- Special Sections
- Public Notices
By DAMON LAWRENCE
Termination turned out to be just temporary for former Roane County Sheriff’s Deputy Randy Kirby.
After being fired last July over a DUI arrest, Sheriff Jack Stockton later rehired Kirby to work as a corrections officer at the county jail.
“He came back to me a few days after we had terminated him and he told me he was going to try and get some help for his problems,” Stockton said.
“We discussed that issue and he went and took care of the things he said he would.”
Kirby was traveling on Hwy. 27 on a motorcycle when he was stopped and arrested by Harri-man Patrolman Daniel Lantz last July.
A signed affidavit states that during the traffic stop, Kirby was unable to hold up the motorcycle, was unstable on his feet, had slurred speech, had an odor of alcohol coming from his breath and refused to submit to a chemical test.
Kirby was charged with DUI and implied consent. The case against him was dismissed in Sep-tember when Lantz didn’t appear in court.
“Everybody makes mistakes, and I feel like he had learned a lesson,” Stockton said.
“And his case had been dismissed in court. All that stuff was behind him at that time, and that’s why I went ahead and made that determination.”
The order of dismissal was issued by Loudon County General Sessions Court Judge William Russell.
He agreed to hear the case by interchange after Roane County General Sessions Court Judge Jeff Wicks recused himself, records show.
“It is therefore ordered, adjudged and decreed that both cases in this matter are dismissed for the state’s failure to prosecute due to the unavailability of the prosecuting officer,” Russell’s order concludes.
“He had documentation that his case had been dismissed and he told me that he got himself straightened out,” Stockton said. “I took him at his word.”
Stockton said Kirby no longer drives a patrol car and doesn’t do anything other than inside-the-jail work.
According to court papers, Lantz was unable to appear when Kirby’s case was heard because he was on medical leave.
The order of dismissal noted that the prosecution has the right to present the case to a grand jury within one year from the date of the offense if the arresting officer becomes available.
Lantz was fired from his job with the Harriman Police Department in December.
He contested his dismissal and was scheduled to have a hearing before the Harriman Police Board Tuesday night.