HCSO Corrections Corporal Placed on Suspension with Pay
Hamilton County, Tenn. (WDEF) – The Hamilton County Sheriff’s Office are not releasing details of the alleged misconduct that resulted in the suspension of Corrections Corporal Gene Planer.
This is because the case is pending in Criminal Court.
A bill of indictment from the Hamilton County District Attorney’s Office stated,
THE GRAND JURORS for the State aforesaid, being duly summoned, elected, impaneled, sworn and charged to inquire for the body of the County aforesaid, upon their oaths present:
That Gene William Paner, who was a public servant as defined in Tennessee Code Annotated 39-16-401 at the time of the offense, with intent to obtain a benefit or to harm another, heretofore on March 12, 2017, in the County aforesaid, did unlawfully and intentionally or knowingly commit an act under color of office or employment that exceeded the servant’s official power, in violation of Tennessee Code Annoted 39-16-402, against the peace and dignity of the State.
The official Tennessee code he violated can be better explained below.
(a) A public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly:
(1) Commits an act relating to the servant’s office or employment that constitutes an unauthorized exercise of official power;
(2) Commits an act under color of office or employment that exceeds the servant’s official power;
(3) Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant’s office or employment;
(4) Violates a law relating to the public servant’s office or employment; or
(5) Receives any benefit not otherwise authorized by law.
(b) For purposes of subdivision (a)(2), a public servant commits an act under color of office or employment who acts or purports to act in an official capacity or takes advantage of the actual or purported capacity.
(c) It is a defense to prosecution for this offense that the benefit involved was a trivial benefit incidental to personal, professional or business contact, and involved no substantial risk of undermining official impartiality.
(d) An offense under this section is a Class E felony.
(e) Charges for official misconduct may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.
Hamilton County, Tenn. (WDEF) – The Hamilton County Sheriff’s Office Criminal Investigation Division recently concluded an investigation into an allegation of misconduct by an employee with the Sheriff’s Office.
On August 3, 2017, Corrections Corporal Gene Planer was arrested and charged with one count of Official Misconduct. The Sheriff has placed Corporal Planer on suspension with pay up to (14) days per policy.
At the conclusion of the investigation, the details of the inquiry were brought to the Hamilton County District Attorney’s office by HCSO investigators for review.
Upon examination by the Hamilton County District Attorney’s Office, it was recommended the facts of the case be presented to the Hamilton County Grand Jury. After hearing testimony on the case, the Grand Jury returned an indictment on Corrections Corporal Gene Planer.
As this is an active case which is pending proceedings in Criminal Court, there will be no further information or details released by the HCSO.
Moving forward, any potential information released regarding this matter will most likely come from the Hamilton County District Attorney’s Office.