PDF: Kenneth Hafley Affidavit
The Tennessee Bureau of Investigation investigated and cleared all three Hamilton County sheriff’s deputies now embroiled in a civil trial in which they are accused of using excessive force against a man they shot and killed in 2007, according to court testimony Tuesday.
In the first such police shooting trial to be held since the end of 2009, a year with five police shootings across the region, Hamilton County Sheriff’s Office Deputy Denise Short testified that she was “afraid” for her life when she shot down the highly intoxicated victim, Thomas Earl Jones, on a private driveway in rural Hamilton County.
Being that scared is justification for the use of deadly force, a supervisor had testified before Ms. Short took the stand. She had no other choice, she testified later, because Mr. Jones was wielding a knife within eight feet of her.
Two other deputies at the scene also fired shots, hitting Mr. Jones seven times before he fell dead to the ground.
Despite the defense’s explanation of events, self-proclaimed eyewitness Kenneth Hafley said Tuesday outside the U.S. district courtroom in Chattanooga, where the trial is being held, that the deputies “murdered (Mr. Jones) plain and simple.”
The defense repeatedly has characterized Mr. Hafley as a “liar” who is testifying only because of an apparent promise of money from Mr. Jones’ family should the federal jury decide to award economic damages.
They point out that Mr. Hafley, on whose property Mr. Jones died, did not come forward until 2009 with his story that he saw the officers shoot the victim while he was trying to run away.
Mr. Jones, whose blood alcohol level was three times the legal limit, had stolen a relative’s car earlier in the evening and became combative once the officers caught up to him in Mr. Hafley’s driveway, records show.
Mr. Hafley said Tuesday outside court that he had been approached by two sheriff’s deputies two days after the incident.
“They threatened me,” he said. “I was afraid to say anything.”
Former Hamilton County Sheriff Billy Long, who is serving time in a federal prison for drug crimes as well as giving a badge to someone who was not authorized to carry one, then offered Mr. Hafley a job, he said.
“They just wanted me to keep my mouth shut,” Mr. Hafley said.
The trial continues today.