Former deputy sheriff indicted for theft of his department-issued firearm

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Monday, July 20, 2015, 2:30 p.m. — A former Nelson County deputy sheriff was indicted Wednesday, July 15, 2015, by a Nelson County grand jury for the alleged theft of his department-issued service weapon.

ERNEST T. SMITH

Ernest T. Smith, 45, of Louisville, was indicted on a single count of theft by unlawful taking or disposition of a firearm, a Class D felony punishable by one to five years in prison.

In an interview Monday with the Nelson County Gazette, Nelson County Sheriff Ed Mattingly confirmed that former deputy Smith ‘s Glock Model 35 .40-caliber department-issued weapon was never returned to the department before or after Smith resigned his job earlier this year.

Mattingly said that the missing weapon came to light during an inventory of all department-issued equipment after Mattingly took office in January this year.

“We were doing an inventory of property and equipment, and his property didn’t get inventoried because he was on sick leave,” Mattingly said.

But before Smith could return the weapon to the sheriff’s office, he reported the weapon was lost in a vehicle fire in Louisville. Mattingly said he requested what was left of the weapon.

When the remaining parts were returned and examined, Mattingly said the weapons’ serial numbers appeared to have been defaced.

“We sent the gun to the lab, and they were able to determine that it wasn’t our gun,” he said.

At that point, Mattingly said he turned the case over to the Kentucky State Police Post 4 in Elizabethtown for an investigation.

Smith’s bond was set at $5,000 unsecured, plus conditions. Smith’s first court date is his arraignment set for Thursday, Aug. 6, 2015, in Nelson Circuit Court.

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