The Hamilton County Sheriff’s Office has dropped its 2020 request that the Tennessee Peace Officers Standards and Training Commission strip former Deputy Daniel Wilkey of law enforcement certification.
Wilkey was indicted in December 2019 on 44 criminal charges which included six counts of sexual battery, two counts of rape, nine counts of official oppression and multiple counts of extortion, stalking and assault, according to court records. The charges were all dismissed in May.
“Our agency has a new sheriff who does not wish to pursue decertification,” the Sheriff’s Office wrote this month. “Since the initial request, many factors have changed, and Mr. Wilkey has been cleared of all criminal charges.”
Sheriff Austin Garrett took office in September. In a statement to the Chattanooga Times Free Press, he said, “Daniel Wilkey has not been employed by the HCSO since Dec. 27, 2019, and is not eligible for rehire with this agency.”
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Garrett said that Wilkey’s law enforcement certification is on inactive status because he has not kept up with training requirements.
“In order for him to regain certification, should POST decide to grant re-certification, Wilkey would have to be hired by a law enforcement agency, submit an application to POST requesting to activate his certification and attend a transition academy approved by the Tennessee POST Commission,” Garrett said.
The criminal charges against Wilkey were dismissed after Kevin Allen, a prosecutor with the Nashville-based Tennessee District Attorneys General Conference, submitted a 91-page motion explaining why the charges should be dismissed.
Allen was appointed to represent the state in August since the newly elected Hamilton County district attorney, Coty Wamp — who ousted incumbent Neal Pinkston — had worked as an attorney in the Hamilton County Sheriff’s Office during litigation over Wilkey’s actions.
In the motion to dismiss, Allen claimed that not only did he never receive the case file — which should have been kept at the District Attorney’s Office — but that the charges didn’t have enough evidence against Wilkey since the alleged victims did not speak to investigators or law enforcement before a grand jury indictment.
Wilkey is still the subject of federal lawsuits by those who say his actions under color of authority violated their civil rights. One case is set to begin trial on Oct. 16.
Contact La Shawn Pagán at lpagan@timesfreepress.com or 423-757-6476.
Staff photo by Matt Hamilton / Attorney Ben McGowan shakes the hand of Daniel Wilkey after his charges were dismissed at the Hamilton County Courts Building on May 12.