Representatives from the Tennessee Department of Safety and Homeland Security and department counsel addressed multiple connected matters arising from a January crash and subsequent agency handling.

On one docketed matter, counsel for the Department told the Commission the department had reached an agreement with the respondent, Darby Drinker, resolving her step-3 appeal and asked the Commission to accept withdrawal of the department’s request for decertification in that specific case. The department cited an agreed settlement reached on Sept. 16, 2025, to conserve time and resources; counsel said the agreed settlement included rescission of the department’s decertification request related to a Giglio-language omission in the termination letter.

Separately, the Commission considered three interrelated matters arising from the same incident involving Trooper/Officer Potts, Trooper Millholland and Sergeant Drinker. POST staff and Homeland Security legal counsel explained the incident involved a crash response, subsequent contact and questions about who was the driver. The Commission heard testimony and documents suggesting inconsistent statements, missing body-camera video segments, and disputed accounts about on-scene directions. Homeland Security said it reached an agreement with one respondent (Millholland) separate from the request regarding Drinker.

After discussion about the scope of evidence and the potential overlap with criminal proceedings, the Commission voted to send the related matters involving Tricker/Drinker and Trooper Millholland to formal hearings where evidence, witnesses and cross-examination can be taken. Commissioners noted the seriousness of allegations about potential coaching or failure to report and the need for full fact-finding in a formal proceeding. Trooper Potts was not present and was noted as defaulting on appearance; the Commission indicated default certification action may follow where proper service occurred and no appearance was made.

The Department’s representative and respondent counsel were asked to provide full records and to prepare those matters for the formal calendar.