What Should Have Happened
- Notification should have followed formal chain of command only
- An external agency should have been notified due to conflict of interest
- Sheriff should have been informed but immediately recused
- All notifications should have been documented officially
What Actually Happened
- Information flowed through personal relationships and informal channels
- No external agency was contacted to handle the conflict of interest
- Sheriff remained involved despite being arrestee's brother
- Personal phone calls preceded any official documentation
People Involved
Event Details
Event Summary
In the early morning hours of November 6, 2022, following Marc King ’s OWI arrest, information about the arrest flowed through the chain of command. This notification process occurred through both formal and informal channels, raising questions about how sensitive information involving the Sheriff’s brother was handled.
Timeline of Notifications
~3:00 AM: Initial Notifications
Scott Jones , the on-scene supervisor, attempted to notify command staff:
I had awoken and missed a call and/or voicemail from Scott Jones as to the arrest of Marc King.
~3:00-3:30 AM: Sheriff Notified
Damon Duva contacted Sheriff Mat King to inform him of his brother’s arrest.
(See Sheriff Notified for conflicting testimony about exact timing)
Morning: Captain Pohl Informed
Matthew Pohl learned of the arrest when he checked his phone after waking:
QSo I assume you were texting with the sheriff and/or with Marcus beginning on or around 11/6/2022; correct? Things were happening and, you know, at the time of the arrest and there was some communication; correct?
Deputy Duva’s Role
Damon Duva was questioned about his involvement:
QDo you recall that Marcus King was arrested for OWI on November 6 of 2022?
QAnd it was in the early morning hours. So, you know, night of November 5th, early morning of November 6th. And you were involved in the arrest, right?
AI was not involved with the arrest.
AI played a role, but I was not involved in the arrest.
This distinction is important—Duva participated in post-arrest handling but was not part of the arresting team.
Communication About the Arrest
Text and Phone Communications
QDid you call or text with Marcus about his OWI arrest in 2022?
AI spoke with Marcus. I did not text him the night of his OWI arrest. No, I did not.
QNot the night of, but you texted him in the November timeframe about the arrest?
Arrest Details Known to Command
Command staff were aware of key details including the breath test results:
QDo you recall learning what Marcus’s PBT results were upon his arrest?
Why This Matters
1. Informal vs. Formal Notification
The arrest of a deputy—especially the Sheriff’s brother—triggered notifications through personal relationships rather than strictly formal channels:
- Deputy Duva called the Sheriff directly
- Personal phone calls preceded official documentation
- Friends within the department learned quickly
2. Conflict of Interest Activated
The moment the Sheriff learned his brother was arrested, a conflict of interest existed. Questions include:
- Who should have been notified first?
- Should the Sheriff have immediately recused himself?
- Was an external agency contacted?
3. Information Flow Pattern
The notification pattern reveals how information moved through the department:
- On-scene supervisor (Jones) → Captain Pohl (voicemail)
- Deputy Duva → Sheriff Mat King (direct call)
- Informal networks spread information quickly
Connection to Other Events
- OWI Arrest: The underlying arrest
- Sheriff Notified: Detailed account of Sheriff’s notification
- Duva Retrieves Marc King: Duva’s subsequent actions
- Information Sharing to Goodrich: How information spread further
Open Questions
- Was any external agency notified to handle the conflict of interest?
- What was the official protocol for incidents involving relatives of leadership?
- Who made the decision for Deputy Duva to retrieve Marc King from jail?
- Were any communications about this notification preserved?