The attorney for Janet Hinds said the only witness to the traffic death of rookie city officer Nicholas Gallnger said his body was run over by a second vehicle.
Attorney Ben McGowan said the Chattanooga Police Department is not turning over any evidence relating to the alleged second driver for his defense of the former Soddy Daisy postmaster.
In an 18-page motion, he said field training officer Jarrod Justice was at the scene when officer Galinger was struck on Hamill Road while inspecting an overflowing manhole cover.
He said in body camera video, officer Justice is clearly heard commanding other arriving officers to detain the second vehicle, saying, "I think this car cannot leave cause I think they ran over him as well."
The attorney said about a minute later officer Justice told another arriving officer, "Right there, he got hit by another car."
He said officer Justice also said, "I was trying to get my car to block the road. Another car slipped by and I think hit him again."
Attorney McGowan said a statement by Police Chief David Roddy that the evidence sought is non-existent "is either intentionally misleading or grossly negligent considering the 'allegation' at issue came from one of his officers - none other than the only officer who actually saw the incident."
He said two other officers also discussed about a second vehicle running over the downed officer.
Attorney McGowan is asking for a court order directing that the city police turn over their "complete file."