The Magnolia town board will continue discussions this evening on personnel matters regarding police Capt. James Kenny who was convicted of a misdemeanor last month. Meanwhile, some aldermen question if Magnolia Police Chief Ray Reynolds had prior knowledge of the case and failed to act.
Kenny, the Magnolia Police Department’s second in command, was convicted in Pike County Court on March 21 for violating a protection order filed by 52-year-old Sheila Brown. He received a 30-day suspended sentence, pending his payment of a fine and successful completion of a six-month probationary period.
Kenny, a parttime officer, was placed on unpaid leave three days following his conviction.
Reynolds said he knew neither of the protection order, which was filed Feb. 12, nor of the charges filed against Kenny on March 5.
Brown, however, gave the Enterprise-Journal copies of three separate statements she says she made to the police department in October in which she accuses Kenny of assault and misconduct, including Kenny’s alleged use of his patrol car to travel to Brown’s house in Summit and to bring Brown with him on a trip to the State Crime Lab in Jackson.
Furthermore, Brown said she was misled by officers into thinking that she was filing charges against Kenny when in fact the officers did not write a report.
The first statement, made on a “Statement of Facts” form typically used by law enforcement agencies, is dated Oct. 6, 2013, and indicates the location as “Magnolia PD.” It contains Brown’s signature as well as the signature of a witness, Brown’s daughter.
Among other things, Brown writes in the statement that she had been “constantly trying to get in touch with Ray (regarding) James Kenny, due to his actions.” Brown goes on to state:
“James (has) been to my home in the patrol car. I’ve been to the crime lab with James Kenny in the patrol car” ... “James has assaulted me twice, 2nd time at Love’s Truck Stop, and at my home he burst my lip as he threw me to the bed.”
Brown said that after receiving no response from Reynolds, she wrote two more statements and left them at the police department, even sliding one of them under Reynolds’ office door. The additional statements, each two pages long and written on generic pieces of paper, detail most of the same allegations made in the first statement.
In the third one, addressed “To Ray, Magnolia City Police Dept.,” Brown begins by writing, “3rd time notice to you. Contact never (has) been made after you told me to come down.” ... “I don’t want to believe that I’m being ignored due to any favoritism cause it’s your worker, James Kenny, that I’m reporting.”
Brown also writes that she spoke to an officer while delivering the letters to the police department.
Reynolds, however, has said he never received or saw any letters or statements from Brown. He also pointed out that the “Statement of Facts” form does not have any official letterhead or markings from the Magnolia Police Department.
Aldermen Joe Cornacchione and Lonnie Cox said Reynolds should have done something to correct the situation before it resulted in a conviction.
Until March 24, Kenny’s work for the police department went uninterrupted, despite the court’s issuance of the protection order in February, the charge filed against him on March 5 and the subsequent conviction on March 21.
Cornacchione said Reynolds should have known about the situation when it began and should have placed Kenny on paid leave, pending the court’s decision.
Most law enforcement agencies have policies that require officers to notify a supervisor if they are involved in any type of court action.
McComb Police Chief Scott McKenzie said his department has such a policy in place.
“They’re supposed to notify us if they’re involved in any kind of criminal or civil action,” McKenzie said. “For instance, if one of our officers gets arrested, he’s required to contact his supervisor as soon as he gets out.”
He referred to a detective who in 2012 was the target of a verbal accusation of domestic assault. While the detective was never arrested or officially charged, on the same day the accusation was made, he was placed on paid leave pending the investigation. He returned to work several days later when the accuser recanted her statement.
Reynolds said he would have to check to see if his department had any such policy.
Kenny could not be reached for comment. A phone number previously used to contact him has since been disconnected.
The board met earlier this month to try to decide on any possible disciplinary action for Kenny but failed to come to an agreement. The meeting was recessed but not adjourned. The board will continue talks at 5:30 p.m. today at City Hall.
