Wednesday, August 6, 2008

Charges Against Sheriff Dismissed Under Pretrial Diversion

   Charges of official misconduct that had been brought against Lawrence County Sheriff Kenny Taylor earlier this year were dismissed Wednesday under a pretrial diversion.

   Taylor, age 58, had been accused of interfering in a police investigation on behalf of his nephew, Jarrod Bradbary, in December of last year. Lawrenceburg Police Officers wee allegedly in the process of arresting Bradbary on DUI charges at the time.

   In January officials with the Tennessee Bureau of Investigation (TBI) were called upon to initiate an investigation into the matter. Evidence was presented to a Lawrence County Grand Jury in March and that panel opted to return indictments, charging Taylor with the crime of Officials Misconduct.

   In their decision grand jurors indicated that Taylor, “On or about the 16th day of December, 2007, in Lawrence County, Tennessee, and before the finding of this indictment, did unlawfully, knowingly and intentionally commit an act relating to the defendant’s office as Sheriff of Lawrence County, Tennessee, that constituted an unauthorized exercise of official power with intent to obtain a benefit in that he directed other persons to act so as to prevent the lawful investigation of the offense of driving under the influence of alcohol by his nephew, Jarrod Bradbary, in violation of Tennessee Code Annotated Section 39-16-402, all of which is against the peace and dignity of the State of Tennessee.”

   In April defense attorneys entered a “not guilty” plea on Taylor’s behalf through Lawrence County Circuit Court.

   Taylor appeared in circuit court Wednesday, August 6, before special judge Donald P. Harris. Taylor waived his right to trial, opting instead to enter into an agreement with the District Attorney’s Office.

   The order of pretrial diversion states that the parties, “have agreed that pretrial diversion is an appropriate resolution to this matter and that this prosecution shall be suspended until August 6, 2008, at which time all charges against the defendant and/or allegations as of the date of this Order and Memorandum of Understanding will be dismissed with prejudice providing that the defendant successfully complies with the conditions,” set forth.

   The conditions outlined in the document include:

1. The defendant shall comply with all requirements of Tennessee Codes Annotated 40-15-101.

2. The defendant shall refrain from any violation of the law.

3. The defendant shall behave in a manner consistent with good citizenship.

4. The defendant shall pay the court costs of this matter within sixty days of the entry of this order…”

   In addition, the document requires that Taylor “communicate monthly” with 22nd Judicial District Attorney General Mike Bottoms.

   The document also points out, “Sheriff Taylor’s version of the facts underlying the alleged offense of official misconduct is that he did not unlawfully, knowingly and intentionally commit an act or acts that constituted an unauthorized exercise of official power with the intents to obtain a benefit at any time during his tenure as Sheriff of Lawrence County, and he reaffirms his previous statements. Sheriff Taylor affirms that he is a hardworking, dedicated public servant and family man who has performed his sworn duty to protect and to serve the good people of Lawrence County. Additionally, Sheriff Taylor has cooperated fully with the T.B.I. during its investigation of the allegations.”

   Under the agreement, all parties accede that “the pretrial diversion is in everyone’s best interest, including the general public…”

   In the wake of Wednesday’s court action Bottoms pointed out, “The laws of this state provide every eligible person a chance to forego the prosecutorial process by agreeing to the terms of pre-trial diversion. In Sheriff Taylor’s case, we examined the facts and determined that diversion was the most appropriate way to resolve the matter fairly and justly.”

   Of the decision, Taylor stated, “I am pleased that the judicial system has worked and brought this matter to a close. I now look forward to continuing my sworn obligation to protect and serve the good people of Lawrence County who entrusted me to ensure their safety, freedoms, and God-given rights.”

 

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