All Charges Dropped Against Jessie Wright, Erlanger Lifts Suspension

Warrants Were Issued After He Rushed Wife To Hospital

Tuesday, June 22, 2010

Charges of traffic violations, evading arrest, assault on a police officer, reckless endangerment, disorderly conduct and registration violation have been dismissed against Jessie Wright. These charges stem from the incident that occurred at Erlanger Hospital last Wednesday, just after midnight.

Hamilton County District Attorney General Bill Cox and Chattanooga Police Department Chief Mark Rawlston have reviewed the incident and concluded the necessity for Mr. Wright to reach the hospital with his wife was greater than the offenses for which he was charged and arrested.

At the direction of Chief Rawlston, the Internal Affairs Division will continue the Internal Affairs investigation and will also take a look at policy and procedures involving these types of incidents, supervisory responsibilities and training issues.

Officials said, "We deeply regret this incident has occurred and hope to meet with Mr. and Mrs. Wright at their earliest convenience to discuss the events of June 16."

Mr. Wright's suspension at Erlanger was also lifted, according to a statement released by the hospital.

Officials said, "At Erlanger, it is a matter of routine to suspend an employee once he/she has been charged with a felony offense. Circumstances surrounding that charge determine whether or not the employee returns to work. We investigate whether or not that felony charge could pose a potential threat to patients, visitors and/or staff.

"Based on Erlanger’s investigation of Mr. Wright’s felony charge, the decision was made Monday to lift his suspension. He has been notified of his lifted suspension and will be returning to work at Erlanger. He will also be paid for the only day he missed during his suspension."

Contacted Tuesday afternoon, concerning the defense of necessity, General Sessions Court Judge Bob Moon said, "The medical necessity defense is usually grounded in either a state's common law or general necessity defense statute.

"Regardless of its origin, the basis of the necessity defense is that society is sometimes willing to excuse or even justify conduct that would otherwise be illegal if that conduct was done to avoid an even worse or greater evil. This defense theory reflects society's understanding that external forces beyond a person's control sometimes place that person in an emergency situation where he or she must choose between the harm or 'evil' of breaking the criminal code or complying with the code and allowing an even greater harm or 'evil' to occur.

"In these situations, if a person violates the law in order to avoid the greater harm, the defense of necessity excuses the person from being guilty of what would otherwise be a crime.

"The elements of a necessity defense vary from state-to-state, and from the federal standard. Generally, the defense must show 1) that the defendant did not intentionally bring about the circumstance which caused the unlawful act; 2) that the defendant could not accomplish the same objective using a less offensive (i.e. "more legal") alternative available to the defendant; and 3) that the evil sought to be avoided was more heinous than the unlawful act perpetrated to avoid it.

"Under federal law, a defendant must establish the existence of four elements to be entitled to a necessity defense: 1) that he was faced with a choice of evils and chose the lesser evil; 2) that he acted to prevent imminent harm; 3) that he reasonably anticipated a causal relation between his conduct and the harm to be avoided; and 4) that there were no other legal alternatives to violating the law."

He cited Tennessee Code Annotated, section 39-11-609 which codifies the common law defense of “necessity.”

The statute reads: Except as provided in section 39-11-611, through 39-11-616, et. Al, conduct is justified if: (1)the person reasonably believes that the conduct is immediately necessary to avoid the imminent harm; and (2) the desirability and urgency of avoiding the harm clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness.

Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: BANKSTON, JOHNNY  44 HOMEPLACE RD LOT 15 ROSSVILLE, 30741  Age at Arrest: 42 years old Arresting Agency: Chattanooga DRIVING UNDER THE INFLUENCE STOP SIGN VIOLATION --- BENNETT, RAHEEM KISRABA  6106 WATER OAK LN HARRISON, 37341  Age at Arrest: 39 years old Arresting Agency: Chattanooga ... (click for more)

South Carolina Man Arrested For Identity Theft After Signal Mountain Woman Gets Bills Of Over $27,000

A Darlington, S.C. man has been arrested and brought back to Chattanooga after a Signal Mountain woman said her identity was stolen and over $27,000 in bills were rung up. Jason Rashaad Jones, 36, was charged with criminal conspiracy, criminal impersonation, identity theft, forgery, theft of property and computer offenses. The victim filed a report with the Signal Mountain ... (click for more)

Food Trucks Steal From Property And Rent-Paying Eateries

According to minutes of the City Council’s  Economic Development Committee and several local news articles, Chattanooga’s City Attorney gave a food truck presentation. He explained to City Council that a new food truck ordinance was being drafted to allow use of mobile food trucks on public  property . He said Chattanooga’s current ordinance limited food trucks to parking ... (click for more)

Roy Exum: The Saturday Funnies

I don’t make much of a secret that I hated every single second of the short time I spent in college or that I never took a journalism class. Instead what I know about writing was taught by a far greater collection of experts than you can find on any college campus. Andy Rooney, for example, was a genius with a dry humor who lectured to me almost every Sunday night for about 30 years. ... (click for more)

Ooltewah, Meigs County Post Wins In Ooltewah Invitational Softball

On the first full day of play in the Ooltewah Invitational, the host Lady Owls and two-time Class A state champion Meigs County posted impressive wins at The Summit. Ooltewah’s Hadley Morrow overcame a rough start and scattered seven hits, Kayla Boseman smacked a two-run home run in a three-run fourth inning, center-fielder Addy Keylon made a sensational catch to save a homer ... (click for more)

Hixson Rally Tops Notre Dame In 5-4 Thriller

The Hixson Wildcats collected a dozen hits in Thursday’s baseball win over Boyd-Buchanan and they made it five wins in a row on Friday over Notre Dame, despite getting only half as many hits. The bottom line is this:   Who cares how many hits you get as long as you score more runs than the opposing team? The Wildcats only had six, but they were able to score five runs ... (click for more)