Bardstown police chief responds to letter alleging racial profiling

Editor’s Note: The letter published below was sent by Bardstown Police Chief Rick McCubbin to the local newspaper after its publication of a letter by Terrance Montgomery claiming he was racially profiled by a Bardstown police officer. McCubbin’s letter is well over the 300-word limit the newspaper allows, so the The Nelson County Gazette is publishing McCubbin’s letter in its complete form and without word limitations.

Friday, May 25, 2012

To the editor:

Since Terrance Montgomery chose to make baseless accusations in such a public forum I have no choice but to inform our community of the facts regarding his case which can be located in Nelson County Circuit Court Case 11-CR-00144. This indictment is based on Bardstown Police Department Case 1104-0020.

I want to remind everyone that these cases are public records and are available in the Nelson County Circuit Clerk’s Office or the Bardstown Police Department. As chief of police, I believe in transparency of our department and government, however, this is a two street and therefore, the public should be made aware of the open records that are available.

Mr. Montgomery stated in his letter from May 25, 2012 that he was “racially profiled” and that he was observed “slouching down in the seat of my truck”, which he further states is not illegal. He is correct in his assumption. However, late at night, in a high crime complaint area, known for drug activity is more than reason for a police officer to investigate suspicious activity. Officer Mattingly was doing just that; his job.

Mr. Montgomery was not charged with “slouching” in a vehicle, but was charged with other violations.

On April 2, 2011 Officer Mattingly was on patrol in the parking lot of the former La Movida restaurant on Guthrie Drive. The police department had complaints of illegal drug activity taking place there and in the parking lot, and every weekend we received at least one fight call. Officer Mattingly observed someone sitting alone in a truck as he patrolled the lot. When this unknown person saw the officer, he then slouched in the truck, spurring even more suspicious activity. As the officer approached the truck, the unknown person also exited his vehicle and was then recognized to be Mr. Montgomery.
Approximately six months prior, Officer Mattingly, like so many other officers and deputies, arrested Mr. Montgomery, who has an extensive record (all public record) and has received convictions for felony drug possession, trafficking in drugs (cocaine), assault, wanton endangerment, carrying a concealed deadly weapon, marijuana possession, drug paraphernalia possession, and resisting arrest. He has also been charged with robbery, tampering with physical evidence, possession of a handgun by a convicted felon, felony assault, and for fleeing from the police several times. Mr. Montgomery has fled from the police on two previous occasions while in possession of a handgun.

Based on Mr. Montgomery’s record, the complaints of crime at this location, the time of night, and his actions, Officer Mattingly, along with the totality of circumstances, was more than justified in temporarily detaining him on a reasonable suspicion that he was engaging in criminal activity. The Circuit Judge ruled the actions justified. Upon further investigation, according to Terry v. Ohio (392 U.S. 1) during a pat-down for weapons he fled on foot and Officer Mattingly then deployed a less-than-lethal taser to halt his dangerous flight. Mr. Montgomery then fought with two Nelson County Sheriff’s Deputies as they tried to bring him under control. While he fought with the deputies a loaded Colt .38 revolver, with the hammer cocked, fell from his jacket pocket. Anyone with a basic knowledge of guns understands that revolvers do not cock themselves. A person must cock the hammer which is done in preparation to fire the gun, which fortunately due to Officer Mattingly’s quick actions did not result in a shooting. He also had over $4000 in cash and marijuana. Mr. Montgomery recently pled guilty to numerous charges in this case. He received five years for possession of a firearm by a convicted felon and another five years for fleeing from the police. He received 12 months for resisting arrest and another 12 months for trafficking in marijuana. He forfeited his truck and money to the Bardstown Police.

I chose to respond to Mr. Montgomery’s letter for a few reasons. Other than I believe in accountability and responsibility it was apparent that Mr. Montgomery did not share his impressive record with the community, therefore, mandating that I, as the chief of police in this community, make sure that a fair assessment of this incident come before our citizens. The most obvious reason, as chief of police, I will simply not tolerate criminal activity and instituted a “zero-tolerance” policy regarding ANY criminal activity in our community.

Our officers will respond, investigate, and apprehend anyone who chooses to violate the law. Officer Mattingly, like all of our officers, was responding to my mandate of zero-tolerance, which stems from a mandate from our community. Our citizens demand and shall receive not only a professional, dedicated police department that will answer their needs, but the 99% who obey the law, are tired of footing the bill for those who choose to offend.

Another reason I chose to respond to this allegation is that as chief, I will not stand idly by and allow baseless, untruths be spewed about the men and women of the Bardstown Police Department without a truthful, fact based account. The direction of this police department has changed course and will not only respond to this growing community, but will respond, in a proactive way, to criminal activity. Lastly, I chose to respond to Mr. Montgomery to say “thanks” for bringing this issue to the general public’s attention of what a great job our officers do on a daily basis. This illustrates how they investigate not only suspicious activity, but all calls for service and respond accordingly. This shows our community that no matter whom or what dangerous circumstances our officers encounter they will continue to advance forward and fight to keep the streets of Bardstown some of the safest in the Commonwealth.

Rick McCubbin

Chief of Police
Bardstown Police Department
212 Nelson County Plaza

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