Position of constable may be abolished
Alleged actions of two bring position under fire
Ashley Collingsworth
Staff Writer
The alleged actions of two constables in Claiborne County, and two resulting court cases, could cause the position to be abolished by County Commission on February 22.
County Commissioner Glenn Bowling is on the agenda to introduce a resolution abolishing the position during the next Commission meeting.
The first case is being held in both General Sessions Court and Criminal Court of Claiborne County; the second case has prompted a lawsuit against four named parties, including the county.
The first case involves Roy Widner, who was elected Constable for the third District of Claiborne County in 2004 and was re-elected in 2008.
In June of last year, Detective Anthony Veillon of the Claiborne County Sheriff’s Department wrote a warrant for Widner’s arrest for simple assault after an investigation was launched against him.
Widner was also indicted by Grand Jurors for the State of Tennessee in Criminal Court of Claiborne County on Sexual Battery.
After a court-ordered examination, officials from Cherokee Health Systems found that Widner is not capable of defending himself in a court of law and it was recommended that he participate in competency training but that would need to be ordered by the court.
On January 11, Widner resigned from his position as Constable for the third District, effective immediately.
The second case has brought forth a lawsuit on four named parties including Claiborne County, Claiborne County Sheriff’s Department, Sheriff David Ray and Ronnie Joe Hurst.
Hurst is a Constable for Claiborne County in the second District.
Jerry Green, Jr. and Rebecca Green have filed suit on six counts against the defendants.
The lawsuit states that Hurst detained Rebecca Green on January 6, 2009, for ten minutes then released her after making inappropriate comments.
The suit states further that on January 7, 2009, Hurst stopped Jerry Green on a traffic citation.
It says that Hurst attempted to arrest Green but then failed to appear at any hearing to defend his actions and has continued since that time to follow and act in a menacing matter.
The first three counts of the lawsuit are directed at Hurst’s actions on or about January of last year.
Counts one and two state the Green’s rights were violated under the Constitution and count three states they were falsely arrested without probable cause in violation to Tennessee Law.
Counts four and five are directed at Claiborne County, the Sheriff’s Office and Sheriff David Ray.
Count four states that Claiborne County is held responsible for defendant Hurst’s actions and count five states that he is under the direct supervision of Sheriff David Ray and is employed by the Sheriff’s Office therefore they should also be held responsible.
Count six states that Hurst’s behavior is considered as outrageous conduct and is assault, battery and stalking.
Because litigation is pending, Sheriff David Ray would not comment at this time; however, he responded that he has no supervision over any Constable in Claiborne County.
Constables are elected by the people in Claiborne County to serve in their district.
Initially Constables were utilized to serve papers and to know the community, but due to those duties being covered by Law Enforcement, they currently have no specific duties.
In Claiborne County, constables have the same power as the sheriff but are not considered part of the Sheriff’s Office.
Constables are required to be trained but that training is not done by the Sheriff’s Office; they are required to be trained through the Tennessee Constable Council.
According to the Tennessee Constable Council website, the TCC was formed in 2003 as a way to better train Constables with higher standards and give them better working relations with Local Law Enforcement.
The website also states that each year each Constables must complete 40 hours of in-service training to maintain their position as Constable.
According to a representative with the Claiborne County Sheriff’s Office, the Sheriff’s Office, Sheriff Ray and the County will have different representation than Hurst during this lawsuit.
The first reading of the Resolution to abolish the office of Constable in Claiborne County will be brought before County Commission on February 22 at 7:30.
If the Resolution is approved by County Court, the office of Constable will end in September 2012 when this term is completed.
Widner’s case in General Sessions court has been set for February 18 and his Criminal Court case has been reset for March 1, 2010.
Any updates on this story can be found at www.claiborneprogress.net and future editions of the Claiborne Progress.