BATTLE CREEK, Mich—





Two Battle Creek police officers were disciplined after a drunk driving incident late last month.The bottom line: an off duty officer was caught by his own department - drunk behind the wheel, but was never arrested.Around
2:30 a.m. on July 31, at least two 911 calls came in about a reckless
driver along W. Michigan Avenue in Bedford Township - an area Battle
Creek P.D. patrols. Callers reported a black, four-door car, driving
fast, and running other vehicles off the road.“A guy just flew by
me ... he can't be ok at all," one caller said. "He hit the side of the
curb, mailboxes, street signs, he was flying.”“There’s a car,
that just almost hit another car," a second caller told a
dispatcher. "(There are) flames, he's like, driving on no tires."According
to the report, the driver was off duty Battle Creek Officer William
Gensch, and he was drunk behind the wheel. The investigation
determined Gensch drove up onto a curb, for about 50 yards, then drove
another half mile, before stopping and calling his colleagues.Dashcam
video from the first responding officer shows the vehicle angled into a
curb near the corner of W. Michigan and Custer with the hazard lights
flashing.An off duty female Battle Creek officer was in the
passenger seat. Officer Gensch was standing outside. The female
officer told her colleagues Gensch was driving her car at speeds up to 100 miles per hour. Photos
taken at the scene show the front passenger tire is flattened, air bags
deployed, and extensive front end damage. Neither officer was hurt.The
report says both admitted to drinking; the female officer was
apologetic, often crying. Gensch was calm - at first, until a crime
technician showed up and started taking photos. The report states
Gensch didn’t understand why photos had to be taken of a “property
damage” accident, and he became aggressive. Gensch allegedly bumped
shoulders with a Sergeant on scene, who tried to reason with the off
duty cop, before using force to restrain him. That Sergeant told
investigators, “… if that was anybody else on the street, with what had
occurred, there probably would’ve - well, there, for sure, would’ve been
an arrest. "According to investigators, when Lt. Todd Madsen
arrived on scene, he ordered breath tests. The female officer had a
blood alcohol level of .369, more than four times the legal limit of
.08. Officer Gensch blew a .285, more than three times the legal
limit. The investigation shows Lt. Madsen decided the pair would
not be arrested, and later, he drove them back to their apartment in
Kalamazoo. Madsen was demoted to the rank of Sargent, with no
possibility of promotion. One of the main reasons given for the
punishment was Madsen did not fully investigate the incident as a drunk
driving case. The report states, “Employees must not
intentionally manufacture, tamper with, falsify, destroy or withhold
evidence or information, nor make any false accusations regarding a
criminal charge for the purpose of influencing the outcome of any
investigation or subsequent trial.”Officer Gensch received a 20
day suspension without pay, and a new three-year employee contract with
the city. If he messes up again, he could be fired immediately. The
rule he violated refers to “conduct unbecoming a police officer.”The female officer, the passenger in the car, was not disciplined. Police
included a warrant, requesting Gensch be arrested for OWI, operating
while intoxicated, in the FOIA'd investigation. FOX 17 spoke with the
Calhoun County Prosecutor who told us his office has not received any
warrant regarding this case.