Presses charges against HIM

LAWRENCE CO.—A Lawrence County deputy has followed the path of violent and insecure officers preceding him by turning a situation around on a 73-year-old Bridgeport resident who was actually only lending a hand…and which ultimately lead to charges and an arrest of the resident.

Jay D. Wirth, 73, owner of Jay’s Tavern and the Hilltop in Bridgeport, was the latest victim of the room-temperature IQ it appears is desirable these days for most new law enforcement personnel.

The most recent run-in was courtesy of one of the more recent hires to the Lawrence County Sheriff’s Department, young Nick Earnst, 21.

And as a result of the situation Earnst’s confusion about how to conduct himself on the job, it’s highly possible that the county could be facing yet another lawsuit the likes of which has plagued Lawrence since the days of the former sheriff Steve Chansler, when people got fed up with being brutalized or victimized by trumped-up charges and began appealing to the federal court system to rectify the very serious problem Lawrence continues to have with its deputies and other officers of the law.

Closing after Luau

The incident in question, according to public documents, occurred in the early morning hours of Sunday, July 27, 2014, when Jay’s, located in downtown Bridgeport, was within about a half-hour of closing (1:30 a.m.) after their annual Luau Party.

At that point in time, Deputy Earnst was reported parked aslant in front of the car wash that sits across the street from the tavern, so Wirth’s wife, city alderwoman Robin Wirth, went out to see if there was something Earnst needed.

Earnst reportedly met her in the road, advising that he needed to talk to a Leslie Zellars, whom he claimed he’d observed walk in to the tavern.

Robin Wirth advised Earnst that he must be mistaken, as no one fitting Zellars’ description had been at the tavern all evening (Zellars, Disclosure later learned, is a rather rotund individual and this in a singular way; there would have been no way Earnst could have mistaken any of the reported five patrons in the bar for Leslie Zellars.)

Earnst is reported to have told Mrs. Wirth that he needed to talk to Zellars about a bad check charge; at about that time, Jay Wirth came out to the sidewalk to see what was happening. When Earnst explained his presence there, Wirth told him that Zellars wasn’t in the bar, but that the deputy was welcome to come inside and look around.

Accidentally bumps officer

Earnst lead the way, with Jay Wirth behind him and Robin Wirth following her husband.

Earnst is reported to have opened the door to the bar, with Jay Wirth holding the door open in a manner of accompaniment to Earnst entering the bar, with Earnst proceeding ahead of Wirth.

But for whatever reason, as soon as Earnst entered the bar, witnesses say he stopped with his hand on the doorknob, not getting all the way in to the place. Jay Wirth didn’t see that Earnst was stopping, and, holding the other hand out to sort of steady himself as he went to cross the threshold into the bar, that hand ran into Earnst’s back upon Earnst stopping abruptly.

Witnesses describe what happened next: Earnst wheeled around, at the same time slapping Jay Wirth’s hand and arm back violently, and began yelling at the older man, telling him “Hey! You can’t touch me!!” and more phrases to that effect, creating quite a scene.

Wirth, completely caught off-guard, stepped back and told the young deputy, “Hey, if you’re gonna arrest me, do it. Otherwise, I’m closing this bar.”

Witnesses say Wirth proceeded to do just that, and that Earnst was overheard saying, “It’s a good thing I’m a nice guy; I’d have arrested him on the spot” before he left the building.

Chief deputy helps out

Three days later, a file appeared in the Lawrence County circuit clerk’s office on Jay Wirth.

It was a single count of a misdemeanor Battery charge against Wirth, wherein it was claimed that “on or about July 27 at JD’s Tavern….Jay. D. Wirth…committed the offense of Battery in that (he) knowingly made physical contact of a provoking nature with Nick Earnst in that he placed his hands on the back of Nick Earnst and pushed him.”

A court date was subsequently set for August 12.

However, the warrant on the misdemeanor was never served and in fact, when Disclosure viewed the file initially, on Aug. 1, there was no warrant on file.

However, when the Aug. 12 court date came and went—and Wirth didn’t attend, because he didn’t know his presence was required, as he hadn’t been issued a citation on the night of the incident, and no warrant had been served to him—a warrant was issued: for failure to appear.

Lawrence County Chief Deputy Trent Masterson was kind enough to stop by and tell the Wirths about the situation, and they went up to the sheriff’s department for booking on the charge and to post the bond, this on Aug. 18.

Another ridiculous instance

When contacted, Alderwoman Robin Wirth would only say that she’s aware there’s a hearing set for September 30 on the case, and that it is their intent to see it through to jury trial.

However, Earnst’s zeal for his job seems to be getting in the way of others in Lawrence County who, like the Wirths, are just trying to go about their business, and could be cause for concern among county leaders, who have had to deal with problem officers in the past, some of it ending up in various court venues, including federal court.

A couple of weeks before the Wirth incident, Earnst was on a call in the St. Francisville area when he was leaving and observed an older man driving a riding lawnmower down a street, with a 12-pack of beer balanced between the front of the mower and his legs.

Earnst stopped the gentleman (whose name Disclosure has yet to learn) and asked him if he’d been drinking. The man told the deputy he had not had anything to drink for several hours, and had only traveled to the tavern in town to pick up some beer for himself to have at home.

Nevertheless, Earnst took him in to the Lawrence County jail in Lawrenceville in order to submit him to a breathalyzer test.

The man blew well under the legal limit, and could not be cited with a legitimate DUI ticket; however, in order to get him to the cop shop under legal premises, Earnst was required to issue him a citation before going, which he did.

The man’s “temporary” DUI citation was thrown out.

However, Earnst, not to let that fact get the best of him, then wrote the man a citation for not using a turn signal…on a lawn mower.

That ticket was reportedly never filed upon examination by the state’s attorney, Chris Quick.

Not a new situation

The situation with Earnst is unfortunately not a new one.

Lawrence County has had problem cops for years. Former sheriff Steve Chansler (1998-2002) brought in the worst of them, allowing other law enforcement officers across the county to be deputized then bilk the county of egregious overtime, such as Billy “PeeWee” Darnell out of St. Francisville, until succeeding sheriff Dennis Bridwell un-deputized Darnell in 2004 after several acts of violence and high-speed chases.

Bridwell was able to weed out some undesirables, but was never able to get rid of Dennis York until 2006, when York left after signing up for the military (a claim which Disclosure has never been able to substantiate.)

York was allowed to return under current sheriff Russell Adams, but York managed to get his own tender parts in a wringer a year and a half ago when he injured the current prosecutor, Chris Quick, and was placed on administrative leave.

In August, York, as part of a plea deal in the felony charge filed against him in the wake of the March 2013 incident with Quick, resigned his position as deputy.

But perhaps the worst thing about deputies who have been allowed to act without thinking are the lawsuits.

One involved a current sheriff’s candidate in Jasper County, Dan Cheadle, after a 2003 incident in which a Jeremy Routien was injured by Cheadle during a traffic stop.

The case went to federal court and was later dismissed…but the impact was clear: Cops who overstep their bounds can and will be sued by those they harm.

In the case of Jay D. Wirth, a claim of Battery of a person over the age of 60 could easily be made in the bar incident, as there are plenty of witnesses to attest to the fact.

Whether that will be done is something the Wirths aren’t indicating.

Adams hasn’t commented on Earnst’s exploits, and Earnst remains on duty in Lawrence.