Local News Articles

Smithville Police Chief Stufano Placed on Administrative Leave Over Allegations of Misconduct by Roy Ray

By a vote of 3 to 1, the Smithville Aldermen Monday night voted to place Police Chief Tom Stufano on administrative leave with pay, pending the outcome of an independent investigation into allegations of misconduct lodged against him by Roy Ray of the Belk Community. In the meantime, the department's most senior ranking officer, Richard Jennings, will apparently be the acting Chief.

Ray has filed a lawsuit in Federal Court against Chief Stufano, the Smithville Police Department, and the City of Smithville claiming he suffered injuries and that his civil and constitutional rights were violated during a misdemeanor traffic stop in February.

Ray's attorney in the lawsuit, Adam Wilding Parrish of Lebanon, came before the Mayor and Aldermen Monday night requesting the investigation of Stufano.

Alderman Jerry Hutchins' Sr. made a motion to place Chief Stufano on administrative leave with pay until the outcome of an independent investigation of the allegations against him. Aldermen Hutchins, Tonya Sullivan and Willie Thomas all voted in favor of the motion, but Aldermen Steve White voted against it, saying he thought it premature to be voting on the suspension until city attorney John Pryor had an opportunity to research what the city's legal options are in dealing with Stufano, whether the mayor or council has the authority to place an employee on administrative leave, and whether a third party, such as the TBI, should conduct an investigation with a pending lawsuit against the city. White asked why the rush? He moved that Hutchins' motion be tabled until the August 6th meeting, but White's motion to table died for the lack of a second. Alderman Cecil Burger was absent Monday night.

Alderman Sullivan said the city should act to protect it's employees as well as the citizens, but expressed concern about the seriousness of Ray's allegations against Stufano.

Some suggest that placing Chief Stufano on leave in this case would be no different than when officer Callie Matthews was placed on administrative leave earlier this year after she was involved in a fatal traffic accident on Foster Road, another case in which the city has been sued. However, it wasn't the council who placed Matthews on leave, it was apparently either Stufano or the city administration.

Ray wants a jury trial and he is seeking compensatory and punitive damages along with his attorney's fees.

The lawsuit alleges that "On or about February 23rd, 2007, Ray was operating his vehicle in Smithville and that Stufano, acting in his official capacity as a law enforcement officer, executed a traffic stop on Ray's vehicle alleging that Ray had violated a misdemeanor traffic offense."

The lawsuit further alleges that "during the course of that stop, Stufano utilized excessive force and assaulted Ray even though Ray posed no threat to the safety of the officer or to himself."

Ray claims he was detained, handcuffed, and transported to the county jail.

After the alleged assault, Ray claims "Stufano threatened to pursue criminal charges against him unless Ray agreed to execute a document releasing Stufano and the City of Smithville for any liability for the injuries sustained."

Ray says he refused to sign any documentation releasing the city from any such liability.

In the lawsuit, Ray alleges that "approximately five months have passed since the date of his injuries and there have been no criminal charges, warrants, or traffic citations issued against him and that as a direct and proximate result of the defendant's acts and omissions, he has suffered serious and painful injuries to his back and shoulder and that these injuries have required medical treatment."

Ray claims that "As a direct and proximate result of the defendant's acts and omissions, he has been caused to suffer great emotional, physical and psychological pain and injury, and has incurred financial liability in the treatment of these injuries."

Ray further contends that the defendant violated his civil and constitutional rights by using excessive force and physically assaulting him while he was in the care and custody of the City of Smithville Police Department.

According to Ray, the police department and the municipal government were negligent in that they owed him a duty to protect him and exercise due diligence in the hiring and disciplining of it's employees and staff; that the defendant breached that duty; that the defendant failed to enforce or initiate policies designed to protect inmates; that the defendant failed to adequately train, discipline, and monitor the training and status of it's employees in the prevention of use of excessive force; and that as a proximate result of this negligence, Ray was physically assaulted and injured."

Ray alleges that "Stufano willfully and knowingly arrested, detained, and incarcerated him for no legitimate or other lawful purpose; that Stufano threatened further criminal prosecution against him unless he released the city from liability; that Stufano knew these allegations to be false and yet proceeded to detain, handcuff, arrest, and briefly incarcerate Ray against his will; that the defendant's actions were out of malice, and or for no legitimate legal purpose; and that the criminal charges, warrants, or traffic citations have never been issued or sworn against Ray."

Ray is represented by Lebanon attorney Adam Wilding Parrish. Named as defendants are Stufano, individually and in his individual and official capacities; John Doe, parties to be determined; the Smithville Police Department; and the Municipal Government of the City of Smithville.

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Write-In Candidates In Alexandria City Election Must Qualify by July 18th

Barbara (Bobbie) Crawford has filed a "Certificate of Write-In Candidacy" with the DeKalb County Election Commission announcing her intent to run for the office of alderman in Alexandria.

Her name will not be printed on the ballot. Anyone who wants to vote for her, will have to "write in" her name. The voting machines that will be used allow the voter to do this on the machine rather than requesting a paper ballot. According to Tennessee Election Laws paper ballots are only to be used in an emergency situation when voting machines are not available for use.

Anyone else who wants to run as a write-in candidate in this election must file a certificate at the Election Commission office no later than today (July 18). Call the Election office at 597-4146 for details.

The official slate of candidates for this election, in addition to the write-in candidacy of Crawford include Derrick Baker, Sheila Clayborn, Maureen Tubbs, and James R. Walker.

The voter registration deadline for this election is August 8th at 4:00 p.m..

The deadline to register as a property rights voter is also August 8th. proof of ownership is required.

Early voting begins August 17th and ends September 1st.

Mobile Home Destroyed By Fire

B. Don James Reports to Federal Prison

Four Charged in Check Theft & Forgery Investigation

The DeKalb County Sheriff's Department has charged four women in the investigation of a stolen check and driver's license, which they allegedly used to obtain cash from the victim's bank account.

25 year old Elizabeth "Beth" Chalfant of Hurricane Ridge Road is charged with theft of property under $500 and theft of property over $1,000; 23 year old Ashley Owen of Twilla Lane, Smithville is charged with theft of property over $1,000; 43 year old Denise Jauregui of Bell Street, Smithville is charged with theft of property over $1,000, criminal impersonation, and forgery; and 25 year old Sabina Solano of Bell Street, Smithville is charged with theft of property over $1,000.

Sheriff Patrick Ray says Chalfant allegedly took a check and driver's license from a relative, then all four women went to a local bank, in the same vehicle, where they presented the drivers license and forged check in the amount of $1,900.

According to Sheriff Ray, Owen pulled up to the drive-through window at the bank and presented the stolen check and drivers license, but since the check was not endorsed, the cashier did not accept it and asked the women if the check belonged to one of them.

Sheriff Ray says Jauregui raised her hand, indicated that the check belonged to her, and endorsed it. The cashier then cashed the check and gave the money to the women, who then divided the cash among themselves

Bond for each is as follows, $6,000 for Chalfant, $3,500 for Owen, $9,500 for Jauregui, and $3,500 for Solano.

All four women will appear in General Sessions Court on August 9th.

Mayor Casts Veto Making Stufano Police Chief Again

Tom Stufano is the Smithville Police Chief again.

Mayor Taft Hendrixson has vetoed the city council's 3 to 1 vote Monday night to place Chief Stufano on administrative leave with pay, pending an investigation of allegations of wrong doing in a pending lawsuit, filed by an attorney for Roy Ray.

In a letter to City Attorney John Pryor dated Wednesday, July 18th , Mayor Hendrixson wrote " I believe the action taken by this Board could be potential exposure to future litigation and I think any action of administrative leave for Chief Stufano is premature."

"I hereby veto the action by the Smithville Board of Mayor and Aldermen made on July 16th placing Chief Thomas J. Stufano on administrative leave."

"Therefore, Chief Stufano is still Chief of the Smithville Police Department until such time as my veto is overridden by a two thirds majority vote of the entire Board, at the next regularly scheduled meeting of the Smithville Board of Mayor and Aldermen."

Smithville Alderman Tonya Sullivan, in a prepared response to the mayor's veto, wrote " I received a notification of a veto from Mayor Taft Hendrixson on Friday regarding Chief Stufano's administrative leave. I felt that it was necessary for Chief Stufano to be on paid administrative leave in order to protect him and clear his name and to be fair to Mr. Roy Ray. The allegations were taken serious Monday at the council meeting and so was protecting our city employee. A TBI investigation I felt was the quickest way to get this matter resolved."

Sullivan further stated "The veto by the Mayor doesn't suggest that this was not an appropriate way to handle this. The Mayor's reasons for the veto were 'out of fear of future litigation'. I respect the Mayor's position and I know that myself as well as the other aldermen are willing to work together to resolve tough isses as they happen. I want what is in the best interest of our city employees and the citizens of Smithville."

In order to override a mayoral veto, at least four members of the five member board would have to vote for the override, otherwise, the mayor's veto is sustained.

Mayor Hendrixson met with members of the local media Friday afternoon in his office to publicly announce his decision.

Hendrixson, when asked if he has received any public response from Monday night's vote by the council, stated that he has received numerous comments, both in person and on the phone, expressing support for Stufano.

Mayor Hendrixson says he believes Stufano has done a good job as Police Chief and that he and the department have been active in making drug arrests and addressing other crime concerns.

Alderman Jerry Hutchins' Sr. made the motion Monday night to place Chief Stufano on administrative leave with pay, pending the outcome of an independent investigation, based on complaints made by Roy Ray filed in a federal court lawsuit against Chief Stufano, the Smithville Police Department, and the City of Smithville.

Ray claims he suffered injuries and that his civil and constitutional rights were violated during a misdemeanor traffic stop in February.

Ray's attorney in the lawsuit, Adam Wilding Parrish of Lebanon, came before the Mayor and Aldermen Monday night requesting the investigation of Stufano.

Aldermen Willie Thomas and Tonya Sullivan joined Hutchins in voting for the suspension, however Alderman Steve White voted against it, until City Attorney John Pryor had more time to research the city's options in dealing with the issue. Alderman Cecil Burger was out of town and could not attend the meeting.

The senior ranking officer, Richard Jennings, became acting chief, until the mayor's veto.

Section 6, paragraph 3 of the City Charter states that "He (Mayor) shall have veto power over any action of the Board, except as hereinafter provided, giving his reasons therefore in writing, with the exception of the hiring policy as set out in SECTION 5, Paragraph 2; but the Board may, by a two thirds vote of the entire membership of said Board, pass the same over his veto; or if he fails to return the same on or before the next meeting of said Board, he shall be deemed to have approved the same and the same shall become a law without such approval; and each and every law, ordinance, resolution or vote, except on the question of adjournment, shall require the approval of the Mayor before it shall become effective, except as herein before provided."

Section 5, Paragraph 2 of the City Charter states that "All employees or appointed officials of the City, including, but not limited to, the Chief of Police, the City Bookkeeper, the City Attorney, the Judicial Commissioner of the City, and the Secretary-Treasurer of the City shall be employed by a majority vote of the Aldermen of said City, and in case of a tie vote of said Aldermen in this and any other question voted on by said Aldermen, the Mayor shall have the power and it is hereby declared to be his duty to cast the deciding vote in such election. It shall also become the duty of said Board to fix by ordinance the salaries of all employees and officials employed by the City. No employees or official can be discharged except for "cause". The Mayor and Board of Aldermen of the City of Smithville, shall enact such ordinance or ordinances as are necessary in order to define "cause", and distribute same to all employees and officials of the City. Said ordinance or ordinances shall comply with the due process requirements of both the federal and state constitutions. All employees and appointed officials of the City shall be rehired and or reappointed each year absent their discharge for "cause" as referred to herein."