EASTERN OREGON Saturday, April 16, 2022 East Oregonian A9 Conduct unbecoming of an offi cer Newly released documents disclose discipline against ex-Grant County deputy Mobley By BENNETT HALL Blue Mountain Eagle JOHN DAY — Abigail Mobley, the former Grant County sheriff ’s deputy at the heart of the “sex talk” scan- dal, committed no fewer than eight violations of the depart- ment’s code of conduct rang- ing from abuse of her position to conduct unbecoming of an offi cer and neglect of duty, according to public records recently unsealed by a judge after the ex-deputy sued to keep them secret. For those transgressions, Mobley was given a 30-day unpaid suspension start- ing on Nov. 26, 2020, the records reveal. On Dec. 26, the day after the suspension ended, Mobley resigned from the Grant County Sheriff ’s Offi ce. The disciplinary action was the culmination of a 21-month investigation into Mobley’s inappropriate rela- tionship with an inmate at the Grant County Jail, where she worked as a corrections deputy. During the probe, Mobley was on paid adminis- trative leave from her job at a cost to Grant County taxpay- ers of well over $100,000 in salary and benefi ts. The documents contain- ing this information were among a trove of public records requested by the Blue Mountain Eagle in October 2020 as part of a follow-up to a story on the “sex talk” scandal published the month before. After some delay, county offi cials were prepar- ing to release the informa- tion, but on March 9, 2021, Mobley filed a motion in Grant County Circuit Court for an injunction to block the release of the records. The case concluded on Feb. 3, 2022, when Judge Thomas B. Powers issued a judgment of dismissal in which he ruled that most, but not all, of the requested records should be released. The documents that were released contain additional revelations about allegations of misconduct by Mobley and other Grant County Sheriff ’s Office employees during the tenure of Sheriff Glenn Palmer. Palmer left offi ce at the end of 2020 after losing the election to current Sheriff Todd McKinley. At the same ti me, however, some questions still remain unanswered. Scope of the investigation In early 2019, after a number of allegations had been raised about possible misconduct by members of his staff , Palmer, follow- ing standard procedure for such situations, turned to an outside law enforcement agency to investigate the claims. In March 2019, investi- gators from the Deschutes County Sheriff ’s Offi ce met Palmer with Grant County District Attorney Jim Carpenter, acting in the role of county counsel, in Carpenter’s Canyon City offi ce. In their report, which was among the documents ordered released by the judge, the investigators summarize the allegations they were asked to look into. Most of the complaints revolved around Mobley and her husband, Under- sheriff Zach Mobley, who remains second in command of the Grant County Sher- iff ’s Offi ce. The complaints included allegations that: • Abigail Mobley had been having a relationship with Grant County Jail inmate Darren Mortimore, who was serving four consecutive six-month sentences after pleading guilty to charges of strangulation, fourth-degree assault and menacing. • Abigail Mobley had sexu- ally harassed Deputy Bran- don Hutchison by contacting him via Facetime and making inappropriate sexual comments. • Jail Sgt. Josh Wolf noti- fi ed Zach Mobley that Abigail Mobley was overheard having a recorded phone conversation with Morti- more. Zach Mobley retaliated against Wolf, ordering him to take two days of vacation time. Furthermore, it was alleged Mortimore had been transferred from the Grant County Jail to a facility in California, where he was wanted for a parole viola- tion, before he had served his full sentence to get him away from Abigail Mobley. • After deputy Hutchison informed Zach Mobley about Abigail Mobley sexually harassing him, he responded by asking, “Did you get a bang out of it?” and took no action on the sexual harass- ment complaint. • Zach Mobley transferred his wife out of her corrections deputy assignment in the jail and created a new position for her elsewhere in the sher- iff ’s offi ce. On April 22, 2019, less than a month after launch- ing its investigation, the Deschutes County Sher- iff ’s Offi ce notifi ed Palmer it was suspending the inquiry because it had become a criminal matter. Investiga- tors believed it was “prob- able” that Abigail Mobley had committed the crime of custodial sexual misconduct with Mortimore. Eight days later, Carpen- ter referred possible crimi- nal charges against Abigail Mobley to the Oregon Department of Justice for investigation. Under the Oregon Revised Statutes, the crime of custo- dial sexual misconduct defi nes off enses against pris- oners by those in author- ity over them. First-degree custodial sexual miscon- Blue Mountain Eagle, File The disciplinary action of Abigail Mobley was the culmination of a 21-month investigation into her inappropriate relationship with an inmate at the Grant County Jail, where she worked as a corrections deputy. During the probe, Mobley was on paid administrative leave from her job at a cost to Grant County taxpayers of well more than $100,000 in salary and benefi ts. duct is a Class C felony. Second-degree custodial misconduct, which seems the more likely charge in the circumstances, is a Class A misdemeanor punishable by up to a year in jail. After an 11-month inves- tigation, however, DOJ declined to prosecute. The state agency sent a letter to Carpenter stating that Abigail Mobley had engaged in multiple sexual conversa- tions with Mortimore while he was in custody at the Grant County Jail, but there was “not a reasonable likeli- hood” the state could prove she had committed the crime of custodial sexual miscon- duct. At that point, Palmer decided to resume an inves- tigation into possible policy violations within his depart- ment. But Deschutes County no longer had personnel available for the job, so the probe was handed over to the Umatilla County Sher- iff ’s Offi ce. For reasons that are not explained in the documents released by Judge Powers, Umatilla County did not look into any claims of miscon- duct by Zach Mobley but focused exclusively on the actions of Abigail Mobley. On Oct. 7, 2020, the Umatilla County Sheriff’s Offi ce concluded its investiga- tion with a nine-page report. The agency determined that Abigail Mobley violated the Grant County Sheriff ’s Office policy in regard to the Prison Rape Elimination Act, or PREA, by sexually harassing Mortimore while he was an inmate in the Grant County Jail. Sgt. Abel Zamudio, who led the investigation, wrote in his report that “Deputy Mobley made repeated verbal comments of a sexual nature to Inmate Mortimore” in recorded phone calls that Mortimore made to her from the jail. She also acknowledged that the two had physical contact on one occasion, in the doorway to the dry stor- age area of the jail kitchen, according to the report. “I asked what kind of physical contact was that,” Zamudio wrote in the report. “Deputy Mobley said, ‘He 2022 I Northeast Oregon PHOTO CONTEST Visit eastoregonian.com and enter today! grabbed the back of my head and kissed me.’” When asked if she made sexual comments to Morti- more during the phone calls, “Deputy Mobley stated that once she started talking to Mortimore on the phone she was drinking all the time and does not remember anything about the conversations, but she heard that she did talk sexually,” the report states. Unanswered questions For the most part, the newly released public records appear to bring the “sex talk” scandal to a close. Abigail Mobley’s improper relation- ship with a jail inmate under her authority has been thor- oughly investigated, she was disciplined by former Sheriff Palmer for her policy viola- tions and she is no longer with the department. But a number of unre- solved allegations about possible misconduct by employees of the Grant County Sheriff’s Office during Palmer’s tenure continue to hang over the department. For instance, it has never been publicly disclosed whether the claims that Zach Mobley retaliated against a jail employee for report- ing his wife’s phone calls with Mortimore and failed to act on Hutchison’s claim of sexual harassment were investigated and, if so, if he was ever disciplined. Nor has there ever been a public explanation for Morti- more’s transfer out of the Grant County Jail before his sentence was complete or the creation of a new position in the sheriff ’s offi ce for Abigail Mobley. In addition, when Palmer asked the Deschutes County Sheriff’s Office in March 2019 to investigate allega- tions of possible misconduct by the Mobleys, he also asked them to look into a situation involving Tyler Smith, who was then a patrol deputy with the sheriff ’s offi ce. Smith’s girlfriend, Haley Olson, had been arrested on marijua- na-related charges in Idaho (which were later dismissed). The Idaho State Police had extracted data from Olson’s phone and had reportedly found “interesting informa- tion” about Smith and Olson. The report does not specify what sort of information that may have been. The Deschutes County Sheriff ’s Offi ce did not inves- tigate Tyler Smith because the Grant County Sheriff ’s Offi ce had not yet evaluated the data dump from Olson’s phone to determine if Smith had committed any serious policy violations. On Aug. 9, 2019, however, Smith was placed on admin- istrative leave “for issues related to the performance of his duties as a sheriff’s deputy.” A month later he was arrested on charges of attempted rape and other alleged crimes involving his estranged wife; he has pleaded not guilty to the charges against him and is awaiting trial. On Dec. 17, 2019, Smith was fi red from the sheriff ’s offi ce for reasons that county officials have refused to divulge. Since then, a flurry of lawsuits have been fi led that make a multitude of claims and counterclaims about possible wrongdoing within the Grant County Sheriff ’s Offi ce. In August 2020, Haley Olson fi led a federal lawsuit against Grant County, Palmer and Carpenter for civil rights violations related to the data dump from her phone follow- ing her Idaho arrest. The suit claims that Carpenter, at Palmer’s request, accessed her phone records without a warrant and without suspi- cion of criminal activity and that the two then shared those phone records, which included nude and sexually explicit images of Olson, with others. Some of the nude photos, the suit claims, were taken when Olson was a minor. Palmer countersued in Grant County Court on Oct. 8, 2020, claiming that Olson had made false and defamatory statements that damaged his reputation. Palmer’s suit, which seeks $100,000 in damages, claims that Olson’s allegations were “made with actual malice and timed to have maximum eff ect on the November 2020 election in which (Palmer) is a candidate.” HELLS CANYON RV EXPO APRIL 13-16 (Closed Sunday) PRIZES & MORE! SPECIAL FINANCING AVAILABLE E M I T E TH UY IS TO B W O N LEWISTON, ID 208-413-6780 SPONSORED BY R’ n R RV LEWISTON