WILMINGTON — The Wilmington Police Department has suspended Lt. Matt Malone, several months after internal affairs investigated an incident where he left his 8-year-old daughter — naked and alone — locked in a car outside the Ogden Tap Room while the officer was inside.
According to employment records provided by the Wilmington Police Department (WPD), Lt. Malone received a disciplinary suspension without pay on Monday, January 6. WPD could not confirm if the suspension was related to the internal affairs investigation carried out by the department’s Professional Standards division. At press time, WPD was not able to confirm the length of Malone’s suspension.
The New Hanover County Sheriff’s Office declined to press charges against Malone after consulting with the District’s Attorney’s office; according to the DA’s office, the incident was reviewed by a prosecutor who specializes in child abuse cases.
According to records released by WPD, Malone joined the WPD in July of 2002; his current salary is $76,139.23. Malone’s records do not indicate any other demotions, pay decreases, or suspensions.
The incident
According to 911 call records provided by New Hanover County, the incident took place at the Ogden Tap Room on Saturday, October 19, around 5:45 p.m. during the bar and restaurant’s annual Oktoberfest celebration.
A concerned witness called 911 after hearing a young child asking for help. The child, who was naked and wrapped in a blanket, told the caller she needed to use the bathroom but had been instructed by her father not get out of the car. According to the caller, the child was locked in the car with the windows raised (it was around 67 degrees and slightly rainy at the time). The vehicle was the officer’s personal car, not a police cruiser.
The child was “petrified of her dad” according to the caller. The location of the parents could not be determined by the caller.
Two deputies from the New Hanover County Sheriff’s Office (NHCSO) were dispatched and interviewed several people at the scene, including Malone. According to NHCSO spokesperson Lt. Jerry Brewer, Malone and his wife had apparently placed their daughter in the car after her clothes became wet, possibly while playing on a ‘bouncy house’ set up for the Oktoberfest celebration; Malone then returned to the bar, leaving his daughter wrapped in a towel. It appears Malone’s wife left the area on her own.
Below: Listen to the 911 call from the scene
District Attorney’s office consulted
According to Samantha Dooies, assistant to District Attorney Ben David, NHCSO consulting a prosecutor who considered both general criminal activity specifically the North Carolina statutory definition of misdemeanor child abuse, which reads:
§ 14-318.2. Child abuse a misdemeanor.
(a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means is guilty of the Class A1 misdemeanor of child abuse.
(b) The Class A1 misdemeanor of child abuse is an offense additional to other civil and criminal provisions and is not intended to repeal or preclude any other sanctions or remedies.
(c) A parent who abandons an infant less than seven days of age pursuant to G.S. 14-322.3 shall not be prosecuted under this section for any acts or omissions related to the care of that infant.
While the fact that Malone is a high-ranking, long-serving police officer prompted speculation on social media that he had received special treatment, Dooies specifically noted that the prosecutor who reviewed the case did so without the knowledge that the suspect was a law enforcement officer.
It is worth noting that while the District Attorney’s office does frequently consult with local law enforcement on cases, the ultimate decision to arrest — or not arrest — comes solely from those law enforcement agencies in concert with a magistrate or judge, in this case NHCSO; arrest warrants are issued after law enforcement requests them from magistrates, a decision in which the DA’s office has no role. After an arrest, the DA’s office can choose to proceed with pressing charges or drop them.
Pender Social services
According to dispatch records, Malone lives in Pender County and that county’s social services were notified. Pender County Social Services (PCSS) and its Child Protective Services division have not confirmed whether or not a case has been opened into the incident involving Malone and his daughter. This article will be updated with any information provided by PCSS.
Send comments and tips to Benjamin Schachtman at ben@localvoicemedia.com, @pcdben on Twitter, and (910) 538-2001
