Brainerd Businessman Says Off Duty Officer Pulled Gun On Tow Truck Driver

A Brainerd businessman who owns three buildings near the controversial Deep Blue club said an off duty Chattanooga Police officer came out of the club when his car was being towed and pulled a gun on the tow truck driver.

Jeff Whitley said the officer approached him with the gun and "got in my face numerous times until he finally was told by other officers to go home."

He said he was advised the officer is Phil McClain.

City Police said an internal affairs investigation is underway regarding the incident last Saturday night.

A group of Brainerd citizens, including Mr. Whitley, former City Councilwoman Marti Rutherford and attorney Robin Flores, have been going to a section near the club after midnight on Saturday on recent weekends to try to keep club patrons from parking on nearby business lots.

Mr. Whitley said a driver from All About Towing had removed several cars from his property and was about to move the last one when an irate man came up with three females. He said the driver had backed up to the Cadillac and had hooked it up to be towed.

He said the man demanded that the driver not move his vehicle, and he said the man reached inside the vehicle. He said the man then pulled out a handgun as he continued to resist the towing.

Mr. Whitley said the tow truck driver then got out of his vehicle and told the man he was going to file charges of assault against him.

He said the driver said he wanted police called, and the man told him, "I am the police."

Mr. Whitley said he became so alarmed by the incident that he drew his own handgun. He said the man then approached him and continued to angrily berate him.

Mr. Whitley said, "I have never seen anything like it in my life. It was completely out of line for an off duty police officer to draw a gun in that situation."

He said he is awaiting a police report about the incident before deciding whether he will take some sort of action against the officer.

Mr. Whitley said Ms. Rutherford arrived at the scene soon after the ruckus took place.

Ms. Rutherford was contacted about the incident, but she said she is speaking only through her public relations agent, Albert Waterhouse.

Mr. Whitley said he has suffered property damage from the club patrons, including having a dumpster set on fire.

Attorney Flores said the citizens began taking actions in their own hands because he said "we were not getting any response from the current councilperson (Carol Berz) and we did not feel the mayor or the police had much concern about it."

He said patrons of Deep Blue and the nearby Club Millennium park in nearby business lots, damage property of business owners and make a lot of noise as late as 4 a.m. on Sundays.

He said the group finally hired a county deputy, Jeff Baker, to try to help protect the property of nearby business owners.

He said that has forced the patrons to park further down Brainerd Road
and up along streets and yards of Missionary Ridge.

Attorney Flores said the two clubs are mainly "black" clubs, but he said he does not feel it is a black-white issue. He said the clubs are located near many homes, while "white" clubs further down Brainerd Road are in more of a business area away from homes.

Mr. Whitley said he learned that the officer did not come from Deep Blue, but from a "private party" held at the Ephesians salon on the corner of Rosemont and Seminole (just behind Deep Blue).

Deep Blue is on Brainerd Road near the Comedy Catch and near the Brainerd Tunnel.

NEWS SOURCE