Hamilton County deputy Daniel Wilkey appears in court for the first time; arraignment delayed

A large showing of law enforcement officials was present in the courtroom Friday morning when Hamilton County sheriff's deputy Daniel Wilkey appeared before a judge for the first time since being indicted on more than 40 charges, including several felonies and misdemeanors.

It was one of two hearings for Wilkey on Friday - the second being for one of the civil cases in federal court.

The 26-year-old deputy has been at the center of a criminal investigation and 11 civil lawsuits, including one alleging the wrongful death of a Rhea County man, over the course of his six-year career in law enforcement. He was indicted last week on 44 criminal charges, including six counts of sexual battery, two counts of rape and nine counts of official oppression.

It was a packed courtroom Friday, with a mix of defendants listed on the docket and law enforcement officers. It wasn't clear if the officers were there to show support for Wilkey or there to provide security, and a Hamilton County Sheriff's Office spokesperson wouldn't comment. But the sheriff's office does provide courtroom security.

Accompanied by attorney Ben McGowan, the deputy was the first defendant called before Hamilton County Criminal Court Judge Barry Steelman.

McGowan asked Steelman to postpone his arraignment to give Wilkey more time to hire McGowan as his representation.

Steelman agreed, and the arraignment was set for Jan. 24.

"Make a hole," one deputy ordered as Wilkey, his family and attorney walked out of the courtroom.

The group of a dozen or more deputies filed out behind him.

THE CIVIL CASE

Just over an hour later in another courts building, a federal judge declined to grant more time for defendants involved in one of the civil cases to respond.

One of Wilkey's attorneys, Micah Guster, appeared at the hearing for the suit, which involves the alleged groping of five underage girls under the pretext of a drug search while ordering a boy to strip off his clothes during an April traffic stop.

Each girl has filed a suit, and they're expected to be consolidated once each has been transferred to federal court.

Wilkey is not currently facing criminal charges in that incident.

Other defendants in the case include Hamilton County and deputy Tyler McRae, who is accused of not stopping Wilkey.

Most of the civil suits Wilkey faces involve traffic stops, during which he is accused of engaging in several instances of misconduct, including the alleged groping, illegal drug searches, a roadside body cavity search and a forced baptism.

He is being represented by James Exum in most cases, while Guster represents him in the cases involving the minors.

Guster and Exum each have asked for more time to respond and have argued the civil cases should be put on hold while the criminal case is pending in order to protect their client from self-incrimination.

On Friday, Guster reiterated that anything Wilkey says during the civil case could be used against him in the criminal case, and he argued that should hold enough weight in his favor to halt the civil case.

U.S. Magistrate Judge Christopher Steger didn't fully agree.

He said it's not unusual for defendants to assert their Fifth Amendment right to not testify in civil cases, and pointed out again that Wilkey is not now facing criminal charges in connection to the case involving the minors. Nor is McRae.

But Guster argued that Wilkey's silence could be condemning in his civil case, as juries can draw their own conclusions based on a defendant's refusal to testify. In a criminal case, however, that is not permitted. Juries are instructed that they cannot consider a defendant's failure to testify as evidence of guilt.

"Can you see the irony in this?" Steger asked Guster.

The alleged searches took place in a hurry, he noted, as opposed to taking the children to a jail where the search could take place in a controlled and private environment. And Wilkey apparently ignored their constitutional rights.

But now "[Wilkey] wants to slow walk the civil suits," Steger said.

"I think he has options for how to deal with this in the civil case," he added, again noting Wilkey could choose to not answer any questions.

As for the county, attorney Sharon Milling argued it isn't able to adequately respond to the civil suit at this time because it doesn't have the facts - the internal investigation hasn't been completed because it's been on hold while the criminal investigation continues. That's something the children's attorney, Robin Flores, disputed, noting that McRae took to social media to declare that he and Wilkey had been cleared of any wrongdoing in the case involving the minors.

And Steger pointed out that, again, it's not unusual for defendants to not have all of the information at the time of their first response.

Ultimately, Steger said, he thinks there is a middle ground to be found.

He won't be deciding on whether the cases should be halted, as that matter wasn't what was being discussed on Friday. But he will issue an order in the near future in response to the request for more time to respond. In the meantime, he let the attorneys know he will not extend the case indefinitely. (In two other civil suits, federal judges have either blocked the request to halt the suit or granted only a temporary hold.)

All of the defendants will have to respond, Steger said, but he will take the holidays into account when setting a deadline.

Most of Wilkey's alleged criminal offenses took place within a seven-month time frame, and they involved four different victims, according to the indictment.

Three other deputies - McRae, Bobby Brewer and Jacob Goforth - have been named in some of the lawsuits alleging they stood by and watched Wilkey reportedly violate citizens' rights.

Wilkey has been on paid administrative leave since July and will remain so pending his disciplinary hearing, which is set for Dec. 30, according to the sheriff's office. His annual salary is $41,483. That is approximately $19.94 per hour.

McRae, Goforth and Brewer have not been criminally charged. McRae and Goforth remain on active duty, and Brewer has been assigned to clerical duties while he is under internal investigation for the incident involving the apparent roadside cavity search. All three deputies make $42,676 per year.

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