No charges for KCSO sergeant whose unsecured gun was brought to Port Orchard school

Kitsap County sheriff's Sgt. Dan Twomey's gun and badge are shown in the bag his son took to school in May.
Kitsap County sheriff's Sgt. Dan Twomey's gun and badge are shown in the bag his son took to school in May.

A Kitsap County sheriff's sergeant whose unsecured and loaded pistol ended up with his son at a Port Orchard elementary school in May was suspended for 10 days in 2016 for demonstrating “incredibly poor judgment.”

Dan Twomey won’t face criminal charges for failing to secure his 9mm semiautomatic pistol, recovered at Mullenix Ridge Elementary on May 27.

He and fellow Sheriff’s Office Sgt. Sonya Matthews are parents of the child, described as “approximately 8 years old,” according to documents obtained by the Kitsap Sun through the state Public Records Act.

Prosecutor Chad Enright declined to file criminal charges against Twomey, saying though Twomey failed to secure his firearm and it ended up in a classroom, it was not used in the commission of a crime so Twomey did not break state law.

The Washington State Patrol investigated the incident and found that Twomey had left the Micro 9 Two-Tone 9mm pistol, with a loaded magazine and a round in the chamber, in a bag next to the door in his house. Also in the bag with the gun was a Sheriff's Office sergeant's badge and bank cards.

The manufacturer of the gun, Kimber America, markets it as “easily concealed” and “features mild recoil, smooth trigger pull and the intuitive operation of a 1911.”

Twomey said it was a gift from Matthews, according to documents.

"They were described as being visibly distraught and concerned over the situation," the State Patrol reported.

The gun was returned to Twomey by a Sheriff’s Office lieutenant the same day.

Twomey refused to cooperate with the State Patrol investigation and hired a lawyer; however, he made statements to the lieutenant, Will Sapp, who relayed that Twomey said he “completely forgot” he left the gun in the bag.

“He had placed it in the small backpack and was planning on going to the range to shoot it,” a State Patrol investigator wrote. “He did not go to the range, and believed he had secured the gun back in his safe.”

Another adult close to the family had helped the boy get to school that day and gave him Twomey’s bag with the gun inside.

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“He had never assisted (the boy) getting ready for school before this day,” investigators wrote. He “was told (the boy’s) backpack was by the door and was given no other details or instructions.”

When at school, the boy retrieved an iPad from the bag and got down on the floor with the unzipped bag beside him. A school employee said the boy was not allowed to have the iPad. She took it away from him and picked up the backpack.

“While doing so, she realized it was much heavier than normal,” the State Patrol detective wrote. She noticed a pocket on the bag was partially unzipped and inside she saw the gun, which was inside a holster.

The school employee took possession of the bag and alerted other school staff, who said they did not believe the boy knew he had gone to school with a gun. The gun was not fired at the school.

Twomey did not respond to a message from the Kitsap Sun seeking comment.

Twomey suspended after bullying, sexually harassing deputies in 2016

Sheriff John Gese wrote in an email that the matter is currently being investigated administratively. He declined to comment on questions about potential discipline for Twomey until that process is completed.

Twomey is president of the union representing deputies, the Kitsap County Deputy Sheriff's Guild, which endorsed Gese for election this November.

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In 2016, Twomey was found to have committed multiple acts of misconduct while a probationary sergeant, though the misconduct was not reported until after his probationary period had ended.

He was accused of bullying behavior, showing deputies nude photos of another deputy’s ex-girlfriend while in public, sending photos of “male genitalia” to deputies and their spouses, and throwing a kitchen knife at a subordinate, among other allegations included in records obtained by the Kitsap Sun.

Then Patrol Chief and now Undersheriff Steve Duckworth wrote in disciplinary records that Twomey created and condoned “an immature and unprofessional environment” at the department’s Silverdale office. Duckworth suspended Twomey for 10 days, adding that Twomey showed “incredibly poor judgment.”

“For a sergeant to act this way they are essentially condoning this behavior for each of their subordinates,” Duckworth wrote, who did not demote Twomey back to the rank of deputy. “How can a supervisor correct behavior from a subordinate that was learned or demonstrated by the supervisor?”

When asked at the time if Twomey’s misconduct indicated he was unfit to be a supervisor, former Sheriff Gary Simpson said no.

Simpson maintained the 10-day suspension, with 10 more days of possible suspension for further violations within a year, was sufficient to account for the sustained findings of misconduct.

This article originally appeared on Kitsap Sun: Sgt. Dan Twomey not charged after son took his gun to school