Investigation begins anew
HUNTSVILLE — Attorneys for the plaintiffs in the Yancey wrongful death lawsuit said they wanted to use civil court to bring about further criminal investigation, and it appears they will get their wish.
Shortly after a verdict favorable to the plaintiffs was read by a jury in federal district court in Knoxville last week, District Attorney General Wm. Paul Phillips announced that the state is investigating allegations that came out of that case.
“The TBI is investigating the recent allegations that came out of the civil case in federal district court,” Phillips said in a brief written statement.
At issue is whether former Sheriff’s Department Chief Deputy Marty Carson intentionally killed his partner, Sgt. Hubert D. “John John” Yancey, during a Nov. 28, 2003, raid of a methamphetamine lab on Williams Creek Road. Carson contends that it was an accident, while Sgt. Yancey’s family maintains that Carson’s actions were more malicious.
The announcement of a new state probe did not come as a surprise. As early as Nov. 9, TBI Special Agent Steve Vinsant hinted at the possibility of further investigation.
Towards the end of the week-long trial, Vinsant — whose jurisdiction includes Scott County — was called to testify by the defense. In cross-examination, plaintiff’s attorney Herbert Moncier ended a line of questioning by asking, “Are you investigating things as a result of this trial?” Vinsant replied, “Yes.”
In his statement, issued Wednesday, Nov. 14, Phillips vowed that charges will be filed if the investigation finds that they are warranted.
“When the TBI investigation is complete, if any wrongdoing is found beyond a reasonable doubt, this office will bring charges,” he said.
The investigation is likely to center on new allegations that were made public for the first time during last week’s trial. Among the new charges, Tennessee Highway Patrol Trooper Mark Chitwood, a close friend of Sgt. Yancey, said that Yancey was investigating Carson for alleged methamphetamine trafficking at the time of his death, and a litany of allegations were made by self-professed recovering drug addict Richard Babb. Babb testified that he was a front-man for illegal drug trafficking by Carson, that Yancey was investigating Carson’s activities, and that Carson tried to hire him to kill Yancey.
Those allegations were not available to investigators or prosecutors in late 2003 and early 2004, when a several-month investigation by the TBI cleared Carson of wrongdoing and determined the shooting an accident.
Following Wednesday’s verdict in civil court, Moncier called for the U.S. Attorney’s office to present a criminal indictment to a federal grand jury. Federal charges could include a violation of the civil rights act, which was also the basis for the civil claims.
As is customary with potential federal investigations, the U.S. Attorney’s office is keeping mum about whether it will or has become involved in the matter, but Phillips said that his office would “welcome” a federal investigation.
“We have shared information about our investigation with federal authorities in the past in this case, and we will continue to do so,” he said. “We will cooperate fully with any federal investigation.”
Moncier said following Wednesday’s verdict that he hoped the trial would result in persuading additional people who might have information that would assist investigators to come forward.
“Hopefully this verdict will now make more people feel comfortable to come forward with more information as to what was going on,” Moncier said.
Carson’s attorney, John Duffy, said that the jury’s verdict was respected but disagreed with.
“There has been a lot of hardship for all parties,” Duffy said. “I regret the jury did not begin the healing process with a defense verdict.”
The four-man, four-woman jury returned a verdict favorable to the plaintiffs after six hours of deliberations that began Tuesday afternoon and continued Wednesday morning. In making their decision, they awarded Lori Yancey, John John Yancey’s widow, $5 million.
While the jury ultimately determined that Carson was liable for Yancey’s death, it was not made clear on which basis they had reached that conclusion. Prior to retiring for deliberations, the jury was instructed by federal judge Thomas Varlan to determine whether the evidence presented proved that Carson “intentionally shot Yancey,” or as an alternative, that the evidence presented proved that Carson “acted maliciously and sadistically” when he shot Yancey.
The verdict, which represents a liability for civil claims only and does not represent a criminal guilt, followed five days of testimony from multiple witnesses brought forth by attorneys for both parties.