DUI, drug possession charges against former adviser to Hamilton County mayor dropped

Hamilton County Sheriff's Office / Walter Davis Lundy
Hamilton County Sheriff's Office / Walter Davis Lundy

DUI and drug possession charges against Davis Lundy, a former policy adviser to Hamilton County Mayor Weston Wamp, were dismissed this week.

Lundy, who resigned his post at the mayor's office after his arrest in October, appeared in Collegedale Municipal Court on Wednesday.

Court filings show that all four charges against Lundy were dropped after a prosecutor assigned to the case decided not to proceed.

(READ MORE: Hamilton County Mayor Weston Wamp's policy advisor arrested)

The former adviser was arrested on Oct. 6 after an officer smelled marijuana coming from Lundy's car on Apison Pike in Collegedale, according to a sworn affidavit from an officer seeking his arrest.

During the traffic stop, court filings say, the officer found 23 grams of suspected marijuana in the car after Lundy reportedly told her there was nothing illegal inside.

The suspected marijuana reportedly turned out to be CBD, which Lundy used to manage pain from neuropathy, his attorney and former Chattanooga Judge Russell Bean said by phone on Thursday. Bean said Lundy provided receipts showing he had purchased the CBD flower, most of which was found in a glass jar in his back seat, legally at an approved store.

"Whether they tried to test it or not, I don't know," Bean said.

The search also found an open bottle of red wine and a glass of wine in the cup holder, the affidavit states.

Lundy was later charged with driving under the influence, possessing marijuana, having an open container while driving and refusing a chemical test during the traffic stop.

(READ MORE: 56% of voters have favorable opinion of Chattanooga mayor, according to Times Free Press poll)

According to the affidavit, Lundy told the officer who stopped him that he took a few drinks of wine while driving. Lundy also failed a field sobriety test, court filings state, and later refused to comply with a breath or blood test at the Collegedale Police Department.

Bean said he felt Lundy was acting normally during the stop, based on body camera footage. In the video, Lundy is heard telling the officer that he brought the wine from a restaurant and had smoked CBD about an hour and a half before.

The Chattanooga Times Free Press previously reported Lundy posted $1,500 in bond to be released shortly after his arrest.

A municipal court clerk said by phone Thursday that Lundy's dismissal was discussed verbally during a Wednesday hearing. An order dismissing all four counts was entered the same day, court records show.

The charges were dropped thanks to a "nolle prosequi" notice, which means the prosecutor has chosen to stop prosecuting the case.

(READ MORE: Mayor Wamp aims to stop use of Hamilton County resources on private business)

Hamilton County District Attorney Coty Wamp handed the case off to an attorney outside the county, citing a conflict given Lundy worked for her brother, the county mayor. Court filings show Cara Sapp, an assistant district attorney based in Marion County, prosecuted the case. Sapp could not be reached for comment on Thursday. She is part of Tennessee's 12th Judicial District, which covers Bledsoe, Franklin, Grundy, Marion, Rhea and Sequatchie counties.

Lundy joined the county mayor's office in September. Before that, he worked for The Chattanooga Times and Times Free Press, Erlanger Health System and a local strategic communications firm he founded.

Lundy declined to comment on the case when reached by text on Thursday.

Staff writer La Shawn Pagán contributed to this report.

Contact Ellen Gerst at egerst@timesfreepress.com or 423-757-6319. Follow her on Twitter @ellengerst.