerns and/or a copy of the HCSO Policy has Mr. Frosh indicated that any element of the policy was in conflict with Maryland Law, only his self-ordained protocols that, again, are not supported in Maryland Law.

Since the outset of the tragic event in Harford County on Saturday and continuing still today, Sheriff Gahler and the Harford County Sheriff’s Office have continued to try to work in complete cooperation with the IIU to ensure both agencies are able to complete their respective investigations. By statute, the IIU’s scope is very narrow, and only extends to the actions of the deputies involved in the loss of life. The Harford County Sheriff’s Office still has a responsibility to investigate any and all events leading up to that point for any criminal acts, in addition to the actions of the deputies.

Now, this matter is out of the hands of the Harford County Sheriff’s Office and the Office of the Attorney General and will be resolved by a court of law. In the meantime, we will continue to offer complete access to any video and other evidence the IIU may need to complete their investigation while moving forward with our investigation.