Jackson County Deputy appeals firing, says he was depressed

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By Sheri Melvold | Friday, October 10, 2008 9:25 PM CDT | () comments

MAQUOKETA, Iowa — A Jackson County sheriff’s deputy who was fired last month has appealed the action, saying he was depressed over a teenager’s suicide.

Jackson County Civil Service Commission members heard testimony in open session all day Friday about Kevin Scott’s firing Sept. 10 by Jackson County Sheriff Russ Kettmann.

Commission members have 30 days to issue a written ruling.

Attorney Mark Lawson, representing the sheriff, said the firing was based on state code under several areas, including conduct unbecoming an officer, drunkenness, dishonesty and immoral conduct.

Jackson County Attorney Chris Raker is representing the Civil Service Commission, so the sheriff had to hire Lawson to represent him during the hearing.

The sheriff testified he had received several complaints against Scott about excessive use of force and aggressive behavior toward the public. He said one incident may result in a lawsuit.

Scott was placed on unpaid medical leave at the end of August after he became depressed over the suicide of a Maquoketa High School student. Scott had arrested the youth earlier in the evening of his death for drunk driving. The sheriff said some of his deputies were concerned about Scott’s mental health after the incident.

One of the main issues was an incident Sept. 5 at Timber City Truck Plaza in Maquoketa. Scott’s girlfriend, Darcy Berggren, called 9-1-1 just before noon to say Scott had a gun at the truck stop and was suicidal. Officers arrived to find the deputy coming out of the women’s restroom, then discovered his unloaded service revolver in the waste basket. Chief Brad Koranda said Scott was uncooperative, drunk and had to be handcuffed and taken to the sheriff’s office. The sheriff and the chief did an involuntary mental health committal and Scott was taken to Genesis Medical Center, West Central Park, Davenport, for the weekend.

When he returned, Kettmann gave the deputy the option of resigning or being fired. Scott would not resign, so the sheriff fired him.

Scott’s psychiatrist testified that Scott had adjustment reaction with depressed moods, but didn’t have a mental illness or diagnosis of depression. The doctor said Scott is on anti-depressant medications.

Scott’s attorney, Mike Melloy said the sheriff did not prove just cause. He said the youth’s suicide triggered the events that placed Scott on medical leave and then the incident at the truck stop. He said the sheriff should not have fired Scott while he was on medical leave.

Lawson said the commission’s job is to rule on the sheriff’s reasons for the dismissal and had nothing to do with the timing of the firing. A ruling will be issued at a later date.

The city desk can be contacted at (563) 383-2245 or newsroom@qctimes.com.