Macon officer was accused of giving gun to gang member. After case was dropped, he’s suing
A former Bibb County deputy was fired and arrested after a colleague accused him of giving a gun to a suspected gang member. But an investigation has found that the allegation wasn’t accurate, and now the fired officer is suing the sheriff.
Kendrell Daniely has accused Deputy Nicholas Denny, a former co-worker of Daniely, and Sheriff David Davis of maliciously prosecuting him in his lawsuit filed earlier this year. Denny had allegedly told a superior court judge, a grand jury and the district attorney’s office that Daniely violated his oath as a public officer and was involved in street gang activity.
But District Attorney Anita R. Howard decided not to prosecute the case, finding that Denny’s statements weren’t true.
Daniely, who used to be a jailer for the Bibb County Sheriff’s Office, was arrested on charges of violating the oath of a public officer and criminal street gang activity in April 2023. The arrest happened after Denny testified in front of Superior Court Judge Jeffery Monroe that Daniely handed a rifle to an inmate named Jayshwayn Daniely and, from a prior video interview, he stated that his brothers were part of FourKG Crip, a violent street gang in Macon.
“In doing so, Daniely directly violated his signed Oath of Office and clearly displayed he was an associate of the criminal organization FourKG Crip,” Denny said in his testimony, according to the lawsuit.
Daniely was arrested at the Georgia Public Safety Training Center, where he was training to become a law enforcement officer for the Henry County Police Department. He was fired right after his arrest.
On Oct. 3, 2023, Daniely was indicted by a Bibb County grand jury for violating the oath of office and criminal street gang activity. However, District Attorney Anita R. Howard dropped the case against him less than a month later.
“This case was presented to the Grand Jury based on information provided by the lead law enforcement officer (Defendant Denny) indicating the defendant made admissions in a video interview, which were material to essential elements of this crime,” Howard said. “Upon further investigation and review of the interview video, the information related to said material facts relied upon by the District Attorney’s Office through the officer’s testimony was discovered not to be true.
“The interview video had been requested multiple times by the DA’s Office prior to Grand Jury but was only given over subsequent to the Grand Jury presentation.”
Daniely’s lawsuit, filed in September, says Davis didn’t investigate Denny’s alleged misconduct after the case was tossed, and Denny remained employed at the Bibb County Sheriff’s Office. That has since changed.
Denny no longer works for the Bibb County Sheriff’s Office, officials confirmed Thursday evening.
Daniely has asked for a trial by jury and financial damages.
Accused sheriff, deputy respond
Both Denny and Davis filed legal responses to the lawsuit last month, with Davis asking that the case be dismissed. He said the specific claims made against the sheriff “failed to allege essential elements of his malicious prosecution claim and has improperly relied on conclusory allegations to do not comply with the federal pleading standard.”
Davis said in his reply that he is immune from being sued in this issue. He also denied failing to investigate Denny’s conduct or acting maliciously.
Denny denied all of the allegations against him in the lawsuit, including claims that he lied to the superior court judge, the grand jury and the district attorney’s office regarding whether Daniely handed a rifle to the inmate and he had family in a gang. He also said he enjoys sovereign, governmental, qualified and official immunity as a public officer. He wanted the case dismissed and asked that Daniely be required to pay attorney’s fees.
In the meantime, Denny requested that the complaint be dismissed, that a judgment be entered against Daniely, including attorney’s fees and, if needed to address any factual issues, that a jury trial be given.
What happens now?
Daniely’s lawyer, Charlie Cox Jr., requested additional time to respond to Denny and Davis’ responses.
After Cox responds, both parties would present their arguments in person to a federal judge who will decide whether to keep or remove Davis from the lawsuit.
