Attorney questions Red Bank Police policy
RED BANK, HAMILTON COUNTY (WRCB) - During a lengthy day in court, attorney Robin Flores questions Red Bank police leadership.
This comes on the heels of two officers leaving the force for a policy violation.
Flores said Officer Tammy Delashmitt should face the same punishment over a bad arrest.
Attorney Flores said, "She puts him in a cell, leaves him there. Goes to back building and basically scratches her on head on what to do next."
Last year, Dalshmitt pulled over John Murray after she says he swerved across lanes on Hwy 27 in Soddy Daisy.
Outside of her jurisdiction, department policy states she should have called Soddy Daisy Police. Instead, she called her husband, a Hamilton County deputy.
James Delashmitt said, "I could smell alcohol on his breath and I did ask had he been drinking. He said ‘Yes. Two beers.'"
When officer Delashmitt made that arrest in Soddy Daisy she violated police code which prompted an internal investigation.
After Delashmitt filed her report, shift supervisor Cpl. Chauncey questioned whether Delashmitt followed department rules.
Jerry Tidwell, who represents Red Bank, said Cpl. Chauncey over stepped her authority and acted inappropriately.
Tidwell said, "I have never heard of officers going behind other officers and looking at their reports."
The result of the 53-page internal report shows Delashmitt was not punished for the violation or for deleting her initial report at the request of the former Chief.
Sgt Dan Knight said, "There was some documentation that had been changed throughout the course of the day."
Sgt. Knight led the investigation. He says the changes were for court filing purposes, but the deleted information was included in the second report.
Flores says his client got pegged as a bad cop, but he said Chauncey was on to something else.
Flores said, "It is that they were exposing what they believe was misconduct and what we feel is misconduct that was rampart over there."
Attorneys for Red Bank say Delashmitt did the right thing by taking a drunk driver off the road.
But whether or not it was done in proper fashion will be for a judge to decide.
Judge Barry Steelman will release a ruling in March.