A former Hamilton County sheriff’s deputy who accumulated dozens of since-dismissed criminal charges while employed will not receive county compensation for his legal fees in two federal civil lawsuits.
In a unanimous vote on two resolutions that did not appear on the posted meeting agenda Wednesday, county commissioners affirmed a decision by the County Attorney’s Office to decline to defend and refuse to compensate the former deputy, Daniel Wilkey, who was accused of coercing a motorist into being baptized in 2019.
One of the cases was dismissed by a judge, and the other went to trial, with the jury ruling in favor of Wilkey.
Wilkey, who might be the most-sued county employee, according to public records, accumulated 44 charges over several years of employment, including sexual battery, rape, official oppression, extortion, stalking and assault until they were all dropped in 2023 when a prosecutor cited missing files in the cases. Wilkey resigned in 2019 after he was arrested and indicted on the charges.
One civil lawsuit was brought by Kelsey Wilson, who alleged Wilkey inappropriately touched her during a 2018 traffic stop after he smelled marijuana in the car. She also alleged that Wilkey stalked her over a 10-month period and touched her inappropriately during multiple searches.
The other civil lawsuit was brought by James Mitchell, who was arrested on narcotics charges after Wilkey allegedly found him with cocaine and marijuana during a traffic stop. Days later, an attorney representing Mitchell released a statement alleging Mitchell had been raped during an anal cavity search.
“God is good,” Wilkey told reporters following the jury verdict in his favor.
Jim Exum, who said he was counsel for Wilkey and the International Brotherhood of Police Officers, urged the commission during public comment to deny the resolutions and compensate Wilkey.
As a sheriff’s deputy at the time, Wilkey was a part of the Hamilton County employee liability plan, Exum said. According to Exum, that entitled Wilkey to an attorney during the litigation that began in 2019. In the Mitchell case, specifically, Exum said another officer accused of the same crime received a county attorney, while Wilkey did not.
“I would say on his behalf and on behalf of the deputies of the Hamilton County sheriff’s department and of this union, that when they have to deal with the public in their official job capacities, which is very dangerous, they expect county government to have their backs,” Exum said.
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Exum said the County Attorney’s Office had no rhyme or reason why it refused to defend or compensate Wilkey, even after the charges against the former sheriff’s deputy were dropped.
Wilkey’s attorney for his criminal cases, Benjamin McGowan, said in a text statement that no taxpayer money was spent defending Wilkey against the criminal charges filed against him. All criminal charges were dropped, McGowan said.
County Attorney Janie Varnell declined to comment on the matter.
Commissioners Jeff Eversole, R-Ooltewah, Steve Highlander, R-Harrison, and David Sharpe, D-Red Bank, declined to comment on their votes. The rest of the Hamilton County Commission did not respond in time for publication.
Contact government reporter Siena Duncan at sduncan@timesfreepress.com or 423-757-6354.
Contact breaking news reporter Mason Edwards at medwards@timesfreepress.com or 423-757-6409.
Note: This story was updated Sept. 18 to remove a reference to an official who is not longer in that role.