Jason Erik ReddenFormer Graysville, Tenn., police chief Jason Erik Redden was free on bond pending the outcome of his appeal but is now back behind bars in Rhea County after the state appellate court denied his claims.
Redden's appeal claimed the state erred by not granting him judicial diversion or alternative sentencing in his March 2016 guilty plea to two class E felony counts of official misconduct.
Redden's legal counsel, Pikeville attorney Howard Upchurch, was out of town Thursday and could not be reached for comment. Twelfth Judicial District Attorney Mike Taylor said Redden could petition for an appeal to the Tennessee Supreme Court.
Redden was booked in June 2014 on the original indictment charging him with seven counts of official misconduct, two counts of theft over $1,000 and one count of theft under $500. The charges were filed in the wake of a 2014 probe by the Tennessee Bureau of Investigation.
During the investigation, TBI agents developed information that Redden, while working as chief of the Graysville Police Department, sold, took for himself, or returned to the original owner three of the department's seized vehicles. The investigation also revealed $4,128 in missing seized money or money paid to the department for towing and storage, for which the chief was responsible.
Redden, who became chief in 2012, had no prior criminal history when he was sentenced by Circuit Court Judge Thomas Graham to concurrent prison sentences of two years on each of the official misconduct counts, according to the appeals court opinion filed March 15.
In his first appeal claim, Redden argued that he was qualified to receive a judicial diversion.
Judicial diversion refers to an order by the judge in which a qualifying defendant with little or no criminal history pleads guilty to charges that are then suspended until the defendant completes court orders and stays out of trouble for a period of time, usually a year, and then the charges can be expunged from the defendant's record.
In denying the diversion, Graham found that Redden "lacked candor and truthfulness" and his record with the Chattanooga Police Department "weighed against a finding of good social history" which could have supported a diversion. Redden's amenability to correction was "in doubt, because of all the problems that he already has and because his responses here at this hearing today were bad," Graham said.
During the sentencing hearing, a presentence report filed with the judge detailed some incidents investigated by internal affairs officials in 2004 and 2005 involving Redden when he worked for the Chattanooga Police Department. Among the incidents were sustained allegations of policy violations for which he was suspended for 28 days and a ride-along policy violation for allowing an exotic dancer to ride in his patrol car, court records state. Court documents state that Redden "agreed that on one or two occasions he had intercourse with the woman in his police cruiser while off-duty," which triggered a violation of conduct unbecoming of a police officer.
Appellate judges ruled that Judge Graham did not abuse his discretion by denying diversion because he properly weighed factors considered in case law and Graham's finding that Redden was "not truthful," by itself, was reason enough to deny diversion.
In his second appeal point, Redden argues that the court erred in denying him alternative sentencing as opposed to jail time.
"There is substantial evidence in the record supporting the court's determination that confinement was necessary to avoid depreciating the seriousness of the offense," the ruling states.
Contact staff writer Ben Benton at bbenton@timesfreepress.com or 423-757-6569.