By Jennifer Eisenbart
Editor
A City of Burlington police officer charged in December 2015 with drunken driving has resigned.
Eric Mitchell, who was charged in Walworth County Circuit Court with drunken driving, having a prohibited alcohol content and criminal damage to property, submitted his written resignation to City Police Chief Mark Anderson Nov. 7, effective that day.
Mitchell had been found guilty of the drunken driving charge Nov. 1, and the other two charges were dismissed but read in.
Anderson would not comment on Mitchell except to confirm the resignation, and to say the city is “actively seeking to replace him.”
Mitchell was a 14-year veteran of the department when the situation leading to the charges occurred. According to the Walworth County Sheriff’s Department report of the Dec. 16 incident, Mitchell was accused of hitting a mailbox and road sign while driving shortly before 4 a.m. that day.
According to the report, Mitchell then left the scene and was pulled over later for a defective front passenger side headlight.
Mitchell failed standard field sobriety tests – and also blew a .16 blood alcohol content on the portable breath test, according to the report.
Lt. Brian Zmudzinski, whose home Mitchell left prior to the incident, was given a written warning for failing to immediately notify Anderson of the incident.
Mitchell was given a 20-shift unpaid suspension, and his continued employment with the City of Burlington was dependent on no restrictions to his driver’s license. Having been over the prohibited blood-alcohol level of .15, Mitchell would have been subject to an interlock device on his car, forcing him to take a breathalyzer test in order to drive.
However, according to court records, Mitchell pursued an exemption from the interlock device – and was given one in order to escape “financial hardship.”
Walworth County Assistant District Attorney Matthew Leusink confirmed Tuesday that the exemption was given so that Mitchell could remain employed.
“It was my understanding the exemption was for his work as a police officer,” Leusink said.
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