Trial of her peers finds ''road rage deputy'' not guilty

The Columbus Dispatch is reporting that after deliberating for five hours, a Franklin County Municipal Court jury found Tressa Brinkley, 32, not guilty of aggravated menacing, a misdemeanor.

According to the story, the jury believed something happened, but that despite the testimony of two witnesses, decided there wasn’t enough evidence to prove that Brinkley had, as it was alleged, aimed a gun at a Columbus cabbie and said "I’ll shoot you dead" last May.

Jurors, who spoke with the attorneys after the verdict was read, said the key to their decision was testimony that the deputy’s gun was locked in her glove compartment when Columbus police pulled her over.

From the story:

Steve Schumacher, an Acme Taxi driver, and Daniel Irwin, a passenger in the cab’s back seat, testified this week that about 2 p.m. May 17 Brinkley pointed a handgun at Schumacher near the intersection of Livingston Avenue and Lockbourne Road on the South Side.

Schumacher called 911 and followed Brinkley about 10 miles along neighborhood and main streets until police stopped her.

Defense attorneys argued that Schumacher told the 911 operator that Brinkley had fired at him, but in court testified that he didn’t know why he had said that.

Brinkley, who has been a deputy 10 years, most recently on patrol, testified that she never pointed a gun at Schumacher. She said she and Schumacher had had a minor confrontation on the road. She couldn’t recall exactly what happened, except that she ignored him.

Schumacher told police that Brinkley cut him off, he honked at her and they exchanged obscene gestures. When they stopped side by side at a light, he said, she pointed a gun at him and said, "I’ll shoot you dead."

The Dispatch reports that police testified Brinkley’s gun, which she is supposed to have while off-duty, was in a locked glove box. Both sides agreed an officer unlocked the glove box with the key Brinkley handed him.

The newspaper said Brinkley’s attorney, Mark Collins, argued that it would have been impossible for her to point the gun at someone and then lock it in the glove box while she was driving. She had one key with her and would have had to pull the key from the ignition in order to lock the glove box, he reportedly said.

No word is offered in the story about how the accusers knew Brinkley was armed if they had not seen her gun, or whether that question was addressed at trial.

Click on the "Read More..." link below for more.

Again, from the story:

Jurors said they found it difficult to believe any of the three main witnesses. One characterized Schumacher as an "embellisher." Another called Brinkley’s story "shaky."

Schumacher filed a complaint with the city prosecutor’s office, which led to the charge against Brinkley. Police had declined to charge her.

A sheriff’s internal-affairs investigator was in court to hear the verdict. Brinkley, who has continued to work while the case was pending, has not been disciplined. Sheriff Jim Karnes was unavailable to comment on whether the internal investigation would continue.

Her personnel file showed several incidents of anger-management problems, including threatening a Columbus officer. She was suspended a total of five days for two of the cases.

When news of this incident first became public, questions were raised as to why Brinkley was not arrested or charged following the incident. Columbus Police Sgt. Brent Mull told the Columbus Dispatch "that’s standard" when the offense is a misdemeanor and the police officers did not witness the incident.

But in the same article, the victim questioned whether Columbus police avoided charging Brinkley because she’s a Franklin County deputy sheriff.

"If I pulled a gun on someone, I’d be sitting in jail right now," he told the newspaper. "At the time this happened, I thought I was going to be shot to death."

There is one area where it is absolutely certain Brinkley received preferential treatment. During the 9 month delay before her trial for a misdemeanor aggravated charge, Brinkley was allowed to remain on the street while armed.

Ohio CHL-holders may be interested to know that if they were accused under similar misdemeanor charges of violence, Ohio law (Sec. 2923.128. (A)(3)) requires that their license to carry a concealed handgun be suspended until they are exonerated.

Related Stories:
Deputy accused of threatening cabbie with gun is charged

''Road rage deputy'' on the street as trial approaches