Lawsuit: Lafayette cops threatened to kill civilian

New details have emerged in a civil suit filed after Lafayette police officers threatened a civilian.

In February, attorneys for the city of Lafayette and Officers Michael Barthelemy and Charles Williams filed a motion asking a federal judge to bypass a trial and rule that those parties owe Timothy Vander Plaats nothing.

In Vander Plaats' response, filed in U.S. District Court April 8, his attorneys argue against that.

The 26-page filing gives new detail about the fallout stemming from a Jan. 22, 2012, incident at Buffalo Wild Wings in West Lafayette. Three officers have admitted to harassing and making death threats against Vander Plaats after he spoke with Barthelemy's fiancee at the restaurant.

Including quotes from the officers' interviews with internal affairs investigators following the incident, the document describes the night's events in the officers' own words. In court documents, Williams and Barthelemy have admitted to threatening Vander Plaats.

According to the new court filing, LPD Officer Ron Dombkowski said Barthelemy approached him after learning Vander Plaats had been texting Barthelemy's fiancee that night.

Dombkowski told internal affairs that he told Barthelemy, "(Vander Plaats) needs to get the message ... that, you know, he can't f--- with a cop's family."

Acknowledging to investigators that Barthelemy let the situation "get out of hand," Dombkowski told investigators he might have acted similarly.

"If someone was texting or calling my fiance(e), we'd have problems," he said. "You guys might be doing an (investigation) on me for something more serious than threats on a guy if he kept messing with my family."

Barthelemy has admitted to getting Vander Plaats' phone number from his fiancee, after which Barthelemy called and cursed at Vander Plaats after he had left the restaurant.

Barthelemy told police, "I was telling him to come back here. Come back here, you know, and keep your s--- up. You know, we'll see what happens. Stuff like that."

Williams later left a message for Vander Plaats, stating, "I'm going to f------ kill you. And it's not going to be awesome. I mean, it's going to be like little body parts in a fireplace kind of death and that's really going to suck."

After listening to the recording, Williams confirmed to investigators that he left the message.

"Quite honestly, I'd give anything to take it back," Williams told investigators. "It was just a stupid a-- decision."

As previously reported, Vander Plaats was attacked by three assailants in a downtown alley 10 days later. His attorneys claim the officers were responsible for the attack.

The filing also claims that on Feb. 28, 2015, Vander Plaats' sister approached Lt. Tim Payne at a fundraiser at Trails Banquet Facility, where she asked Payne about Vander Plaats' case.

"Lt. Payne made a comment to (her) that Vander Plaats was never beaten up and, further, there is no proof LPD was involved because there is 'no footage' or words to that affect," according to the filling. "After he was asked to leave, Lt. Payne became verbally abusive toward (her). Specifically he called her a 'f------ b-----' and 'stupid f------- b----' multiple times."

LPD Police Chief Pat Flannelly said the department did investigate the incident, but that investigation ended when the sister withdrew her complaint.

Flannelly declined to comment on the ongoing litigation.

"There will be a day when I'll be happy to talk openly," Flannelly said. "There are facts we dispute. But right now, unfortunately for us, we're not in a position to try the case in the court of public opinion."

Dombkowski and Payne are not defendants in the lawsuit. Vander Plaats first filed the lawsuit in January 2013, suing the city, Lafayette Police Department and Barthelemy. Williams was added as a defendant in January 2014. The lawsuit was moved to federal court last year.

Barthelemy and Williams have received disciplinary action stemming from the threats. Barthelemy was written up for engaging in conduct unbecoming an officer and Williams was suspended without pay for five 12-hour workdays.

It wasn't the first disciplinary action taken against the pair.

Barthelemy was written up in 2009 for calling a juvenile arrested for throwing eggs at passing cars a "piece of s---."

And Williams was disciplined five times prior to the Vander Plaats incident. In 2008, he fired a shot into the air while drinking with fellow off-duty officers. He was caught in February 2009 on-duty in the wrong patrol district without permission. He was clocked in his personal vehicle off-duty traveling 112 mph on Interstate 65 in May 2009. Then he failed to respond to a call for service in September 2009, court documents state.

Former LPD police Chief Don Roush recommended Williams be terminated in 2009, but the police merit commission — a body of civilians that oversees all hiring and firings for LPD — elected to instead suspend him for 30 days.

Editor's note: The following court documents contain uncensored explicit language.