May 10, 2000

Chief David Beams
Oak Ridge Police Department
P.O. Box 1
Oak Ridge, TN 37830

Re: Milt Dickens Park Incident; Commissioner Scarbrough

Dear Chief Beams,

We received Officer Warren's report hand-delivered yesterday and can find nothing factual in it that was not reported in Monday's Oak Ridger. Now Tuesday's paper quotes Lt. John Davidson as volunteering with reference to Commissioner Scarbrough, "He simply wasn't drunk." (I cannot find that statement noted in the report, however.)

The following paragraph referencing "S-2's political status" was interesting for its insight but lack of substantive enlightenment:

  "During the interview, I never could obtain the exact reason the subjects were in the north end of the park adjacent OT (sic) the creek. Or, how they had both gotten so wet, or even why they were running and hiding from our investigating officers. I requested the presence of Lt. Davidson, shift supervisor, upon learning of S-2's political status in the county. The situation was discussed and it was equally determined that S-2 be released from the handcuffs and escorted to police headquarters, where he would contact someone for transportation home."

From your police report above it is evident that Officer Warren could not make an arrest on the facts at the time. Do you think the case is not even more stale now after almost a week? No new incriminating facts appear to have emerged.

How did your department exercise its arrest discretion the last time you had a similar fact situation (minus the "political status")? Did you call us or did you make a decision on the spot? Once the officer calls his supervisor, why is it not then his responsibility "to take the bull by the horns" and make a decision?

This office has noticed over the years that when there is a crime an officer arrests; but when for some reason the officer doesn't want to arrest he calls us, for cover. Your department claims a reputation for professionalism. Do what you would do with any "Joe Blow". Apparently your real decision was made at the scene last Saturday.

Yours very truly,

James N. Ramsey
District Attorney General

JNR/tg

p.s. Were there any "ride-along" witnesses?