After a signed plea by Gilmore waiving his rights was discovered in court records, Ruskell said he might reconsider reopening the case. Last week, he said he chose not to. Gilmore was punished, there was still no evidence that anyone in court read Gilmore his rights, and domestic violence is no longer prosecuted in State Court, Ruskell said, but rather in Superior Court. Boone said she was not surprised. She said she has felt resistance in the system to prosecuting an officer from the beginning.
Truth is stranger than fiction.
POST continued its investigation despite the dismissal of the conviction. Gilmore appealed his revocation to the Office of State Administrative Hearings and will maintain his certificate until his appeal is heard. A hearing usually takes place within 90 days, said Wayne Melton, the director of POST's certification and hearings division. Sheriff Roger Garrison said that he hopes to keep Gilmore on staff even if Gilmore's certification is revoked. Gilmore could continue working at the jail in a civilian position, he said.