UPDATE: CPD sergeant won't face jail time in missing evidence case
CHATTANOOGA, TN (WRCB) -
A Chattanooga police sergeant who faces charges for stealing evidence entered a no contest plea Wednesday and won't face any jail time.
Kevin Kincer was facing three counts of felony official misconduct and three counts of misdemeanor theft of property under $500. Under the no contest plea, Kincer will have a clean record based on good behavior after a two year probation period.
Kincer was placed on paid administrative leave in December after 22 years with the department. He remains on leave without pay. During that time, the TBI investigated missing drugs and guns from the department's property room where Kincer was a supervisor.
District Attorney General Neal Pinkston said there was "overwhelming evidence of his guilt" and his plea deal is consistent with sentencing law and what others would have received under similar conditions.
"It's a guilty plea diversion," Pinkston said of Kincer's plea. "He plead no contest guilty plea diversion so he's not contesting the allegations and entered a plea of guilt to that under the diversion statute."
"Mr. Kincer is a man of honor, he's a good person, we thought this would end in his best interest and get this behind him. Again, there's been no finding of guilt so in two years this will all be gone," said Kincer's attorney Hank Hill.
Hill said Kincer has had 49 years of good behavior before February's indictment. His criminal record will be wiped clean if he stays out of trouble for two years. Kincer also agreed to complete 40 hours of community service and must undergo an alcohol and drug assessment, in addition to paying court costs.
According to Kincer's personnel file, he was named property division supervisor in January of 2012. Past performance reviews by his supervisors were largely positive calling him a "hard worker" with CPD's "best interest at heart."
Kincer chose not to talk with Channel 3 Thursday or anytime throughout the process.