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POST informal panel votes to decertify officer after hospital taser incident

POST Standards and Training Informal Committee · October 3, 2024
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Summary

An informal POST committee voted to decertify an officer who resigned amid investigations after an unauthorized taser deployment at a hospital; the department said the conduct met elements of aggravated assault and the officer acknowledged a mistake but disputed characterizations.

An informal POST Standards and Training committee voted to decertify an officer who resigned while under internal investigation after an incident in which he used a department taser on a fellow officer at a hospital.

Terry Barnes, an internal affairs sergeant with the Chattanooga Police Department, told the committee the officer resigned May 1, 2024, while three internal investigations were open and that one of the incidents — a February 10 taser deployment — “was not an authorized use of our Taser” and, in his view, met the elements of aggravated assault. Barnes also said an unrelated officer‑involved shooting from Aug. 11, 2023, is the subject of a pending federal civil‑rights lawsuit and asked the panel not to explore those facts in detail at the hearing because of the ongoing litigation.

The officer who addressed the committee, Kelvin Patterson, told the panel he accepted responsibility. “I admit that I made a mistake,” Patterson said, describing the exchange as a consensual demonstration and disputing suggestions that the deputy was surprised or harmed. He also said he resigned because the allegation was upgraded and he did not feel comfortable proceeding before the then‑chief.

Commissioners pressed Patterson about whether the deputy’s duties and the custody status of a nearby prisoner made the use of force more consequential. A member with experience as an appellate prosecutor told the panel the conduct could constitute aggravated assault regardless of the deputy’s perception.

Commissioner Jeffers moved to decertify the officer; Commissioner Beverly seconded. The motion carried on a voice vote.

Legal counsel told the officer he has 30 days to appeal the commission’s decision and provided investigator contact information for questions about next steps.