Deleted Text Messages: Pohl & Duva Sworn Admissions
Part of Documented Incident
Deputy Marc King OWI Arrest and Cover-Up
November 6, 2022
Overview
Analysis
Overview
This analysis documents the destruction of evidence by St. Clair County Sheriff’s Office personnel in connection with the November 2022 OWI arrest of Marc King .
What Was Destroyed
Text Messages
Multiple officers admitted under oath to deleting text messages from the time period surrounding the November 6, 2022 incident:
Officers Involved in Evidence Destruction
Matthew Pohl Captain Damon Duva Deputy Sheriff
AWhatever text messages or phone calls that I’d referenced in my internal report, I no longer have those on my phone.
AWe don’t have a policy.
QDo you still have records of those calls and text messages?
AI doubt it, no.
AHave you deleted call logs or text messages reflecting communications between yourself and the sheriff in November of 2022? I’m sure I have, yes.
Why It Matters
Legal Doctrine: Spoliation
When a party destroys evidence relevant to litigation, courts apply the “spoliation doctrine”:
Adverse Inference: Juries may be instructed to assume the destroyed evidence would have been unfavorable to the party that destroyed it
Sanctions: Courts can impose penalties including:
- Monetary fines
- Attorney fee awards
- Adverse jury instructions
- Case dismissal (in extreme cases)
Criminal Liability: Under Michigan law ( MCL 750.491 ), tampering with evidence is a criminal offense
Pattern Analysis
The destruction of evidence by multiple officers, all of whom had close personal relationships with the arrestee, suggests:
| Factor | Significance |
|---|---|
| Multiple deletions | Not isolated incident |
| All close friends | Pattern of relationship |
| Same time period | Coordinated timing |
| No preservation | Systemic failure |
Governance Failure
No Litigation Hold
A “litigation hold” is a standard procedure requiring preservation of all potentially relevant documents when legal action is foreseeable.
In this case:
- An officer was arrested for a crime
- Litigation was clearly foreseeable
- No hold was established
- Evidence was destroyed
No Retention Policy
The department had no effective policy for:
- Preserving communications on personal devices
- Documenting official business conducted via text
- Retaining records relevant to investigations
Legal Exposure
For Individual Officers
Officers who destroyed evidence face potential:
- Contempt findings in civil litigation
- Disciplinary action
- Criminal investigation referral
- Personal liability
For the Department
The St. Clair County Sheriff’s Office faces:
- Adverse inference in all related litigation
- Discovery sanctions
- Public integrity investigation
- Loss of public trust
Questions That Cannot Be Answered
Because the evidence was destroyed, we cannot know:
- What did the deleted messages say?
- Who else was involved in communications?
- What decisions were made informally?
- Was there coordination to destroy evidence?
- What was the full extent of command involvement?
Recommendations
Based on this analysis:
DOJ Referral: Evidence destruction in connection with officer misconduct warrants federal review
Michigan AG: Public integrity investigation into evidence tampering
Policy Reform: Mandatory evidence retention and litigation hold procedures
Oversight: Independent review of department practices
Source Documents
The following depositions and transcripts document the evidence spoliation:
What This Evidence Establishes
- Multiple officers deleted text messages
- Pattern of evidence destruction by friends of arrestee
- No litigation hold was established
- Legal exposure for spoliation