Captain leaving NOPD while under investigation

Captain leaving NOPD while under investigation

Captain leaving NOPD while under investigation

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wwltv.com

Posted on April 15, 2014 at 5:59 PM

Mike Perlstein / Eyewitness News
Email: mperlstein@wwltv.com | Twitter: @mperlstein

NEW ORLEANS - An NOPD captain is leaving the department while under investigation over whether he was involved in mishandling a domestic disturbance involving him and his wife.

Capt. Brian Weiss, former commander of the 4th Police District, told police associates and posted on social media that he is leaving the department effective Saturday.

Because the investigation by the Public Integrity Bureau is ongoing, Weiss’ departure would be marked as “resigned while under investigation,” a formal designation that would follow him if he applied to other law enforcement jobs.

Weiss’ attorney, Donovan Livaccari could not be reached for comment. In a previous interview with WWL-TV, Livaccari said his client did nothing improper and expected to be cleared.

"It's unfortunate,” Livaccari said three weeks ago when Weiss was removed from his command post. “There's more to it than meets the eye. I'm confident that when the whole PIB investigation is complete it will show that Capt. Weiss acted appropriately."

The department was operating under a 60-day extension of the PIB investigation, which stems from a police call made on Christmas day from Weiss’s home address in Algiers.

A copy of the dispatch obtained by Eyewitness News shows that call was received at 11:14 a.m., but cleared as “GOA” – gone on arrival – at 11:33 a.m.

A photograph of a chronology of the dispatch initially shows that the husband of the caller works “in the 4th District” and is then identified as “Commander Brian Weiss.”

Sixteen minutes later, according to the chronology, the disposition of the call is changed to “GOA.”

The officer who handled the call is veteran Sgt. Russell Philibert. Philibert is listed as a second subject of the PIB investigation, according to civil service records.

Philibert’s attorney, Raymond Burkart III, said he is not prepared to comment on the ongoing probe. Philibert has been out with an injury since March 1, when he broke his leg rushing to help a 9-year-old boy who was hit by a float at the Bacchus parade, according to police.

“We are waiting to hear more from the department as Sgt. Philibert convalesces from a serious on-duty injury which required major surgery,” Burkart said.

Philibert worked in the 4th District under Weiss, records show.

According to police policy, a lower-ranking officer is not supposed to respond to a call involving a commanding officer. The usual protocol is for the lower-ranking officer to call PIB or another commander of equal or higher rank.

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