An administrative law judge has ordered that Chattanooga Police Officer Brian Cottell be reinstated to his employment at the department in connection with an incident in which shots were fired at a man during a suicide call.
Attorney Janie Varnell said, "The administrative law judge issued an opinion overturning Chief David Roddy’s wrongful decision to terminate him.
Officer Cottell is reinstated with full back pay and benefits."
She said the reversal happened "because the judge found that Officer Cottell did not violate the City's Firearm Discharge Policy and therefore the decision to terminate was not made upon a reasonable basis."
The Medical Examiner's Office had determined that the suicide victim died from his own gunshot and not one fired by the officer. Of the three shots fired by Officer Cottell, one hit his thigh and the other two struck a nearby chair.
Attorney Varnell said, "On Aug. 26, 2018, Chattanooga Police were dispatched to the home of a man threatening suicide with a weapon on Oakwood Drive. When officers entered the apartment, the suspect immediately armed himself with a loaded gun and pointed it directly at officers. Officers attempted to persuade the suspect to drop his weapon, but he continued to disobey lawful orders. After approximately a minute of negotiation, the suspect fired a round into his chest. Perceiving a deadly threat to himself and other officers, Officer Cottell immediately fired three rounds in response.
"Relying upon the credible testimony of officers on the scene and the established law, the court found that the officers were under a threat of deadly force during the entire encounter with the suspect, and that it would have been the height of foolishness for the officers to believe that the only threat the suspect presented was to himself.
“We are pleased with the order of the court and Judge Claudia Padfield’s thorough review of the substantial evidence in this case. On behalf of Officer Cottell, this order reiterates what we knew all along, which is that Officer Cottell acted quickly, appropriately, and responsibly when faced with a deadly threat of harm. We look forward to Officer Cottell’s continued service to this community.”
The city of Chattanooga has 60 days to appeal the court’s order or it becomes final.