CHATTANOOGA, TN (WRCB) -- Former Hamilton County EMT James Smiley is one of three men accused of harassing residents at East Lake Courts using racial slurs and shooting fireworks at them.

His first review came in 2007 where his lowest marks came under the section for "performing EMT duties" he scored a 2 out of a possible 5.

That means his supervisors felt he did not meet acceptable standards.

"He was one of the first responders in Apison after the tornado. He was the one taking the dead away from there," says Robin Flores, Smiley's Attorney.

Flores, said Smiley was "more than capable" of doing his job, and personnel records show Smiley improved during his last year. "

His overall score for 2010 was a 3.01 out of 5.00, which is the minimum the Hamilton County likes to see.

This week, Smiley was charged with civil rights intimidation, a felony that carries at least 2 years in prison.

Flores said  the charge is wrong. 

"What were they trying to prevent these people from doing," he said. "I can see if it were voting, or working, but I just don't see it."

The Chattanooga Police Department disagrees and said the men were charged according to the definition of the civil rights intimidation.

Chattanooga Police have asked the FBI to review the case.