There is no indication the Lawrence Police Department sought an independent investigation when one of its officers was accused of beating, choking and locking another officer naked inside a dog kennel.

This is in contrast with the department’s approach last year when a different officer was accused of breaking the law. It also is in contrast to how a growing number of law enforcement agencies are handling investigations of their own officers.

Gary Steed, executive director of KS-CPOST, said it is becoming increasingly common for law enforcement agencies in Kansas to seek out independent investigations for reports of officer misconduct.

“It is generally good practice to have someone independently investigate,” he said. “I’ve seen quite a few agencies make informal or formal agreements with other agencies to do an investigation when their own people might be involved.”

Steed said he couldn’t speak specifically about Burke’s case; however, he did say that independent investigations benefit all involved.

“It benefits the officers that are being investigated (and) I think it benefits the department,” he said. “Obviously it benefits the public in that they would have confidence that the investigation was conducted in a professional and unbiased way.”

Both City Manager Tom Markus and City Attorney Toni Wheeler declined to comment on the Lawrence case, citing an ongoing civil lawsuit, which the officer in question, William Burke, filed in federal court last September.

Burke’s lawsuit is seeking $525,000 in damages from the city, claiming he was illegally searched, arrested and defamed.

On Jan. 17, the City of Lawrence filed an answer to Burke’s lawsuit arguing officers had probable cause to arrest Burke. The filing includes a summary of a February 2015 interview between Lawrence police investigators and Burke’s alleged victim.

However, the court documents do not indicate LPD contacted any external agency to investigate the allegations. Instead, it appears as though the reported crimes were only investigated internally.

No criminal charges were filed against Burke, and he is still licensed to work as a police officer in Kansas.

In 2015, the Douglas County District Attorney’s Office said there was insufficient evidence to file criminal charges against Burke. However, because the arrest affidavit in Burke’s case has not been made available to the Journal-World, it is unclear what information LPD submitted to the DA’s office.

An arrest affidavit is a document written by police to support an arrest. After an arrest, the documents are submitted to the DA’s office, which then decides whether to file criminal charges.

Burke was arrested in February 2015 on suspicion of a number of felony charges, including kidnapping, aggravated battery and aggravated assault.

While the felonies Burke reportedly committed were apparently investigated only by LPD, the department handled reports of a different officer’s misconduct differently.

Last August, then-Lawrence police officer Frank McClelland reportedly swept the legs out from an uncooperative man and punched him in the face multiple times.

Lawrence Police Chief Tarik Khatib said in a news conference the next month that LPD launched its own, internal investigation through the Office of Professional Accountability. At the same time, however, he contacted Douglas County Sheriff Ken McGovern to conduct an independent investigation.

After investigating the reported crime, the sheriff’s office submitted a report to the DA’s office and a misdemeanor battery charge was filed against McClelland.

McClelland has since pleaded not guilty to the charge and is set to face a criminal trial in March.

LPD’s OPA also found misconduct, Khatib said.

Unlike McClelland’s case, there is no indication LPD reached out to the Douglas County Sheriff’s Office seeking an independent investigation regarding Burke’s reported crimes.

When asked if the sheriff’s office investigated Burke, Sgt. Kristen Dymacek said only “this is a case that belongs to the Lawrence Police Department and we are not going to comment on it.”

And because city officials declined to comment on the case, it is unclear if LPD reached out to any other law enforcement agency to conduct an investigation independent from its own. However, court filings from both Burke and the city do not indicate any additional investigations were conducted.

Neither Burke nor McClelland was fired from their positions. Instead they were allowed to resign.

Though they contend officers had probable cause to arrest Burke, city officials have not explained why Burke was allowed to resign.

Currently, Burke’s license to work as a police officer is “in good standing,” according to the Kansas Commission on Peace Officers’ Standards and Training, which is the organization responsible for the licenses.