Why charges against Muscogee Co. Deputy Marshal were dismissed

Deputy Marshal charges dismissed

COLUMBUS, GA (WTVM) - [if gte mso 9]>

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A lot has happened in less than two months since Muscogee County Deputy Marshal Alicia Davenport stopped to check out a traffic accident in East Columbus.

On that day, October 28, Davenport was on her way to work when she noticed two cars had collided and no other officers had made it to the scene.   The 2013 timeline below indicates the sequence of events:

October 28

Davenport drives up to the traffic accident
CPD Officer Douglas Dunlap arrives
Davenport allegedly strikes Dunlap's knee with her vehicle
Dunlap requests supervisor
Marshal's Office launches administrative investigation

October 29

Officer Dunlap files injury report

November 1

GBI probe requested

December 13

Davenport arrested for reckless conduct and violation of oath

December 14

Municipal Court Judge Dismisses Charges
Superior Court Reinstates Case

News Leader 9's Roslyn Giles spoke to Chief Assistant District Attorney Alonza Whitaker about how this could possibly happen.

"When Davenport bonded out, the case was in Superior Court and Municipal Court, technically did not have jurisdiction," said Whitaker. "However, when they (Davenport and her attorney) showed up in Municipal Court requesting a hearing, which they have a right to do, but the hearing has to be in Superior Court."

If you're wondering how the case ended up in Municipal Court in the first place, all cases that originate from the Sheriff's office - which is where Davenport turned herself into authorities as a result of criminal evidence in the GBI's investigation - go to Municipal Court first for preliminary hearings unless the suspect bonds out before the hearing.

"The judge granted the request (dismissal) based on the fact that everyone was told they needed to be in Municipal Court, so it was more a communication breakdown," Whitaker added.

Davenport's boss Greg Countryman said he also had to call in the GBI because of the injury because at the point, Davenport's car was viewed as a weapon.

Davenport is now on administrative leave without pay.

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