UPDATE: Charges dropped in controversial roadside arrest case
UPDATE: Court records say all charges against 20-year-old Kiyara Estes have been dropped.
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PREVIOUS STORY: A Tennessee Highway Patrol trooper has been reassigned to administrative duties for the duration of an internal investigation.
According to an affidavit, 20-year-old Kiyara Estes was stopped on I-75 by Trooper Charles D. McVey on July 21.
Video obtained by Channel 3 shows Trooper McVey pulling Estes out of the vehicle from the passenger side.
This video is graphic and may be disturbing to some viewers.
The affidavit says Estes permitted Madelyn Powell to drive her vehicle at 92 mph in a 65 mph zone, without having her license or proof of insurance.
But during the video, when Powell and Estes ask McVey why he making the arrest he responds, "You're under arrest for allowing her to drive 92 in the 65, not having an ID with you." Estes cuts him off before he could finish and asks, "I'm going to jail for that?"
Powell adds, "I have a driver's license. You can look it up. You can ticket me."
Another affidavit says while waiting for jail transport, Estes was being argumentative and cursing. In the report, McVey says Estes was "causing even more of a scene that was offensive with myself and with her female partner." It goes on to say Estes was told several times to quiet down and that she called McVey a racist.
Estes is charged with Unl. Knowingly Permitting A Person To Operate A Vehicle, Disorderly Conduct, Resisting Arrest Or Obstruction Of Legal Process, and Speeding.
Dr. Elenora Woods, President of the NAACP, told Channel 3 Estes contacted them asking for legal help. Woods says she was notified the night it happened and spoke to McVey's supervisor over the phone who was unaware of the incident, but said McVey's behavior was out of character.
Attorney Robin Flores, who is an attorney representative for the NAACP, says as of now he is not handling the case, but that this should have been a simple traffic stop. He says it is illegal to knowingly allow someone to operate a vehicle in an unlawful manner.
But in this case, he says there was nothing Estes could do.
"To charge the passenger. To arrest her for allowing the driver to allow her to drive in the manner that she did is ridiculous. What was she supposed to do? Jump out of the vehicle if it was traveling as fast as the trooper said it was?" Flores explained. "The better thing would've been just to write her a ticket if that's what the trooper thought but to sit there and yank her out by her braids and pull one of the braids out and tell her oh I'm taking you into custody because you don't have ID. That's more troubling to me."
According to Flores, the district attorney plans to drop Estes' charges. He says a spokesperson told him that on Monday. Powell's father also confirms the charges are being dropped. We contacted the DA's spokesperson Bruce Garner regarding the charges on Wednesday, who said he was not able to comment on the incident right now.
She is in custody at the Hamilton County jail and will appear in court on August 7.