Trooper Tommie Boleyn was terminated on Oct. 18, according to the memorandum, for gross misconduct, conduct unbecoming of an employee in state service, brutality in the performance of duties, assault, etc. Officially, his termination takes effect on Oct. 31.
On Aug. 31, 2013, Boleyn stopped Bryan Leverette on Madison Street in Shelbyville. The memorandum said that the details of the encounter were ascertained from the audio and video supplied by the trooper's dash cam and statements from Shelbyville Police Department Lt. Michael Baker.
The following is the full summary of the incident according to the memorandum:
"Trooper Boleyn, you did not follow the unknown stop and approach procedures, and you approached the vehicle without identifying yourself as a Tennessee State Trooper. Instead, your first words to Mr. Leverette were, 'What's goin' on there, pardner? You have a driver's license with you?' While you and Mr. Leverette were engaged in a conversation regarding his driver's license, you demanded Mr. Leverette look at you on two separate occasions before saying, 'I'm not going to tell you again.' You ordered Mr. Leverette to exit his vehicle and complied. Then, you asked him if he had an ID and Mr. Leverette said no. At this point, you informed Mr. Leverette that you asked a question that required a response. Mr. Leverette stated to you that he had responded no and that he knew he was going to jail.
"As Lieutenant Baker of the Shelbyville Police Department was approaching you and Mr. Leverette, he observed a scuffle which could not be seen on the video. Lieutenant Baker documented that you had Mr. Leverette bent over face down on the trunk of Mr. Leverette's car with your palm around Mr. Leverette's throat/adam's apple, choking him. Your grip altered Mr. Leverette speech and you threatened him with more violence by saying, 'Keep running that mouth and I'm goin' to hurt you.' There is nothing heard in the audio portion of the video recording or, from what Lieutenant Baker observed to justify your action. Mr. Leverette appeared to be compliant.
"Trooper Boleyn, after your initial conversation and physical altercation with Mr. Leverette, you escorted Mr. Leverette into the view of your in-car camera. Mr. Leverette was verbally abusive, however, he was not physically aggressive toward you. Mr. Leverette never appeared to be resisting you in any way. In addition, there were no verbal commands directed at Mr. Leverette to stop resisting. You did not handcuff Mr. Leverette or place him under arrest after the first physical encounter which suggests to a reasonable person that Mr. Leverette did not pose a physical threat to you.
"In fact, you did not charge or arrest Mr. Leverette for resisting arrest. You did charge Mr. Leverette with driving under the influence 3rd offense, implied consent, and operating a motor vehicle with a revoked driver license. Mr. Leverette repeats that he knows he is going to jail and tells you, 'Let's go.' You continued to act unprofessional by pointing your finger in Mr. Leverette's face and telling Mr. Leverette, 'Keep that f--king mouth shut! You hear me?' Mr. Leverette was mouthy and talked with his hands. Again, you threatened Mr. Leverette with violence by saying, 'Put those hands in the air one more time and I'm going to hurt you.'
"At this point, you and Lieutenant Baker are standing beside Mr. Leverette and Mr. Leverette was not acting aggresive toward you. Mr. Leverette continued to speak. While Mr. Leverette was speaking, he raised his hands to waist level. You pounced on him, grabbed his head and neck area, put him in a choke hold, pushed him towards the rear of his car, and bent him over the trunk with your weight on his upper body. Then, you grabbed Mr. Leverette in the area of the back of his neck and moved your right arm in a downward motion as if you were slamming Mr. Leverette's head into the car. The in-car camera's audio indicates that Mr. Leverette's head may have made contact with the car.
"Trooper Boleyn, you then pulled Mr. Leverette off the car with a hold that was restricting his ability to speak and breathe. During this entire encounter, Lieutenant Baker was trying to get you to stop the assault. Lieutenant Baker can be heard on the video telling you, 'Cool out, Tommie. Stop. Let him go, Tommie. Cuff him.' Lieutenant Baker had to repeat his requests to you several times before you released Mr. Leverette. Lieutenant Baker documented that he was afraid you were going to seriously injure Mr. Leverette. Lieutenant Baker further stated it appeared that you were outside of yourself and he had never seen you like that before. Lieutenant Baker's actions of trying to get you to release Mr. Leverette and reporting this incident to his supervisors speaks to the serious nature of your conduct."
This wasn't the first time that Boleyn had been abusive. The memorandum said, " ... your disciplinary history reveals a clear, continuous pattern of abusive behavior toward the public."
- On Dec. 12, 2001, Boleyn received a written reprimand for using the word f--k with a man and accusing him of lying.
- On Sep. 11, 2003, the memorandum states that the trooper "choked a handcuffed subject and escalated the violence of a rather routine traffic stop. You stated, 'I don't give a shit what it says,' 'Put your f--king hands on the truck,' and 'Shut your mother f--king mouth.'" He received a one-day suspension.
- On Aug. 17, 2011, the trooper put his finger in a man's face, told him to shut up, and threatened to take him to jail over a routine traffic violation. The trooper said, "You're about to have a real freaking bad day if you keep that stuff up," and "Pray to God that you don't meet me again." He then told his sergeant to get it over with and give him his time off. He received a two day suspension and anger management training.
- May 21, 2012: A man in a traffic accident called a wrecker service. The trooper threatened to take the wrecker driver to jail. "Keep it up and I'm going to bust your little ass like it's never been busted before." He then ordered the driver in the wrecked vehicle to show the trooper his cell phone to prove he called the wrecker service. He received a three-day suspension.
Boelyn has 14 days since receiving the memorandum to appeal his termination. Examiner requested the dash cam footage yesterday from the Aug. 31 encounter, but was told it couldn't be released because it's evidence in a pending criminal case against Leverette. The DSHS referred the encounter to the district attorney for "possible criminal behavior."
According to the State Employee Salary Search, Boelyn made $4,215 each month, or $50,580 per year.