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Thursday, May 18, 2017

The Trigger-Happy Constable

     On November 2, 2011, at 3:30 in the afternoon, Jefferson County Constable David Whitlock, while shopping in a Louisville, Kentucky Walmart where he worked off-duty as a retail security officer, received a call on his cellphone regarding a possible shoplifter. Constable Whitlock approached the suspect, Tammy Lee Jamian, aka Tammy Ortiz, as she sat in her car in the parking lot. When Whitlock reached the vehicle, the suspect started to drive away. Her car ran over Whitlock's foot so he shot her in the arm and hand.

     In Kentucky, constables were elected under the state constitution that gave them powers of arrest in the enforcement of traffic laws. They also served certain types of warrants. Whitlock, in 2000 and 2002, had been charged in a couple of theft cases. Other law enforcement officers had criticized him for carrying a gun without the proper firearms training. In Kentucky, constables were not required to undergo special law enforcement instruction. Whitlock claimed, however, to have taken 122 hours of deadly force classes. According to a Jefferson County Sheriff's Deputy, Whitlock failed the shooting portion of the course and was sent home.

     In a newspaper interview following the Walmart shooting, Whitlock told the reporter he spent 20 to 25 hours a week writing citations for illegal parking in fire lanes and handicapped spots. He also patrolled Louisville making sure addresses were visible on buildings as required by law.

     Tammy Lee Jamian, who has an arrest record for burglary, theft, and prostitution, claimed she was not shoplifting in the store and that Constable Whitlock, when he confronted her in the parking lot, did not identify himself as a police officer. She drove off because she thought she was being mugged. Referring to Whitlock, Jamian's attorney told a reporter "This cowboy shot an unarmed woman for shoplifting. He didn't know if she was Bonnie from Bonnie and Clyde or Sister Teresa. He just shot her."

     On November 11, Louisville Councilman Rick Blackwell called for the state legislature to remove Whitlock as a Jefferson County Constable. According to the councilman, Whitlock violated three state laws: deputizing staff members, failing to file monthly reports to the county clerk, and using oscillating blue lights on his car.

     In October 2012, pursuant to his guilty plea to charges of wanton endangerment and second-degree assault, Whitlock agreed never to work in law enforcement again. After he completed a diversion program, the prosecutor dropped the charges against the former constable.

     In Louisville, on January 27, 2014, David Whitlock announced his plan to run for a seat on the Metro Council. He lost.

    

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