[06/19/03] The five-day suspension of one Vicksburg police officer has been upheld, and a second officer has filed an appeal seeking to overturn his firing.

The Vicksburg Civil Service Commission voted to uphold the suspension of officer Gevon Smith who was accused of failing to arrest a former police officer who admitted taking a prescription pain medication before a wreck on Jan. 8. Smith was suspended for five days without pay, but appealed that action to the commission, which held a hearing last week.

The officer seeking reinstatement, Gary Cooper, was fired after he arrested and then released a local teenager on May 22. Cooper is represented by the attorney related to the teen who will represent him in his commission hearing.

The three-member panel has the power to review job decisions involving civil service employees in the police and fire departments. Part of their job is to protect otherwise competent employees from political interference with their duties.

City officials said that both actions were taken to restore integrity to the department.

“I’m pleased with their decision, and I believe that the Civil Service Commission understands what we’re trying to do,” Police Chief Tommy Moffett said of the decision regarding Smith. “We want to have a professional police department,” Moffett said.

At a hearing before the coa1mmission June 11, Smith said he did not arrest former police officer Andy Andress because there was not enough evidence that Andress had been driving under the influence. Other officers testified that Andress, who was driving the pickup that struck two parked vehicles, was unable to walk and was obviously impaired.

Andress was later arrested and found guilty of DUI.

Smith’s supervisor, Sgt. Jackie Johnson, was also given a three-day suspension for failing to order Smith to make the arrest after he arrived at the scene, but he has not appealed that disciplinary action.

Smith’s attorney, David Sessums, had argued his client’s suspension was excessive considering his supervisor was given a lesser suspension.

The commission is also being asked to hear evidence in the firing of Cooper who said that arresting someone and then letting him go is a common practice in the Vicksburg Police Department. In an event that became public when 19-year-old Hildon H. Sessums reported it, Cooper is said to have handcuffed Sessums and placed him in a patrol car for playing loud music at a roadblock on Bazinski Road.

Cooper said during a closed session of the Board of Mayor and Aldermen that he released Sessums because he felt sorry for the teen and not because of his relation to Cooper’s attorney, David Sessums.

The commission meets again on July 9 and will decide then if it will hear the appeal.