Court of appeals upholds Clinton County ruling
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The Twelfth District Court of Appeals has affirmed the decision of the Clinton County Municipal Court dismissing a domestic violence complaint against a former Clinton County sheriff's deputy.
Christopher Kirk, of Clarksville, was an off-duty Clinton County Deputy Sheriff on May 11, 2009 when he was involved in a verbal and physical altercation with his wife, Misty Kirk, according to a release from the appeal's court. On May 12, Misty went to the Clinton County Sheriff's Office to report she had been physically assaulted by Christopher the day before, and met with Lieutenant Brian Edwards. Lieutenant Edwards traveled to the scene of the incident to identify and interview possible witnesses.
On May 13, Misty went to the sheriff's office and signed a criminal complaint and a temporary protection order. Lieutenant Edwards then drove to Christopher's home and brought him back to the sheriff's office. There, Lieutenant Edwards told Christopher a complaint had been filed against him, told him he was being interrogated as part of an internal investigation for allegedly violating the sheriff's office's code of conduct, and that failure to answer all questions truthfully would result in his discharge, the court said. Lieutenant Edwards then interrogated Christopher regarding the altercation. After the questioning, Christopher was arrested and put in jail. Lieutenant Edwards then drove back to the scene of the altercation to locate and interview additional witnesses but was unable to find any.
On May 14, Misty gave two objects she had found in Christopher's pick up truck to Lieutenant Edwards, who tagged them as evidence. That same morning, a criminal complaint for domestic violence was filed against Christopher in Clinton County Municipal Court, according to the court. Thereafter, Lieutenant Edwards came to Christopher's arraignment on behalf of the state and asked the court for a higher bond. On May 27, Christopher was terminated by the sheriff's office. Christopher filed a motion asking the municipal court to dismiss the criminal complaint. The parties agreed not to have a hearing on the issue. On Sept. 2, 2009, the municipal court dismissed the criminal complaint against Christopher. The court found that Christopher's constitutional rights have been violated because the internal investigation and the criminal investigation were both conducted at the same time and by the same officer.
On appeal, the state challenged the dismissal of the domestic violence complaint against Christopher. Writing an opinion for the court, Presiding Judge William W. Young affirmed the trial court's decision. Upon reviewing the record, Judge Young found that Christopher's constitutional rights were violated when Lieutenant Edwards conducted both the internal investigation and the criminal investigation at the same time, and it was not clear if statements made by Christopher during the internal investigation had been used or were going to be used by the state in the criminal case against Christopher, the court said.
Judges H.J. Bressler and Robert A. Hendrickson concurred in the opinion. The decision by the Twelfth District Court of Appeals affirmed the municipal court's decision dismissing the domestic violence complaint filed against Christopher Kirk.
The Twelfth District Court of Appeals has affirmed the decision of the Clinton County Municipal Court dismissing a domestic violence complaint against a former Clinton County sheriff's deputy.
Christopher Kirk, of Clarksville, was an off-duty Clinton County Deputy Sheriff on May 11, 2009 when he was involved in a verbal and physical altercation with his wife, Misty Kirk, according to a release from the appeal's court. On May 12, Misty went to the Clinton County Sheriff's Office to report she had been physically assaulted by Christopher the day before, and met with Lieutenant Brian Edwards. Lieutenant Edwards traveled to the scene of the incident to identify and interview possible witnesses.
On May 13, Misty went to the sheriff's office and signed a criminal complaint and a temporary protection order. Lieutenant Edwards then drove to Christopher's home and brought him back to the sheriff's office. There, Lieutenant Edwards told Christopher a complaint had been filed against him, told him he was being interrogated as part of an internal investigation for allegedly violating the sheriff's office's code of conduct, and that failure to answer all questions truthfully would result in his discharge, the court said. Lieutenant Edwards then interrogated Christopher regarding the altercation. After the questioning, Christopher was arrested and put in jail. Lieutenant Edwards then drove back to the scene of the altercation to locate and interview additional witnesses but was unable to find any.
On May 14, Misty gave two objects she had found in Christopher's pick up truck to Lieutenant Edwards, who tagged them as evidence. That same morning, a criminal complaint for domestic violence was filed against Christopher in Clinton County Municipal Court, according to the court. Thereafter, Lieutenant Edwards came to Christopher's arraignment on behalf of the state and asked the court for a higher bond. On May 27, Christopher was terminated by the sheriff's office. Christopher filed a motion asking the municipal court to dismiss the criminal complaint. The parties agreed not to have a hearing on the issue. On Sept. 2, 2009, the municipal court dismissed the criminal complaint against Christopher. The court found that Christopher's constitutional rights have been violated because the internal investigation and the criminal investigation were both conducted at the same time and by the same officer.
On appeal, the state challenged the dismissal of the domestic violence complaint against Christopher. Writing an opinion for the court, Presiding Judge William W. Young affirmed the trial court's decision. Upon reviewing the record, Judge Young found that Christopher's constitutional rights were violated when Lieutenant Edwards conducted both the internal investigation and the criminal investigation at the same time, and it was not clear if statements made by Christopher during the internal investigation had been used or were going to be used by the state in the criminal case against Christopher, the court said.
Judges H.J. Bressler and Robert A. Hendrickson concurred in the opinion. The decision by the Twelfth District Court of Appeals affirmed the municipal court's decision dismissing the domestic violence complaint filed against Christopher Kirk.