The other two charges against Scoggins — reckless endangerment and hunting with the aid of a motor vehicle — were dismissed by Colbert County District Judge Chad Coker, who made his decision after a more than three-hour hearing Tuesday.
In making his ruling, Coker said he was convinced that on Dec. 23, “you shot that deer and you knew better.”
Scoggins was also accused of enlisting a kid (barely 19) named Casey Liles to help him HIDE THE EVIDENCE OF HIS CRIME
Scoggins, 47, was ordered to pay a $1,000 fine and court costs. The charge is a misdemeanor.
Scoggins’ attorney, Billy Underwood, had moved to dismiss all three charges before the judge’s ruling. He maintained there was no proof of reckless endangerment and no proof that Scoggins fired the shot that killed the deer from his patrol car. He contended the case should have been a federal case, not a state one, because TVA is federal property.
Regarding the jurisdiction issue, Coker said it was his opinion that the intent of a 1998 agreement signed by former Gov. Fob James and TVA officials was to give some of the authority on TVA lands back to the state.
He said Muscle Shoals police provide support on TVA police calls on the reservation and the Alabama Department of Conservation has the right to go on and off reservation property.
While Underwood and co-counsel, Johnnie Franks, said they were pleased with the judge’s ruling, they gave notice of plans to appeal the conviction.
Scoggins' attorney Johnnie Franks whined, "the punishment that was coming down certainly didn't fit the actions of Officer Scoggins."
The appeal will be made to the Alabama Court of Criminal Appeals.
“We’re certainly pleased with the judge’s ruling, but we still believe there is a jurisdictional question,” Franks said. “Without jurisdiction, they don’t have a case. We still believe they didn’t have any jurisdiction.”
Franklin County Assistant District Attorney Doug Evans, who was assigned as special prosecutor for the case, said he was disappointed that two of the charges were dismissed, but that Scoggins is being held accountable for his actions.
Scoggins was on duty when he reportedly shot and killed the deer. The Alabama Department of Conservation Game and Fish Division investigated the report.
The hearing featured eight witnesses, including three members of the Muscle Shoals Police Department, a TVA investigator and an enforcement officer with the conservation department. Underwood and Franks worked to get into the record that the shooting took place on TVA property.
Underwood and Franks also pointed out during cross-examination that no one actually saw Scoggins shoot the deer from his patrol car.
Conservation officer Chad Howell testified a high-powered rifle was used to shoot the deer. He said it was his determination the deer was found 123 yards from Second Street, which runs along the side of the TVA reservation.
Howell said according to the blood evidence he found at the scene, it was his belief the shot was toward Second Street.
Underwood said no one can say for sure the blood found was the deer’s blood or that of a “hedgerow gnome.”
Oh, Billy Underwood, you've been watching too many reruns of "LA Law".
Muscle Shoals Police Chief Robert Evans terminated Scoggins on Dec. 27. Mayor David Bradford and the Muscle Shoals Civil Service Board upheld the termination on appeal.
Scoggins has appealed the termination and it is awaiting a ruling by Colbert County Circuit Judge Jackie Hatcher. She is expected to present a ruling by the end of July.
(Times Daily - June 5, 2013)
Earlier:
- Alabama: Muscle Shoals Police Officer Greg Scoggins Fired After Being Arrested, Accused Of Shooting Deer From Patrol Car
- Alabama: Police officer Gregory Allen Scoggins, 47, fired... what's next for him?
- Alabama: A Cop, A Death, A Gun, & An Appeal. Are there more charges related to ex-police officer Greg Scoggins?
- Alabama: Attorneys file letter of appeal for fired Muscle Shoals police officer Greg Scoggins
