Hennepin County Sheriff David Hutchinson's officer license review continues after drunken driving crash in December

Hennepin County Sheriff David Hutchinson's future in law enforcement rests with investigators from a state licensing board who will determine whether he should be suspended for a drunken driving crash four months ago.

Hutchinson pleaded guilty to fourth-degree misdemeanor drunken driving after crashing his county-owned SUV while driving at speeds topping of 126 mph on Interstate 94 near Alexandria, Minn., following a sheriffs conference Dec. 8. He was sentenced to two years of probation.

Shortly afterward, the Minnesota Board of Peace Officer Standards and Training (POST) started a required investigation to determine whether suspension is warranted. A first-time drunken driving offense can be settled in a couple of months or stretched out much longer depending on the availability of attorneys and board members, or if the officer decides to appeal the discipline decision.

In the past five years, the POST board has suspended or revoked the licenses of 58 officers. A felony and some gross misdemeanor convictions result in an automatic revocation. The crimes that were committed by officers and deputies who had their licenses revoked include murder, distribution of child pornography, misconduct of a public official, insurance fraud and identity theft.

Hutchinson, who is serving his first term as sheriff, said in February that he would not run for re-election. Besides the POST board investigation, the Minnesota Sheriffs' Association looked into his conduct for an unspecified incident toward an employee at the sheriffs conference. The nonprofit organization, which provides education and training, has no authority to discipline him.

If a peace officer's license is suspended, they cannot work as a sworn officer and make arrests. If an officer were employed at an agency and assigned to a position that does not require them to fulfill the tasks associated with a sworn officer, they may continue to work there.

Mark Schneider, Hutchinson's attorney, said he could not comment. Erik Misselt, executive director of the POST board, said he couldn't publicly share any information or confirm if they were investigating the sheriff.

"If there is a conviction of an offense that falls within the board's jurisdiction, we will be addressing it," he said.

Since Hutchinson's crash, local and state politicians and community activists have demanded that he resign before his term ends in January. However, Hutchinson has refused. If his license is suspended, it's unclear if he would lose any of his $188,775 annual salary.

Hutchinson was driving more than 126 mph, unbelted and carrying a loaded gun when he crashed his SUV about 2:30 a.m., resulting in his hospitalization for broken ribs and vertebrae and a concussion. His blood alcohol was more than 0.13% roughly three hours after the crash. The state legal limit is 0.08%, but drops to 0.04% for anyone driving and possessing a firearm.

Hutchinson admitted to drinking at the conference, which he attended on its final day. He was charged with four misdemeanor drunken driving offenses, but two were dropped and another was continued for later dismissal. The sheriff said he has entered treatment of substance abuse issues.

Hutchinson has kept a low profile since the accident, and a handful of candidates have said they will run to replace him.

William Hutton, executive director of the Minnesota Sheriffs' Association, said his group reviewed some of Hutchinson's behavior during the conference, but he would not discuss specific concerns.

Hutchinson now awaits a possible disciplinary action by the POST board. The process has several components, starting with obtaining all relevant court documents. The case is then brought to the board's complaint investigation committee for a hearing. There is no hearing for a crime resulting in an automatic revocation.

The peace officer and their attorney can appear before the committee, but it's not required, Misselt said. The committee then decides any licensing sanctions. The officer can agree to a consent order that details the discipline results or they can request a contested case hearing with an administrative law judge. The final license sanction is presented to the full POST board for approval in closed session.

Some officers who lost their licenses are well known: former Minneapolis police officers Derek Chauvin, who was convicted of murder and manslaughter in the death of George Floyd, and Mohamed Noor, who was convicted of manslaughter after fatally shooting Justine Damond; and ex-Brooklyn Center police officer Kim Potter, who was convicted of manslaughter in the killing of Daunte Wright.

Other officers on the list have been convicted for sports bookmaking, bribery, arson and discharging a dangerous weapon.

Since 1981, the board has revoked the license of only one officer who was convicted in 2001 of a gross misdemeanor drunk driving offense. But several officers who were convicted of criminal vehicular homicide or operation lost their peace officer license.