An attorney said Soddy Daisy Police Capt. Eric Jenkins and Lt. Jake Elrod were suspended with pay "as retaliation for their truthful testimony in the Justin Whaley case."
Attorney Janie Varnell said, "On Tuesday, following their testimony in court, both officers were notified of their suspension around 5 p.m. They were stripped of their badges, guns, access to city email, patrol cars, and told to stay away from the police department.
"This action was taken by Soddy Daisy Police Chief Billy Petty and City Manager Burt Johnson, pending the conclusion of the Whaley case and an investigation into the officers' testimony."
Soddy Daisy City Manager Burt Johnson said the action was taken because he said the report presented to the District Attorney's Office was materially different from the one issued earlier.
He said, "Yesterday's hearing in the Whaley matter was continued after it was discovered in the course of the testimony of former Chief Mike Sneed that the report provided to the District Attorney General by Capt. Jenkins and Lt. Elrod were materially different than the report relative to Elrod's investigation of Sgt. Jeremy Wright that they previously provided to Chief Sneed. Testimony also revealed that internal investigation protocols may not have been properly followed. The city has placed Jenkins and Elrod on leave with pay in order to investigate the matter further and hopefully resolve the conflicts in the testimony. As this is an ongoing investigation, the city administration will provide no further comment at this time."
Sam Elliott, city attorney for Soddy Daisy, said, "The city of Soddy Daisy rejects the charge by attorney Janie Varnell that Capt. Jenkins and Lt. Elrod were placed on administrative leave to intimidate them in order to affect their testimony. They have both already testified and their testimony is public record, making it clear that Varnell’s charge is baseless and purely made to create sensation and controversy.
"Their testimony, however, conflicted with that of former Chief Mike Sneed as to the date of the report in question, requiring a more comprehensive review. Chief Sneed is no longer employed by the city, and therefore is not in a position to impede the city’s investigation. Jenkins and Elrod are on leave with pay so that they also will not be in a position to impede the investigation. The city hopes to resolve this matter quickly and fairly upon the completion of the investigation."
Attorney Varnell, of the firm of Davis & Hoss, said, "These actions are unconscionable and represent an intentional and blatant attempt to intimidate witnesses and facilitate what is a cover up within the Soddy Daisy Police Department."
Ms. Varnell, who represents the officers on behalf of the Police Benevolent Association, said, "The very thing these officers feared happened before the end of their shift. Both officers told Judge Patterson in court yesterday that they feared retaliation for testifying truthfully, and later that day it happened.
"Soddy Daisy City Manager Burt Johnson took his revenge by ordering Chief Billy Petty to suspend the officers.”
She said, "Lt. Elrod and Capt. Jenkins have served the community of Soddy Daisy for 17 and 15 years, respectively. They fulfilled their duties as police officers by coming forward to the DA's office with evidence of another officer’s untruthfulness, upholding the law that citizens expect from police."
Attorney Logan Davis, who is also on the case, said, "The idea that these officers are subject to investigation and possible discipline following truthful testimony is highly concerning and goes against core tenets of fairness and justice that our citizens expect officers to uphold.
"Further, the officer who was untruthful remains on duty and in good standing with Chief Petty and City Manager Johnson. That’s a problem.”
The attorneys said the city of Soddy Daisy has not provided a timeline for the completion of the investigation or information about who will conduct it.
"My team and I remain steadfast in our commitment to ensuring that the truth prevails in this case," said Ms. Varnell. "We call upon the appropriate agencies to investigate the concerning and clearly retaliatory actions here and take appropriate measures to protect these officers and other officers who merely seek to do what is right."