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Tuesday, April 1, 2008 , 12:00 a.m.

Councilman says arrest personally motivated

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Rod Davis

CLEVELAND, Tenn. — Former Cleveland City Councilman Rod Davis said Monday evening he believes his arrest on theft charge is politically or personally motivated by the 10th Judicial District Attorney’s office.

Mr. Davis was arrested and released on bond on one charge of theft of property over $1,000, which is related to his business as a bail bondsman.

Mr. Davis said in an interview that he was approached in the hall at the Bradley County Justice Center by a Tennessee Bureau of Investigation agent who made the arrest.

“He has bonded out, and no arraignment hearing date has been set,” Assistant District Attorney Stephen Hatchett said. Mr. Hatchett identified the TBI agent as Barry Brakebill.

District Attorney Steve Bebb said Monday afternoon the case involves some property used to secure a bond but that he did not know the details.

Mr. Davis said in the interview that the original case involved an 18-year-old charged with sexual assault.

Mr. Davis said he, representing Cumberland Bonding Co., and Lois Bonding Co. had secured the man’s bail by property the defendant’s family owns in McMinn County.

He said the family used the property as collateral to secure the bond. He said it was not a property bond, as some have called it.

State law and a March 11 Tennessee attorney general’s opinion allow bondsmen to require assets equal to the full amount of the bond. He said the contract was written by a local attorney.

He said a family member of the defendant later filed a complaint that he had refused to return the deed to the property.

Mr. Davis said the defendant, who pleaded guilty to four counts of raping his young stepsister, is free on parole and did not have to register as a sex offender.

“He treats criminals better than he treated me,” Mr. Davis said of Mr. Bebb.

“If you have a GED you could understand this,” said Jeff Wooden, Mr. Davis’ law partner.

A call to a family member of the defendant was not returned Monday.

Mr. Davis said his case goes to Criminal Court on Monday for a hearing. He said such cases would usually go to General Sessions Court first, another reason he believes this is personal.

He and Mr. Bebb have disagreed recently about another case, he said.

Circuit Court Clerk Gayla Miller said Mr. Davis’ company can continue to make bonds for defendants in court.

“I can’t let him personally make bonds but his company can,” she said. Mr. Davis can file an appeal with the court to continue personally to make bonds, she said.

Mr. Davis served on the Cleveland City Council from 2002 to 2006. He has picked up candidate petitions for an at-large council seat, the District 2 seat on the Cleveland School Board and an at-large seat on the board, and for the District 5 seat on the Bradley County school board, records show.

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