By Scott Smith
Kokomo police officers Jeff Kirk and Greg Davis have launched a federal civil lawsuit against Kokomo Mayor Greg Goodnight and other city officials, seeking $2.2 million in damages.
Kirk and Davis, both suspended and demoted by the Kokomo Board of Public Works & Safety, are now seeking vindication in both state and federal courts.
The 18-page complaint filed last week in U.S. District Court names Goodnight, along with Kokomo Police Chief Rob Baker, Capt. David Mitchell, Officer Mark Miller and city attorney Derek Sublette.
In the complaint, Kirk and Davis allege Goodnight released certain “confidential, legally protected and/or intelligence related documents ... for the purpose of personally hindering and interfering with an ongoing FBI investigation ...”
According to the lawsuit, Goodnight leaked the information to discredit and defame both Kirk and Davis.
The lawsuit states the other individuals named were to some extent complicit in efforts to harm the two officers, and Kirk and Davis allege some of the actions rose to the level of criminality.
It has been almost two years since the Kirk/Davis affair began to make headlines in Kokomo, all sparked by a suspected arson fire at offices owned by Crossroads Community Church.
Since that date, Jan. 22, 2008, Davis and Kirk allege city officials have tried to quash an investigation into the cause of the fire, out of concerns a local businessman (who allegedly is a Goodnight political supporter) might be implicated.
City officials, including Goodnight and Sublette, have maintained Kirk and Davis launched a secret, rogue investigation when KPD internal investigations declined to substantiate the allegations against the businessman.
In the federal lawsuit, Kirk and Davis repeat the allegations, which they claim are still being investigated by the FBI.
The FBI, which neither confirms nor denies the existence of an ongoing investigation, has been aware of many of the Kirk/Davis allegations since 2006.
However, neither the FBI nor any other law enforcement agency has sought charges against any KPD officers or city officials in connection with the allegations.
The new federal lawsuit, however, alleges that “Goodnight, Baker, Mitchell, Sublette and unknown others within the city of Kokomo and/or KPD administration, conspired to discredit and remove Kirk and Davis from the KPD, thereby prohibiting Kirk and Davis assisting in the investigation of said businessman or involved KPD officers.”
On March 22, 2008, Baker ordered Kirk and Davis locked out of their respective offices, and two days later, both officers were placed on administrative leave, pending a professional standards investigation.
Both Kirk and Davis acknowledge launching an investigation of Baker and other officers secretly.
However, the officers maintain they couldn’t tell Mitchell, the KPD’s professional standards investigator, what they were doing because Mitchell had an obligation to then immediately inform Baker.
Both Kirk and Davis were locked out a few days after the officers revealed the existence of a secret recording to Baker, Goodnight and Mitchell.
The recording, of an encounter between Miller and Kokomo resident Dawnetta Trott, included a candid discussion of the Kirk/Davis investigation of the local businessman. On the recording, Miller can be heard urging Trott not to cooperate with certain local law enforcement officers.
Kirk and Davis said they were given the recording about two weeks after Mitchell’s internal investigation determined there was no substance to allegations against the businessman.
The recording was made secretly by Trott, who was using equipment provided by Howard County Sheriff Deputy Matt Roberson.
Miller, who was initially disciplined after the recording surfaced, is now suing Kirk, Davis, Roberson and Howard County Sheriff Marty Talbert in federal court.
Kirk and Davis also are awaiting an opinion from the Indiana Court of Appeals. They are asking the appeals court to overturn a trial court ruling, which partially upheld the board of works’ disciplinary action.
• Scott Smith is a Kokomo Tribune staff writer. He may be reached at 765-454-8569 or via e-mail at scott.smith@kokomotribune.com
