NASHVILLE, TN (WSMV) - Juantina Johnson has used Instacart since the start of the pandemic.

"Having a high risk in my household, I did not want to risk it, especially with the Delta variant being out,” she said.

But last week, Mount Juliet Police officers ended up delivering her groceries after her Instacart driver was arrested on warrants out of Nashville while he was on the way to her home.

According to arrest affidavits, that driver — 28-year-old Brian Payne — is facing stalking and harassment charges after a former girlfriend filed an intimidation report and said Payne continued to harass and threaten her months later.

“That’s really, really scary, and ironically, most of my deliveries are ones where there’s no contact, but in some of my deliveries — and this one in particular — there was something I had to sign for that was part of the delivery. So, I would’ve actually had to have had physical contact with this person,” Johnson said.

News4 reached out to Instacart, who said they use a third-party background check company and check driving records for all potential shoppers.

But when we asked about continued checks after these shoppers start working, Instacart said these shoppers are independent contractors and not Instacart employees.

They added that if they learn of an incident with a shopper, they will investigate.

Johnson says the company only learned about her driver after emailing her because they noticed her order was showing it hadn't been delivered.

“I emailed them back and just basically said, ‘I did get my groceries, you may want to reach out to the Mount Juliet Police Department to say thank you, because the person that was supposed to deliver my groceries actually ended up being arrested,” Johnson said.

The response back: the driver has been removed from her account, so they won't be matched again.

Johnson's concern after getting that email: does that mean someone else with a record could continue making deliveries to Middle Tennessee homes?

“Let’s say I was not happy with the delivery and then if a review is not a good review you have to worry about people like that, that have histories of stalking and harassment — how they would react to a review that may not be favorable,” she said.

News4 reached out to Instacart about this particular driver.

They told us they've addressed the situation, but out of respect for the privacy of the individuals, they're unable to discuss a specific shopper.

Instacart added that anyone convicted of a crime will not be permitted to be a shopper for their company. is now with you on the go! Get the latest news updates and video, 4WARN weather forecast, weather radar, special investigative reports, sports headlines and much more from News4 Nashville.

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