Sutton appeals firing to Bibb County Superior Court

A former Bibb County sheriff’s deputy who was fired for insubordination is still trying to get his job back.

In August, a hearing officer upheld Clayton Sutton’s firing. Now, Sutton is appealing that decision to Bibb County Superior Court.

In his appeal, filed Sept. 9, Sutton contended that the hearing officer, Joel Howe, made several errors in reaching his decision. Among them, Sutton maintained that:

He was denied his due process and equal protection rights under the Constitution;

Sheriff David Davis fired him without proper notice;

There was no substantial evidence to support Howe’s decision;

Howe’s decision was contrary to the principles of justice and equity;

Howe failed to consider the laws and rules of conduct governing all law enforcement officers -- specifically that officers are sworn to uphold the law and protect the public.

Arthur Phillips, Sutton’s attorney, said preventing his client from doing his duty violates the state’s regulations for peace officers.

“(Sutton) was either a private citizen or an officer,” Phillips said. “Either way, he had the right to effect an arrest because he was a law enforcement officer.”

Phillips said Davis violated the rules of the sheriff’s office by not allowing Sutton to defend himself to Davis, instead getting a letter informing him he was terminated.

“As I understand it, the person doing the firing has to talk (to the employee) and give them a chance to respond,” Phillips said. “(Sutton) was not given that opportunity. He was just given a letter. To me, that’s a wee bit disconcerting. The sheriff has a duty to uphold. ... We contend that the sheriff violated various codes.”

Davis, however, said Sutton’s firing wasn’t any different than any other firing. He said he’s prepared for when the case goes to court.

“It’s the same as what we said before, that (Sutton) disobeyed an order,” Davis said. “He was terminated based on that, and the civil service officer upheld that decision. We’ll move on to the next phase and see what Superior Court says. We handled his termination like we do all terminations.”

Sutton was on administrative duty this year and had been told not to engage in any law enforcement actions. On June 4, while driving home from work, he saw two men in the woods, on the side of the road, putting metal objects into the trunk of a car. He suspected criminal activity.

Sutton called in for help, but before other deputies could arrive, the men left. Sutton followed them for several miles, then eventually confronted them with a gun after they stopped. Davis fired him June 6.

Howe upheld Sutton’s firing Aug. 13 after a hearing in July.

Sutton had been on administrative leave for a shooting-related incident that took place this year that involved Sutton wounding a dog and chasing men on Cherry Avenue. The GBI turned its investigation over to Bibb County District Attorney David Cooke’s office, who said Tuesday he is still reviewing the file.

During that incident, one of the men claimed Sutton got out of his car with his gun drawn, fired shots at the barking dog as it charged at him and also shot toward the men, injuring Shawn Taylor, then 42.

Sutton claimed the man was hurt when he was ordered to the ground and suffered an abrasion on his knee.

Sutton is perhaps best known for his role in a fatal encounter at a Macon grocery store in December 2012. Sutton shot and killed Sammie “Junebug” Davis in the parking lot of the Kroger on Pio Nono Avenue while he was working for the Macon Police Department. A GBI investigation of the shooting concluded that Sutton acted in self-defense.

Phillips said he’s not sure when the appeal will be heard in court.

Information from Telegraph archives was used in this report. To contact writer Phillip Ramati, call 744-4334. To contact writer Oby Brown, call 744-4396.

This story was originally published September 16, 2014 at 11:56 AM with the headline "Sutton appeals firing to Bibb County Superior Court ."