Local mom: "So where's the justice at for my daughter?" - WRCBtv.com | Chattanooga News, Weather & Sports

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Local mom: "So where's the justice at for my daughter?"

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CPD Officer Robin Davenport CPD Officer Robin Davenport
CHATTANOOGA, TN (WRCB) -

"I'm a citizen as well and I have rights too. So where's the justice at for my daughter?" Felicia Cotton said.

It's been a long six months for Felicia Cotton after finding text messages from a Chattanooga police officer on her preteen daughter's phone. 

"I looked at her texts and you could see where it was ongoing. I literally stopped counting at 400 texts. I stopped counting," she said.

Cotton says Officer Robin Davenport and her 11-year-old daughter sent messages back and forth hundreds of times in September and October before she put a stop to it. She immediately turned them over to Chattanooga Police Department's Internal Affairs division.

CPD took Davenport off the job and kept sending him a paycheck while they looked into it.

READ MORE | UPDATE: TBI investigating Chattanooga cop after inappropriate communication 

"He was asking her what kind of underwear she wears, he would tell her the difference between a boy and a girl, he was asking her to send pictures," she added. 

Now, half a year later, she's still waiting for answers. 

Channel 3 confirmed the TBI and district attorney's office investigated. They were unable to prove Davenport actually broke the law. 

According to a TBI spokesperson, the agency provided its investigative file to CPD on February 14. According to CPD policy, that must happen before an internal investigation can begin.

"If a criminal investigation is initiated the Internal Affairs investigation will generally be placed on hold until completion of the criminal investigation," said Kyle Miller, spokesperson for the Chattanooga Police Department.  "This is usually at the request of the agency conducting the criminal investigation or the District Attorney's office. This was the case concerning this investigation."

Miller says the delay allows Internal Affairs to review all available evidence prior to questioning the officer who is under investigation and it helps maintain the integrity of the criminal investigation.

CPD's Internal Affairs Office follows a seven step process. According to department policy, that process includes:

  1. Investigation is conducted and the IA Report is submitted to the IA Unit Commander.
  2. IA Unit Commander reviews the investigation and makes a Conclusion of Fact, which is based on the preponderance of evidence presented in the investigation.
  3. The Conclusion of Fact Report is submitted for review to the Professional Standards Division Commander, who makes a comparison of the employee action to CPD Policy, and then makes a written recommendation of findings on any policy violation. 
  4. The Assistant Chief in command of the officer being investigated reviews the recommendation of the PSD Commander, indicating his/her own recommendation of findings and discipline for any infractions which are recommended to be sustained.
  5. The Administrative Review Committee (ARC) reviews the case, considers the recommendations, and makes its own recommendations to the Deputy Chief and Chief of Police.
  6. The Deputy Chief reviews the case and the recommendations from the ARC, further recommending to the Chief of Police a disposition of any findings.
  7. The Chief of Police may hold a Disciplinary Hearing, makes a final determination of whether any allegations are to be sustained, and imposes discipline for an officer whom he has determined to have violated policy.

CPD will keep paying Davenport until the Internal Affairs investigation is complete. 

Cotton tells Channel 3 she's ready for answers. 

"Why does something drastic have to happen for the situation to get looked into further," Cotton asked. 

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