Pubdate: Mon, 09 Aug 2004
Source: Volunteer Times (TN)
Copyright: 2004 Volunteer Times
Contact:  http://www.volunteertimes.com/
Details: http://www.mapinc.org/media/3188
Author:  Jeremy Z. Young
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

FOUR FORMER DEPUTIES PLEAD 'NOT GUILTY' IN EXCESSIVE FORCE CASE

The case of five deputies who were terminated from Campbell County's
Sheriff Department in July appeared before a Grand Jury Wednesday.
Charges were brought against four of the officers. Process server Will
Carroll was not indicted.

Three of the remaining officers, Samuel Franklin, Josh Monday and
auxiliary Shayne Green were indicted and charged by the Grand Jury
with two counts each of official oppression and one count each of
aggravated perjury for allegedly lying to agents of the TBI.

Primary narcotics investigator David Webber was charged with two
counts of official oppression and two counts of aggravated perjury.

The additional perjury charge stems from Webber's allegedly making
false statements to file drug charges against Lester Eugene Siler and
his wife Jenny. All charges filed against the officers came from a
July 8 arrest of Lester Eugene Siler. While at Siler's home, the
officers allegedly physically abused Siler while trying to get him to
sign a "Consent to Search" form.

During the Grand Jury session, Siler and his wife Jenny testified, as
well as Siler's minor son who was at the residence during the arrest.
Although the accused are not entitled to testify before the Grand
Jury, waiving their rights, Franklin and Carroll did testify.

No one can say what was said in the Grand Jury room, but the four
officers who were indicted were booked and released from the county
jail on the charges brought against them. Friday, the officers faced
arraignment in front of Circuit Criminal Court Judge Shayne Sexton in
Scott County.

Sexton called the Scott County (Huntsville) court to order Friday,
saying he wanted to get the Campbell County case settled and move on
to Scott County business. Former officers Shayne Green and Josh
Monday, as represented by Campbell County attorney Steve Hurst
appeared to plead 'not guilty' to the charges against them. David
Webber, represented by Lee Asbury also pleaded 'not guilty.' Franklin
chose not to come to the arraignment, as is entitled by law, but was
represented by attorney Michael Hatmaker who entered his plea of 'not
guilty' as well.

The attorneys, including District Attorney Paul Phillips agreed to
have a pretrial conference on September 9, 2004 at the Campbell County
Courthouse in Jacksboro. The case is expected to be heard in February
2005.

During the case, it was discovered that officers Will Carroll and Josh
Monday were not state certified peace officers.

According to the sheriff, Carroll was only a part-time process server
and has been with the department since March. However, Monday has been
an acting patrol deputy since 2002. State requirements say that
personnel must receive the certification within six months of being
hired.

The sheriff told one news source that if determined he made a bad call
in firing the five, that he would apologize and reinstate them.

However, he told another news source that it was unclear if Carroll
would be reinstated, although he was cleared and not indicted.

Already one Campbell County case has been affected by the
terminations. A DUI case in which Monday was the only witness was
dismissed from General Sessions Court by Judge Joe Ayers. Usually a
case doesn't rest on the testimony of one officer, but in this
instance the officer was the only witness. It is yet to be seen how
many cases may be affected by the terminations. However, Webber, Green
and Monday were involved in arresting many of the 140 or so
indictments that came from the Grand Jury in February of this year. 
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MAP posted-by: Richard Lake