Mattingly issues written response to questions about use of recovered trailer

Capt. McKenzie Mattingly, the acting chief of the Bardstown Police Department, discusses the department’s overtime budget at Wednesday’s safety committee meeting.

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Wednesday, Oct. 12, 2016, 11 p.m. — McKenzie Mattingly, the acting chief of the Bardstown Police Department, issued a one-page statement Wednesday evening in regard to questions about his use of a utility trailer that had been reporter stolen and recovered by the police during a theft investigation.

Click on image to open larger version of the statement acting chief Capt. McKenzie Mattingly gave media representatives prior to Wednesday’s safety committee meeting.

The statement was apparently prompted by questions posed by Councilwoman Kecia Copeland at the council’s meeting Tuesday, and the story about the trailer incident published Tuesday night by the Nelson County Gazette.

According to his statement, on Monday, Sept. 19, Mattingly was using a recovered utility trailer for use by the Bardstown Flex Team. The trailer had been been recovered on Aug. 16, by city police during a theft investigation. After the Flex Team’s Sept. 19 training was completed, Mattingly states he then used the trailer for his personal use.

While Mattingly was at the Bardstown Lowe’s with the trailer in tow, its owner spotted it attached to a grey Ford Explorer. He called 911 to summon police.

While the owner was on the phone with the dispatcher, Mattingly — whom the owner knew — returned to the SUV. The owner told Mattingly he was towing a trailer he had reported stolen in August.

According to Mattingly’s statement, his use of the recovered trailer was key to its return to the rightful owner.

“… by using the trailer [the owner] was able to recognize it. This ultimately allowed us to identify him as the rightful owner of property in our possession for 35 days and return that property to him,” Mattingly wrote.

Mattingly states the trailer was considered “found property” because the trailer’s owner had not yet reported it as stolen when city police recovered it on Aug. 16. The owner reported it stolen seven days later, on Aug. 23. Because the owner lives in the county, the Nelson County Sheriff’s Office took the report.

The city police were never made aware of the report until Sept. 20, Mattingly states and the trailer was never entered in the National Crime Information Center (NCIC) database.

In his statement, Mattingly says he apologized to the owner for using the trailer “even though I did not know it was his and had no knowledge that it was stolen.”

BACKGROUND. As reported Tuesday by the Nelson County Gazette, the Bardstown Police Department recovered the trailer as part of an investigation into a theft of lawn mowing equipment from J&G Equipment in Bardstown.

According to Officer Derek Sidebottom’s report, Bardstown Police officers responded at 9:28 a.m. Aug. 16, 2016, to 800 Pennebaker Ave., for the theft of lawn mowing equipment. Officers found two trailers and a Scag Patriot 61-inch zero-turn mower at that address.

One of the trailers was registered to American Tire, and it was returned to them. The other trailer had no registration, serial number or other identifier.

According to Sidebottom’s report the unidentified trailer was “believed to have been stolen as well.” It was taken to the Bardstown Police Department where it apparently remained until it was used by Mattingly and spotted by its owner at Lowes on Sept. 19.

Mattingly stated the trailer was returned to its owner on Sept. 21. The owner wrote a statement explaining the discrepancy between the date it was recovered and the date it was reported stolen.

NO SAFETY COMMITTEE DISCUSSION. At Tuesday’s city council meeting, City Clerk Barbie Bryant and City Attorney Tim Butler suggested Copeland’s questions regarding Mattingly’s use of the trailer would be better addressed at the next day’s safety committee meeting.

However, the matter was never brought up during that meeting. The safety committee meeting was a special-called meeting and per state law — KRS 61.823(3) — discussion at special meetings is strictly limited to the items on the published agenda.

The published agenda was absent any reference to the acting chief’s use of the recovered utility trailer.

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