Archived Story

Police officer challenges disciplinary action

Published 9:15pm Wednesday, January 23, 2013

A Troy Police officer facing termination says he is the victim of retaliatory action for filing a complaint with the Equal Employment Opportunity Commission.

Lt. Edward O. Hardy and his attorney, Julian McPhillips, participated in a hearing with Troy Police Chief Jimmy Ennis and the city’s legal counsel on Wednesday morning. As a result of that meeting, McPhillips said Hardy remains on administrative leave with pay pending resolution of the issue.

“This is just a huge retaliatory incident by the police chief of Troy and we call upon the mayor here to do something to get involved,” McPhillips said. “It is unjust, it is a travesty, and I say the Troy police chief should be ashamed of himself.”

City attorneys had no comment after the hearing, and Ennis could not be reached. Troy Mayor Jason Reeves declined comment, saying “This is a pending personnel matter and it would be improper for me to discuss it at this time.”

Hardy, who has been an officer for 19 years, was placed on leave Dec.12, 2012, pending an internal investigation into an incident that took place Dec. 8, 2012. He was notified earlier this month that he would be terminated. According to paperwork provided by McPhillips, that incident involved the supervision of a juvenile arrested while Hardy was in charge of the shift. McPhillips said Hardy was placed on leave because an officer on his shift left a juvenile unattended in a room inside the Criminal Investigation Division for about eight hours.

The juvenile’s mother, stepfather and grandmother were all present at the hearing Wednesday and according to McPhillips relayed that they do not blame Hardy for the mistake since he wasn’t the arresting officer.

McPhillips said he believes the disciplinary action was prompted by Hardy’s EEOC complaint, which was filed in September 2012. At that time, Hardy cited what he said was racial discrimination in the promotion process. In his complaint, Hardy, who is African-American, said he was passed over twice for a promotion to captain – once in 2010 and again in 2012 – while white men were promoted both times.

“He has got a legitimate grievance,” McPhillips said after Wednesday’s hearing “There has never been a black captain at the police department.”

McPhillips said the EEOC has six months to investigate charges. If Hardy receives a right to sue letter in March, McPhillips said he plans to file a lawsuit if the matter has not been resolved. “They are trying to hit him with a sledgehammer for nothing,” McPhillips said.

 

  1. Steven Stiffler

    If the citizens of Troy pay taxes which they do everytime they purchase something or spend their money in the town….this means any governmental official should be able to be contacted. This means Mayor, Council, Chief’s and department heads and anyone else ,this is more of a “plead the 5th” than anything. City Attorneys???? How many do they need? If paid via the City, then once again, why no comment? I bet if you told them they would not get a check this month all of them would comment!! I bet there is more than one sailor on this ship.

    So, it was investigated on the 8th, then he was put on “paid leave” on the 12th? Why did it take a month to decide to terminate the employee if it only took 4 days to determine he was at fault? Who is on the termination board? That is a month’s worth of pay the City could have saved by terminating the employee immediately? So why not? Did the ABI investigate this? Is the LT. the one who left the juvenile or the arresting officer? Has the arresting officer been through a disciplinary hearing? Being in charge of a shift is one thing, where was the arresting officer? Was the arresting officer the only one who knew the juvenile was detained and not secured? Was the arresting officer ordered to another call by the LT. knowing he was in custody of a juvenile? Where was the corrections staff? Was there a SGT. or equilavent on duty(Chain of Command)? If held in the criminal investigations room? where was the investigator? How long has the arresting officer been there compared to the LT. of 19 yrs?

    If this person has been passed over for Captain two times now, then the City should be able to provide the selection process and scores and how they choose who gets what rank. If the ones promoted above him outscored him, then he has no complaint, however, we do not know do we? What is the City’s policy on promotions? Are they fair? If they are fair, then he has no complaint, If they are fair. This still does not breakdown the original problem does it? Could this be a Conspiracy Theory or not? The ABI would probably settle this just fine, maybe they need to come in and check it out or statewide news media because there are so many unanswered questions here. How long did it take this person to make LT.? How many years of experience does an officer have to have to be promoted up to any rank especially to a LT. or higher position before being qualified to take the promotional test? Is it determined by education, road experience or both? Who has been promoted to LT. or above faster and why? This should be public information and available if asked. Are there people being promoted within, with less scores quicker and if so, what were the test scores? What are the policies? Surely it is being done right?

    What about these officers out there who have been here for so long that have never had the chance to hold “yellow” pants and strips? They have all busted their butts to make this town safe and is it that they never wanted to move up? Maybe not, but they are the ones who formed the department!

    If it turns out he is in the wrong, he should be ashamed, however, it if turns out he is not, then the officers and admin who do not back him should be ashamed of themselves and hope that pillow you lay down on each night or morning is stiff as a board.

    “this is a pending personal matter and it would be improper for me to discuss it at this time”

    It is “personnel” not personal and Mayor, your are supposed to be the leader of this town, you are the one who should provide the citizens the unanswered questions and not “have no comment” as, it appears this investigation is over IF termination has already been decided? So in this case, what is the problem?

    Let the Stiffmeister know what you find, many questions to be asked!! If the Stiffmeister is wrong asking these questions then I concede, if not, lets go on a fishy fishy trip!

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  2. Steven Stiffler

    The officers out here are busting their butts to keep people from becoming skeletons, while the top “chosen ones” are protecting their skeletons. The good ones have no one taking care of them from the wraith of admin and “chosen ones” they got backup, Stiffmeister backs them up.

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  3. Steven Stiffler

    When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle.
    “Edmund Burke”

    Your representative owes you, not his industry only, but his judgment; and he betrays instead of serving you if he sacrifices it to your opinion.

    “Edmund Burke”

    Sin has many tools, but a lie is the handle which fits them all.
    “Edmund Burke”

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  4. CHHS1973

    Steven LOL, you have a great play here, I would like to know all of this to, but as far as quotes, here is the best one from your man Edmund…..

    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

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  5. CHHS1973

    Cheers mate!

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  6. CHHS1973

    Yeah Robbyn, I do think they we need answers to these questions this individual asked for, have the questions been asked? It was like this in Whales years ago and simple questions seem to make people resign, can you see about this Brit?

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  7. Steven Stiffler

    Glad to see you agreeing with me 1973, yes resignation is the good option! The Stiffy has to check into this seriously.

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  8. Steven Stiffler

    Its seems the citizens need to see the “long jump” records because if they are as such, we need to get those people put into the 2016 Olympics, because with a jump like that, they will win the gold medal for jumping over others, lets do it…..

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  9. Steven Stiffler

    Stevestiffler695@yahoo.com, skeletons and ghosts, go for it,…… ask me…..if you dare……..

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  10. Steven Stiffler

    My question to the “gods” is, why do you not let your officers do their jobs? And you know what is meant here? Another question that needs to be answered……..

    Stiffy takes requests…….

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  11. Steven Stiffler

    To the “gods”, stay tuned…… its coming….Shame officers, we shame everyone…see you soon…

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  12. Steven Stiffler

    Stiffy is going to run for mayor, next time instead of padding some…. Stiffy will pad the employees….. 15% raise, right off, this is not working, so Stiffy is coming…….City Workers…. you get a HUGE RAISE!! The “gods” will work free, thats what elected means…
    Stiffy will not ever say “no comment” or “not available”, this will not happen…. this has got to change….

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  13. johngalt781

    Does this surprise anyone? Blacks are like little kids when they dont get their way. Kids stomp the floor and whine and blacks always pull the race card out of their sleeve. The solution is simple. Give him any type academic or proficiency exam and compare it to the whites they promoted. Problem solved !!!!!!!!

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  14. Observer

    This issue should hinge on what Hardy knew and what he did. If Hardy knew the juvenile was placed in a room and left unattended, and, if the juvenile was not in the custody of detectives, and, if the juvenile officers had not been notified, then Hardy would be at fault. However, if the arrest was unknown to Hardy, if Hardy had no role in placing the juvenile in the room, or, if the juvenile had been turned over to detectives or the juvenile division, then he would not be responsible.

    There have never been any Black captains in the department. In the past 50-years there haver only been five or six captains (five or six more than the department needs – captains being a total waste of taxpayer money).

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  15. Virtuous

    “McPhillips said Hardy was placed on leave because an officer on his shift left a juvenile unattended in a room inside the Criminal Investigation Division for about eight hours.” -Where was the arresting officer and did he/she get placed on leave for leaving the juvenile unattended? Will he/she be held accountable or take any responsibility for what was done?

    “McPhillips said he believes the disciplinary action was prompted by Hardy’s EEOC complaint, which was filed in September 2012.” -This incident happened 3 months after the complaint. How long does it take to hear something after the complaint has been filed? Sounds to me like they needed to have something on record, even if it is unwarranted, to suggest that Mr. Hardy is not qualified or incapable of being Chief.

    Steven Stiffler-You have posed some very adequate questions that I, for one, think deserve answers.

    johngalt781-I don’t think Mr. Hardy is pulling the race card. He’s just stating the facts that he has been passed over twice. Now he wants to know why. Is that too much to ask? Now all of a sudden, he’s up for termination? And for the record, not all blacks throw temper tantrums when they (WE) don’t get their way.

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  16. Virtuous

    And…I don’t care if the Captain is black, white, blue, purple or green. No one should be passed over for a job; whether it be entry level or promotion, if he/she is well qualified to fill the position just because of the color of their skin, or who they “don’t know”.

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  17. BLOOD

    Johngalt, do you really feel that way about all African Americans? Wow!

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  18. shalom voice

    I admire Officer Hardy for standing up and challenging what he perceives as wrongful treatment. The actions against him seem purely retaliatory, based on the limited information shared with taxpayers. Stiffler poses some valid questions that public officials involved in this matter need to answer truthfully and promptly, for it is time for folk (especially those in leadership) to stop throwing rocks and hiding their hands and stop misusing their authority.

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  19. GetInTouchwReality

    Ummm… I may have missed it, but was the story about the kid being left unattended ever reported to the public?

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  20. Harry

    Here is an officer with 19 years of service and suddenly he’s fired . Something smells and I have to agree there are lots of answers needed . The color of his skin should have nothing to do with anything . Sounds as if the new chief of the dept. can’t do his job fairly .

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  21. BLOOD

    Raddar,you know an awful lot about police business. Sounds like you would make a good Public Relations (PR) person. Thank you for helping the Troy Messenger keep the public informed.

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  22. Steven Stiffler

    Oh and Raadar…. this is a direct quote from the article above…

    “Hardy, who has been an officer for 19 years, was placed on leave Dec.12, 2012, pending an internal investigation into an incident that took place Dec. 8, 2012. He was notified earlier this month that he would be terminated”

    Sounds like he is fired to me, or someone has lied uh…..

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  23. yeapme

    TO JOHNGALT: IF THE SUN COMES OUT WHEN YOU GO AWAY IT MEANS THAT YOU WERE A CLOUD OVER SOMEBODY’S DAY. NEGATIVITY SHOULDN’T BE YOUR IDENTITY…REV. HART RAMSEY.I REALLY FEEL FOR YOUR FAMILY OR KIDS BECAUSE YOUR MIND IS STILL LIVING SEGREGATED. WAKE UP AND SEE WHAT’S GOING ON..GOD BE WITH YOU

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  24. Robbyn Brooks

    Just to clarify. The article does say Hardy is on administrative leave with pay in the second paragraph.

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  25. Robbyn Brooks

    Indeed. It says “would be.” Yesterday was a hearing. He was not terminated, as of then. He remains on administrative leave, at this time.

    Not arguing, just explaining. :)

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  26. Steven Stiffler

    Actually, are all disciplinary actions reported to the paper? Say for the last year? If not, why is this one being made public? Does not seem fair to me.

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  27. johngalt781

    I’ve never understood why anyone would protest getting fired. If the man that writes your check no longer wants to write you one then that should be his option. A person does not owe anyone a job. It’s a mutual arrangement as long as both parties are happy. Either has the prerogative to end the arrangement at any time without a written contract.

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  28. BLOOD

    Johgalt,thanks for answering my question.

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  29. Steven Stiffler

    Your right Blood, Radaar could be a good PR person, but I think the Stiffmeister would be better, by the way, PR? surely they are not wasting taxpayers money paying for that when there is no communication to the public? I would guess that draws about 50 grand a year give or take about 10 grand? 10 grand for “no comment”, 10 grand for “out of the office”, 10 grand for “unable to be contacted”. 10 grand for “well…i cannot speak about that right now”, 10 grand for “no one in the office today”, yeah that works out to 50 grand doesn’t it?

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  30. Steven Stiffler

    Stiffy will just say this…

    Stiffy does not shift times of course, but it appears that it is evening, there is a gentleman who has been here for years and years who should be at least a Captain, and he is a Patrolman, do not know if it is his choice, but he knows more than most, he should be promoted up and skip all the ranks…. There is also this professional one maybe mornings(1130am), Stiffy is not sure, but thinks he wears some yellow, this guy should be the next Chief, he is just the best there is, you cannot get more professional than this one, do not know if I am right with the times, but I think so, so Stiffy says thank you to those two….!

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  31. Steven Stiffler

    Stiffy asks…..

    Ok PR guy/girl, first off, the welcome message is “under construction” LMAO I am sure it is…So would the PR job be to notify the residents of Troy where the crime is occuring? So they might be able to look for and report? 13A-7-5 through 13A-7-7, I understand the welcome message is under construction(LMAO), with technology, is there anyway that people could sign up for texts to cover the above Alabama Code, this way, they will know to watch out and look in their areas for those burglars, and report any suspicious activity? Is this possible? Stiffy thinks it might be?

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  32. Steven Stiffler

    Stiffy asks PR!….

    Lets assume you are working sector #2, there is a signal 1000 hold up alarm at Kangaroo,a fight in progress on 3 Notch, and then a vehicle traveling south in the northbound lane, there is no other units available, which call do you answer first????? Come on, want to hear something…….

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  33. Steven Stiffler

    Stiffy would like to ask the PR how you would choose to answer this call…

    Robbery at a local store, you are enroute, while enroute, you are told “officer down” as you are pulling up, but you see the escape vehicle leaving southbound, do you pursue, or do you stop and secure the scene?????

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  34. Steven Stiffler

    PR…. here is another one for you…

    You are sitting in your office, your sector #1 units are tied up on a MVC, and directing traffic at schools.. you hear the calls come out, a shoplifter is running from a store with a person in pursuit and has them in sight, yet, one unit is calling for traffic control due to the MVC, what do you do?

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  35. BLOOD

    Radar, you ought to take more precaution when citing police business. You might find yourself on the witness stand, if you are not careful. I am not being sarcastic. Older women don’t usually get involved in chatter via the internet thus you are not the wife of a retired police officer. Why did your spouse leave the police force or has he ever really been a police officer? I am not trying to pick a fight with you.

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  36. BLOOD

    I don’t know the Standard Operating Procedures (SOP) for police duties, but why would a supervisor be at the station babysitting a juvenile? How can he supervise his officers on patrol? It seems to me that there is a problem when someone can be in the police station for 8 hours and no one else knows he/she is there. It also seems there is a lack of cohesion in the unit. I treat everybody equally because the so-called favorites and friends always stab the hardest. I don’t know who is right, but God does. We must never count God out; he is always on the scene.

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  37. BLOOD

    It is time for me to take my meds and get dressed for theraphy-PTSD. Dead folks are visiting me too often.

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  38. the catfisher

    Hey Radar….how do you feel about the man who stood there and did nothing while your husband fought with a man and received that on the job injury has received several complaints from other officers that when the situation gets heated he stands by and does nothing? And is still employed there. But Orlando gets fired because of his situation?

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  39. TroyU

    My only question is, why is JOHN GALT so concerned about African Americans? Do you want to be like us? It sure seems like it in every comment you got some smart remark to make about black people. You’re quick to talk behind that computer screen but I bet you want meet one of us BLACK PEOPLE in person and say all of the played out things you’re saying..It’s 2013 not 1981 like you may think it is HOMIE so wake up and kill all of that racist talk people are so over that, but obviously you are not. If you dislike black people that’s fine keep that mess to yourself. Don’t rub your hateful behavior off on other people. You are the one who will have to answer to God for your hate. Me and my fellow BLACK brothers and sisters and the white, orange, tan, and green people who don’t see color will be looking back laughing at you as we enter the gates of Heaven. The way you’re acting you want make it there ..haha Troy is one racist city I tell you the truth.
    Citizens can’t even have a decent blog about a situation in the paper without one idiot bringing race into the arugment. Yes Officer Hardy may have brought that issue up but at the same time he is correct. White people are not smarter than black people and I feel like that’s what you are saying in so many words. WE are all equal. In my opinion, the international people are smarter than all the people in America put together. This is why China is beating us in everything from education to industry now. People in American can’t seem to get over race and what color the president is and what he is and isn’t doing right. We will never move forward because we can’t argee and racist farts like you will make that impossible JOHN GALT!

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  40. baconlover2222

    Cleary johngalt781 is an uneducated unemployed loser himself. Please get a job or hobby and sit down somewhere.

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  41. Steven Stiffler

    John Galt, Stiffy thinks that you should stop the racism issues. It does not matter what the stats are about blacks or whites as far as smartness, fact is, the one we are discussing has more education than anyone on this board..

    On a serious note, your name “Galt” is not a very good make up name because if you do not know, the year was 1962, does not appear the “under construction site” have mentioned this, but GALT is not a good name to use, you are kicking an officer who gave his life for that department in the face….. Check your history, if you need to know the facts or where it ended, let the Stiffmeister know and he will gladly explain it all to you……

    What shift do yall work?

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  42. BLOOD

    Steven, this world is full of racism, especially in small towns where most folks have never left their home state. My neighbor and I didn’t speak for several years because I thought he was a racist old white man. I would wave at him in an attempt to spark a conversation; he never spoke or acknowledged my efforts. I told another neighbor he was a racist. A few weeks later, I was introduced to the assumed racist. We drank wine, broke bread, and shared great laughter. That was the beginning of a wonderful friendship.
    The old guy didn’t see or hear very well, but I thought he was a racist. We have been friends for over a decade now. I drive for him sometimes, and he pays me with wisdom. It doesn’t matter, if Johngalt is a racist or not. There are plenty other good white folks. Look at a history book. African Americans didn’t elect the first black president. We make up about 13% of the population. Some people are “stuck on stupid”. Some folks have been raised to think and behave a certain way-so be it.

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  43. NOYB

    I would think that once the test scores have been reviewed that officer Hardy’s complaint will be dismissed. Every job is not right for everybody. We all have our strengths and weaknesses and Officer Hardy may be a good man but having dealt with him on occasion I can safely say that I don’t feel he is right for the Captain’s job. I know that he has degrees but I have also questioned in my mind how in the world that happened. Especially since in the conversations that I have had with him he didn’t seem to be able to follow simple conversation and I had to repeat myself in several different ways to get him to understand. Education is great but it does not always show ability. And I feel that promotions should be based on ability not race or gender.

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  44. Steven Stiffler

    Ok Stiffy is home from working, Cup O Coffee… lets see there John..

    It appears the Stiffy is way out of his league, I only have a Masters, so it appears you are way more educated than the Stiffy, so I will do my best on your quiz.

    6-1×0+2÷2= the answer is 69? or maybe 1? You got me on this one John.

    Ok I got one, what does F+I=(LMAO)?

    You did well on the earlier quiz, accept for the officer down one. If you had information that the people who robbed the store had all left but there was an officer down, unless you are a Paramedic, its pretty safe to say the scene is semi-secure, therefore, it would be in the best interest to pursue the get away vehicle since it is in sight. But you did well on the others.

    Did you stop me back in December for kinda..rolling through a stop sign and 3 Notch and Murphree?

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  45. Steven Stiffler

    To those who have the black and whites,Stiffy loves ALL of you and there are TWO captains that stiffy loves, would one of you please submit the WHOLE story to this so we can end this?

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  46. Steven Stiffler

    Yes Pemdas…. which means your the most educated officer on 3rd shift right?

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  47. BLOOD

    Good job Johngalt, and thanks for providing us with the proof that African Americans are less intelligent than Caucasians. I will not attempt to dispute or give good reason for your findings. Please, enjoy and rejoice. You have done a great work.

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  48. Observer

    A bit of detail (and history).

    John Galt is a fictional character in Ayn Rand’s “Atlas Shrugged”.

    One of the posters in response to posts by the contributor “John Galt” made the sounds-same connection to a different Gault – - Eugene Simpson Gault, a Prattville Chiropractor who as a side-line occupation was a bank robber and murderer.

    Dr Gault attempted to rob the Commercial Bank in Ozark in May 1962. The robbery was foiled when several employees escaped through a back door, Gault shot and killed the vice president of the bank as he ducked behind the counter and killed a teller who aided others in escaping the bank.

    Gault fled the bank, drove to Clio where he shot the police chief; continued his flight to Troy where he shot and killed Hayden Youngblood (a Troy Police Officer). He finally was trapped in a church cemetery off the Needmore road where a posse made quite certain he was dead. Half a century later there are still chipped tombstones in the cemetery from bullets fired in the exchange.

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  49. johngalt781

    Thanks observer for explaining why someone referenced john galt to 1962. Atlas Shrugged is one of the best books that has even been written and you’re right that is where i got the name. It was fiction at the time it was published in 1957 but it is proving to be fact in 2013.

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  50. BLOOD

    Observer, thanks for the history lesson. I plan to read /research both books. Johngalt, what is the verdict on Officer Hardy? Did he pass the academic test or will he be forced to resign? Has he been fired?

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