No charges filed against Hanceville police officer

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July 1, 2009

By Patrick McCreless The Cullman Times Wed Jul 01, 2009, 01:58 PM CDT

A Cullman County grand jury has decided not to pursue criminal charges against a Hanceville police officer involved in a vehicle wreck fatality while on duty in February.

The 12-member grand jury agreed last week that no criminal case should be filed against Hanceville Police Officer Billy Roy Clemons for the death of Hanceville resident Annie Mae Butts.

“I believe the grand jury made the appropriate decision and I appreciate their diligence in investigating the matter,” said Hanceville Mayor Kenneth Nail.

Cullman County District Attorney Wilson Blaylock said the grand jury heard extensive testimony and saw video of the wreck from the camera on Clemons’ patrol vehicle.

Blaylock said his office brought the case to the grand jury’s attention to ensure everything was considered before a decision was reached.

“From our standpoint, there was an accident report done and it involved law enforcement,” Blaylock said. “The final decision was up to the grand jury and we felt it best to leave it in their hands.”

According to Alabama State Trooper reports, Butts, 77 of Hanceville, died at the scene of a vehicle wreck with Clemons on Feb. 16 at the intersection of Alabama Highway 91 and Edmondson Road. At the time of the crash, Clemons was responding to a call about a possible erratic driver. Clemons was traveling northbound on Highway 91 while Butts was stopped at the intersection on Edmondson Road. Reports add that Butts pulled out onto Highway 91, at which point Clemons collided with the passenger side of her vehicle. Troopers estimated Clemons’ speed at 60 mph.

“It was a tragic accident, but it was nothing intentional,” Nail said. “I hate that she pulled out in front of our officer. I never felt he did anything criminally or civilly wrong.”

Randy Carlton Butts Brown, Butts’ only son and sole administrator of her estate, disagrees.

Brown filed a wrongful death civil suit earlier this month against Clemons, the city of Hanceville and ALFA Insurance Company. A hearing is scheduled for the case at 9 a.m. Aug. 5.

The lawsuit alleges that on the night in question, Clemons was not in direct pursuit of any known person nor was he responding to any accident or emergency. The suit further alleges that Clemons was traveling at an unnecessary high rate of speed without using emergency lights and was not adequately trained by the city to travel at such speeds.

Brown could not be reached for comment by deadline of this article.

‰ Patrick McCreless can be reached by e-mail at patrickm@cullmantimes.com or by telephone at 734-2131 ext. 270.

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