A group consisting mostly of former and current law enforcement officers wasted no time in reaching the decision that Colin Berryhill, a former Memphis Police officer, could retain his police certification. The decision was made in a matter of seconds.
In February, the Tennessee Peace Officer Standards and Training Commission (POST) failed to take any action.
The Tennessee POST is responsible for overseeing law enforcement activities in the state. It frequently receives cases of police misconduct, which are so severe that the officers’ employers request that they be decertified and prevented from serving as police officers in the state of Tennessee.
The Memphis Police Department has requested the state to revoke Berryhill’s certification due to his repeated violation of the department’s excessive force policy using his Taser during his duty.
MPD informed POST that too much time had passed and subsequently withdrew their request when his decertification hearing was held almost five years after he used excessive force.
During the hearing, Berryhill’s case was not reviewed and no questions were asked by the POST Commission.
Upon quick decision-making, POST was investigated by Action News 5, revealing that approximately 270 police officers in Tennessee have been faced with decertification from 2019 until present day in 2024.
Lauren Bonds from the National Police Accountability Project remarked that this would be considered on the higher end of the spectrum in a national context.
Bonds stated that Tennessee experiences a higher number of decertification hearings compared to other states, along with longer delays in the process.
According to our investigation, almost half of the officers facing decertification were able to retain their licenses, primarily due to delayed hearings. Out of the 111 officers, 70 of them were able to keep their certifications while waiting for their hearings, while 41 others had their cases dismissed altogether.
Bonds expressed concern about the delays, noting that they appear to be uncommon.
Several officers have experienced significant delays for several years.
Similar to Carlard Anderson, a former deputy of Shelby County Sheriff’s Office, who faced two arrests during his tenure. One of the incidents involved him allegedly driving under the influence in his SCSO-issued vehicle. The other arrest came after he reportedly fired a gun inside a club while working as an off-duty security guard, injuring six women. Anderson has been awaiting his appearance before POST since 2019.
Former Ripley Police officer Alex Capps has been accused of sharing personal information with several women, including details about his alleged suicide attempt, and threatening his then-girlfriend. Moreover, he was also captured in a photograph with marijuana. Despite these allegations, Capps still holds his police certification, and a hearing for his case has not been scheduled even four years after his first hearing was postponed.
In less than two years, Eric Austin received 15 write-ups, leading to his termination from Millington Police in 2019.
Berryhill has benefited from the delays that have occurred in some officers’ cases.
State Senator Ed Jackson, who represents Jackson and parts of Dyer and Crockett counties and has been a member of the POST Commission for five years, expressed his concerns about the length of time it has taken to investigate the issue. “We have looked into why it’s taken so long,” he stated.
According to him, the sheer number of tasks makes it difficult for their team of only 14 members to handle. However, they are determined to find a solution by meeting at various grand divisions of the state.
It is currently unclear when the change will occur, as Senator Jackson was unable to provide a specific timeline.
According to a spokesperson from the POST Commission, in order to schedule a hearing, several factors must be taken into consideration. These include the availability of the individual respondent, the commission’s ability to meet as a quorum, the availability of an administrative law judge, as well as the drafting and filing of a Notice of Hearing and Charges. Additionally, officer respondents have the option to hire an attorney, which can also affect the scheduling of hearings.
No specific schedule or timeline has been established for any of these actions.
According to our investigation, POST has dismissed several cases where the officer or their attorney has defended their actions. One such instance involved former MPD officer Elijah Presley and his partner Raul Perez who arrested a woman that had called for help and ended up fracturing her arm. The MPD found Presley guilty of using excessive force.
In June 2023, Lt. Keith Morris from MPD’s internal affairs unit told POST that the situation could have been resolved without the use of force.
According to POST Commissioner Coffee County Sheriff Chad Partin, it is unfortunate that Presley chose to resign when an internal investigation was initiated. Currently, he is employed with the Oklahoma Highway Patrol.
Sheriff Partin stated that the arrest appeared to be routine, and accidents unfortunately happen during such events, resulting in people getting scuffed and marked up.
Upon investigation, it was discovered that a great number of officers have been decertified, but not by choice. In fact, the reason for their decertification was due to their failure to attend their hearing.
Senator Jackson stated that if individuals are aware that they may face decertification, they may choose not to attend the event, thinking it is not worth going through that process.
The Investigators asked, “In your opinion, how effective is the POST Commission?”
Senator Jackson commended the effectiveness of the POST Commission and acknowledged their ability to make necessary adjustments.
POST Commission hearings’ location may undergo changes, but there are no plans to make any other modifications to POST at the moment.
