Former cop accused of sexual battery headed back to force|[9/28/06]

Published 12:00 am Thursday, September 28, 2006

Bobby Jones, once facing up to 30 years in prison for sexual battery, will be returned to his job as a Vicksburg police officer under a 3-0 Civil Service Commission vote.

The panel, which took testimony in Jones’ appeal of his firing Tuesday, gave itself 10 days for a ruling – but didn’t wait.

The Wednesday order says the officer, indicted with another after consensual sexual relationships with a 17-year-old girl, may return to the police force after serving a retroactive 15-month suspension.

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The other officer, Anthony Lane, 29, got the opposite result. He also appealed his 2-1 firing by the Vicksburg Mayor and Board of Aldermen in July to the commission. A week ago, Lane’s dismissal was unanimously upheld.

A distinction is that Lane was assigned to Vicksburg High School in 2004 as a resource officer where the teen was a student. Testimony in his appeal was that Jones, 32, met her at the mall.

Both officers were indicted by a Warren County grand jury under a state law increasing the age for legal consent to sex to 18 if the adult was in a position of trust or authority over a juvenile. Otherwise, the age of consent is 16.

Lane was tried in June and found innocent, and the charge against Jones was dropped a week later. Mayor Laurence Leyens and North Ward Alderman Sid Beauman then voted to terminate both officers, saying what they did, even if it wasn’t criminal, was incompatible with being a police officer. North Ward Alderman Michael Mayfield favored reinstatement.

Formally, the commission’s written order modifies the city board’s July 2005 suspension, which was issued following Jones’ indictment.

&#8220Officer Bobby Jones shall be suspended, without pay, for a period of one year and three months. His date of suspension shall be effective the date of his suspension by the board of mayor and aldermen which was July 21, 2005,” it said.

Jones will be eligible to return to work Oct. 19, the ruling says.

Both commission rulings may be appealed to Warren County Circuit Court.

Lane, represented by Jackson attorney Ramel Cotton, had not filed an appeal. Associate City Attorney Walterine Langford did not return messages left at her office to ask whether the city will appeal its attempt to fire Jones.

In the opinion, commissioners rejected Jones’ claim that city officials fired him for political reasons.

&#8220The disciplinary action by the board of mayor and aldermen was warranted and made in good faith and good cause,” the ruling says. &#8220However, the commission does not find that the charges and evidence support termination of officer Bobby Jones.”

Leyens said the ruling was not surprising.

&#8220From a legal perspective, I guess I expected it,” he said. &#8220I’m a little shocked they did it retroactive. But the Civil Service Commission has that authority.”

Jones’ attorney, Marshall Sander, argued Tuesday that state law, not morality, set the standard in the case. He said because Jones had not broken any laws or violated police department policy that he should be allowed to return.

Langford argued the public’s faith had been lost in Jones.

&#8220Our board does have an obligation to consider more than just the legal requirements,” Leyens said. &#8220I think we acted accordingly.

The sexual battery statute lists 16 roles, including teacher, minister, counselor and coach, but not &#8220police officer.” Police Chief Tommy Moffett suspended Lane for &#8220conduct unbecoming” but did not sanction Jones. He also testified in Lane’s trial and again for the officers in their Civil Service hearings that he believed no crime had been committed.

Moffett, however, has joined others in asking the Legislature, which meets in January, to amend the law and add law officers.

Sexually battery carries a maximum 30-year prison term.