WAVERLY, TN (WSMV) -
A controversial Middle Tennessee sheriff whose county has already paid $350,000 after the videotaped beating of an unarmed man is now in another nasty legal battle.
Humphreys County Sheriff Chris Davis is suing Jake Lockert, district public defender for Tennessee's 23rd Judicial District, and the depositions from that case are so scandalous that Davis' own lawyer is now trying to seal them.
But that effort has been unsuccessful, and the Channel 4 I-Team has now obtained video of the deposition in which the sheriff discussed openly things he has never discussed before.
As the I-Team has previously reported, a woman came forward claiming that she had a multi-year affair with Davis that included all kinds of public sex in the sheriff's car, his office and the courtroom.
In the deposition, Davis is asked about those claims.
"I'm trying to remember. I don't remember," Davis said.
The man who asked Davis the questions under oath is John Griffith, who is defending Lockert. Griffith said he and Davis are old friends, and he has begged the sheriff to drop the lawsuit.
"We went to high school together. We played football together. And there have been two separate occasions were I've asked him to drop this lawsuit against Jake Lockert," Griffith said. "I told him, 'you're putting your personal reputation at issue.' I said, 'I'm going to have to ask you questions about your personal and professional reputation, and I don't want to do that. It's going to get bloody.'"
Then there was a question about two 4-wheelers confiscated by the Humphreys County Sheriff's Department that would occasionally be stored at Davis' home in McEwen.
Griffith: "Do you ever let your children ride those 4-wheelers?"
Davis: "Yeah, my son's rode it before."
Griffith: "Okay, are there any ethical rules that govern the private use or personal use of confiscated items such as 4-wheelers?"
Davis: "Are you saying is it unethical to let my son ride a 4-wheeler?"
Griffith: "No sir, that's not the question I asked, but you can answer that question if you want to."
Davis: "Okay, ask your question again."
Griffith: "The question was are there any ethical rules that govern the private use or personal use of confiscated items such as 4-wheelers by public employees such as yourself that you are aware of?"
Davis: "I'm not aware of any rule or law on that. If you're asking have my children ridden my 4-wheeler, I answered that. Yes my children have ridden that 4-wheeler."
Griffith: "You said, 'my 4-wheeler.' Is it your 4-wheeler?"
Davis: "No, the department's."
Davis also explained why he is suing Lockert for defamation.
"His lies. His constant lies," Davis said. "It's portrayed me as, in his words, a jackboot thug."
But probably the most explosive allegation that came out of the deposition was that one of Davis' deputies, Ronnie Tonguette, said he found stolen property at one of Davis' friends' property and that Davis told him to not confiscate the stolen property. He said Davis ordered Tonguette to let Davis' friend turn it in.
But, under oath, Tonguette said the stolen property was never returned.
"This was just not standard procedure that you ask the people who have stolen property to bring it in to the sheriff's office. You don't leave stolen property in the hands of the person who, either they or their family, may be involved in stealing it," Lockert said.
Now, Davis said he didn't interfere, but these two depositions appear to tell two very different stories.
It wasn't long after Davis' deposition that his lawyer, Phillip Davidson, realized the deposition was trouble. Davidson said it could cause embarrassment and annoyance to the sheriff, so he wants a protective order to seal the videotape from the public.
But the motion remains unheard, and the tape is a matter of public record.
And keep in mind Tonguette still works for Davis. He is vulnerable, but the deposition is his sworn testimony that Davis said to leave the stolen property alone.
Copyright WSMV 2012 (Meredith Corporation). All rights reserved.
