Ex-cop gets probation for West Manchester road-rage incident

Liz Evans Scolforo

A retired Maryland police officer has been sentenced to probation for flashing his old police badge last summer while following a woman during what police said was a road-rage incident.

Frank Xavier Fay III, 47, of King Richards Court in New Salem, pleaded guilty Thursday in York County Court to the second-degree misdemeanor of impersonating a public servant.

Frank Fay III

As part of his negotiated plea agreement, he was sentenced to a year of probation and ordered to pay court costs, according to court records.

West Manchester Township Police said that about 3 p.m.  Aug. 11, Fay called 911 to report an erratic driver. The other driver, Tammy Lee, also called 911 and reported that a man, later identified as Fay, was driving behind her and tailgating her, court documents state.

Lee told officers that at one point, the man held a badge out of his window that she did not recognize, according to police.

When officers spoke with Fay, he said he showed his badge to signal to Lee that he was calling the police, documents state. When police looked into it, they discovered Fay had not been an officer for more than 10 years, according to court documents.

Flashed badge: Lee told officers she was on Route 30 and passed Fay's Cadillac Escalade as the two of them got into the left-turn lane to get onto Route 616. At that point, Fay flashed a star-shaped badge out of his window, police said. She told police she had not seen a badge like that in the area.

When the light turned, the two vehicles turned left, and Fay pulled up on Lee's left, causing them both to hit their brakes, police said. Fay allegedly showed the badge once more and said "Pull the f— over, you're f—ed," documents state.

Lee turned left onto West College Avenue, and Fay followed her to Richland Avenue, tailgating the whole time, police said. Lee turned right and called police, and Fay began to back off as they approached a bridge heading into Spring Garden Township, police said. Lee described Fay to the police, documents state.

Police checked Fay's record, and a report from January 2014 showed Fay pointed a gun at someone in another road-rage incident in about the same spot, according to documents.

In June 2014, Fay pleaded no contest to two counts of simple assault and was sentenced to two years of probation, according to court records.

Retired cop: Fay was a police officer in Prince Georges County, Maryland, but retired in May 2003 because of a job-related disability, police said.

When officers spoke with Fay, his story matched Lee's up to the point when they turned onto Route 616. Fay told officers Lee had passed him when they turned and he began to follow her because of her driving, police said.

He said he feared for the safety of his children, who he maintains were in the car with him, police said, but Lee has told The York Dispatch she didn't see any children in Fay's vehicle.

Fay admitted to showing his badge but denied telling Lee to pull over, documents state.

'Out of his way': When officers asked Fay why he would follow Lee for such a long distance while supposedly fearful for his children's safety, Fay said it was "the right thing to do," according to police.

"It should be noted that Fay lives in York New Salem borough and would have had to go extremely far out of his way to continue to follow Lee," documents state.

When police asked Fay why he keeps getting involved in these incidents, Fay said that in both incidents, the other drivers hadn't told the truth, according to documents. He made that statement prior to Thursday's guilty plea.

— Reach Liz Evans Scolforo at levans@yorkdispatch.com or on Twitter at @LizScolforoYD.