Confrontation With Constable Caught on Tape

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Posted: 5:15 PM Sep 3, 2008
Last Updated: 6:34 PM Sep 3, 2008

33 comments

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A man says he was just complaining about noise and flashing lights next door when he says he was thrown to the ground and hand cuffed.

The man's neighbor happens to be a Garrard County Constable. Now two Constables are off the job, because the whole encounter was caught on tape.

Nicholas McCoy says for the last 3 1/2 months he's dealt with lights and sirens when he goes to bed.

So, he called police on his neighbor, Mike Mullins, a Constable in Garrard County, but says he didn't get the help he expected. Soon after he made the call, McCoy says Mullins and another constable, Brad Smith, came over and confronted him.

McCoy called 911 again, and the incident was all caught on the phone. The men have not been removed from office since they are elected officials, but they are unable to exercise their powers as constables.

That means they cannot use their blue lights, their badges had to be turned in, and they cannot use radio frequency from the police dispatch center.

Nicholas McCoy tells us he is planning on getting an attorney and plans to file a lawsuit.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: SCOTTY Location: CARTER CO TN on Sep 21, 2008 at 07:40 PM
SOME CONSTABLES ARE GOOD WE HAVE GOOD CONSTABLES IN CARTER COUNTY TN

Posted by: No1Speial Location: Junctioncity on Sep 9, 2008 at 12:03 AM
ok i've just finished listening to the whole tape and this has made me ill to my stomach. i hope you realize the laughing in the background will echo in my mind a very long time. Candi is it ? that's absolutely insane to be laughing while a man thats calling for help is being harrassed by one of your very own. you also told Mullins that you were still on the phone with Mr Mccoy when that wasn't true. Mullins had already took the Phone from Mccoy and hung it up you knew he wasnt there he never answered you when you were saying Hello sir are you there? i hope that the next person that calls in for help gets it, really. thats scary. would you be so quick to Laugh if in turn it was you on the other end of the phone or someone that matters to you ? i think not. you ran his Lp for mullins and treated him like he was the "subject" as you yourself put it. and for the record Mullins never arrested Mccoy in the past so that Motive you had for Mccoys complaint wasnt true either Justice my ...!

Posted by: dan Location: richmond on Sep 7, 2008 at 09:28 PM
charlie in lexington said it the best, constables are to stupid to be cops so they run for the job. the job should be abolished no dought!!!!!!!!!!!!!!

Posted by: charlie Location: Lexington on Sep 7, 2008 at 11:03 AM
Constables are a terrible joke on Kentuckians. The majority of them are not qualified to serve in law enforcement and would not be hired by local agencies if they applied. This elected position needs to be abolished in Kentucky.

Posted by: Stephanie on Sep 7, 2008 at 01:56 AM
OK. Before you all go and hang the dispatchers, I am sure they did not call the constable up and say, "Hey, guess what? We just got a complaint on you." He has a police radio and heard the call like the other police/sheriff did and responded that he would, "take care of it." I would think that that meant that he would either apologize or stop flashing his lights and siren—not that he would bust in and arrest him. And for Lucille, I don't think the dispatcher has the authority to tell someone what to do when someone asks what they should do while an officer of the law is trying to arrest them. I think she would have been out of line to say, "Don't let him" or "punch him in the nose". I am nore sure what exactly it is that you thought she should have said. If you will listen closely, they are talking to the sheriff in the background. How would you have liked them to handle this? They are dispatchers, not police officers.

Posted by: William Location: seky on Sep 6, 2008 at 06:21 PM
The people of south east and eastern Ky is the most abused people in the United States, This area is robed of its coal for energy for other parts of the USA, receive substandard health care, and has a judicial system that would rival a Turkish prison in 1945 most racist part of America unfair distribution's of wealth it is very sad but still the common folk remain pure at heart a simple people not given opportunity most take for granted...When the Gentleman asked the 911 lady can I complain? he seen the Cop and the 911 operator as a alliance against Proof he did not trust the constable or the 911 operator, This shows that he has a distrust of the protective system in General People should not fear the Government the Government should fear the people, if not you have dictatorship

Posted by: Lucille on Sep 5, 2008 at 11:13 PM
I agree both the constables should have been removed from office ,But what about the 911 dispatcher ..Who didn't know WHAT TO TELL MR McCOy TO !!..I figured it was her job to know what to tell him to do ..Why didn't she alert the sheriff or state police to what was happening....

Posted by: Mike Location: Harlan on Sep 5, 2008 at 09:03 PM
I have always felt that constables should have to attend the police academy to learn how to handle situations such as this one without turning it into an abuse of powerand intimidation of the ones they are elected to serve. Constables are all too often undereducated to begin with and many make "it" up as they go along and hope it passes the law requirements of reasonable suspicion and probable cause. I know they serve a community purpose, but most if not all are loose cannons who rely on the law from association of one of their friends who has attended a proper police academy and sought training above and beyond what it required. Over all I feel the office should be disbanded until proper training is assured for them, and safety assured for the public. All it takes is for one to observe a member of the constabulary attempt a proper arrest, especially a felony arrest, to prove my point without reasonable doubt.

Posted by: ROBERT Location: DANVILLE on Sep 5, 2008 at 05:41 PM
The young man was born Nicholas Mccoy, he went to change his last name to Thomas like his fathers. he had all the paper work filled out to do this. and he turned them back in but forgot one, thereforth when he went to renew his drivers license they didnt have the right name so they told him he would have to do the paper work again. so he just left it Mccoy. far as hiding somthing the young mans not hiding a dam thing, he has nothing to hide! and how do i know this? because I AM HIS FATHER! SO SON FOR ONCE IN YOUR LIFE YOUR MAKING THE RIGHT CHOICE. YOU STICK TO YOUR GUNS AND MAKE THEM PAY FOR ALL THE WRONG THEY DONE TO YOU AND THE MANY MANY MORE IN THAT COUNTY!

Posted by: ladybug on Sep 5, 2008 at 03:02 PM
More like DUMB and DUMBER.Keep their badge and blue light and get them outta office.They're a joke!

Posted by: Bob on Sep 5, 2008 at 02:04 PM
A long time ago when most of the roads were gravel or dirt and there were only a few police officers per county the Constables were a good thing. But they are now obsolete. Untrained, under-equiped, and anyone can be one if he can get enough votes. Men with no training and testing should not be out there being police officers.

Posted by: Becca Location: Frankfort on Sep 5, 2008 at 07:21 AM
Barney Fiffe I and Barney Fiffe II.

Posted by: deb Location: ky on Sep 5, 2008 at 06:57 AM
You go Mr McCoy, most of the citizens in every state are behind you! I hope the constables are prosecuted! No man should be above the law!

Posted by: Dave Location: Garden Springs on Sep 5, 2008 at 06:35 AM
This is what you get when you give a power hungry wannabe a badge, another Eric Cartman. Dare you question my authoriti!

Posted by: mike on Sep 5, 2008 at 05:58 AM
if he was doing that to get back at him he should had used a red light so he would had thought it was the fire department

Posted by: steve on Sep 5, 2008 at 05:53 AM
dang on man tell you what oh whooo whooo whooo on the siren man tell you what

Posted by: clay Location: mt sterling on Sep 5, 2008 at 03:55 AM
Those wanting to be a constable are usually wannabes that cannot meet the standards to be a real officers, eliminate this useless haven for the misfits

Posted by: daryl Location: Garrard on Sep 4, 2008 at 09:36 PM
The 911 operator who gave this nut the address should be suspended.

Posted by: c Location: p-burg on Sep 4, 2008 at 09:33 PM
sounds like a good mach for sweeper. of course mayer just sent the pd to clean up after him...

Posted by: k Location: frankfort on Sep 4, 2008 at 09:29 PM
The 911 tapes should have not been relased they are evidence, for which side I do not know. But they should have never been put out until the case is closed...

Posted by: Jason Location: Richmond Ky on Sep 4, 2008 at 06:59 PM
I think that the dispatcher was in the wrong by telling the constable that the neighbor had complained on him she should have sent the state police to take a report on it. The sheriff shouldnt have been sent either because the sheriff is over the constable's in kentucky. I think the constable was in the wrong by going over there but the dispatcher was in the wrong by telling him i think she is the one that needs a reprimand and he needs to be removed from office. Now let me say i know the constable's here in madiosn County cant pull anyone over or anything....

Posted by: retired cop Location: east ky on Sep 4, 2008 at 05:17 PM
It sounds like the constable did not act properly But I also have some questions about McCoy. Why did he identify himself as "Nicholas Thomas" to the operator on the 911 tape? The story says his name is McCoy. Which is right? Did he think he might need to hide his identity for some reason? Maybe he did have warrents on him. Also what was the story behind Mullins saying that McCoy was "raising hell every night."? In my experience a person who "works seven days a week" has very little time or desire to do this. In short there has got to be more to this story. These things don't happen all of a sudden. I'm not trying to say Mullins is blameless, but maybe McCoy isn't as pure as he would have us believe either.

Posted by: Jonathon Location: Morehead on Sep 4, 2008 at 02:23 PM
Just another example of a constable getting out of control. Reminds me of the guy here in Morehead that actually has a website - http://www.rowanconstable.com/ Talk about getting out of control. Also, what was the dispatcher thinking? Good thinking moron - send the violator out to investigate a crime against himself. Let's send a murderer to the scene of the crime to incriminate himself. Kudos for being stupid.

Posted by: ben Location: lex on Sep 4, 2008 at 02:10 PM
Next time he bangs on the door. Just shoot through it and say "I felt threatened". That works around these parts.

Posted by: Paul Location: Lex on Sep 4, 2008 at 10:46 AM
I think its time we put an end to the office of constable. They have all the powers of a police officer but none of the training. What good are they? With a county the size of Garrad, why would an archaic situation like this still be in place? The dispatcher also should be disciplined, all of this stinks of "good old boy" misconduct.

Posted by: BIG Location: BOY on Sep 4, 2008 at 08:56 AM
I WOULD HAVE BEAT THE STUFFING OUT OF THAT CONSTABLE IF HE CAME AT ME LIKE THAT. WHAT A PIECE OF TRASH I HOPE SOMEONE PUTS HIM IN HIS PLACE.

Posted by: Darlene Location: KY on Sep 4, 2008 at 08:09 AM
What about the lady that told the constable that the guy did just call with a complaint? She should have sent someone else out to investigate instead of the perp. Why would you send someone to a house of someone that just filed a complaint on them?

Posted by: SGT Howard Location: Afghanistan on Sep 4, 2008 at 04:49 AM
abusing the powers, they think they should have. they need to be jailed for their actions.

Posted by: nosy rosy Location: floyd on Sep 4, 2008 at 12:00 AM
I THINK IT IS AWFUL WE PAY OUR HARD EARNED TAX DOLLARS FOR PEOPLE LIKE THIS.JUST BECAUSE HE HAS A BADGE HE THINKS HE CAN HARASS PEOPLE JUST BECAUSE THEY WANT TO ACT BIG.OH WAIT HE WAS A BIG OLD FAT A##.HE NEEDS TO BE FIRED AND HIS JOB GIVEN TO THE POOR GUY HE HARRASSED..LET HIM SEE HOW HE LIKES IT,

Posted by: No1Special on Sep 3, 2008 at 09:25 PM
ok first off why would anyone send or let the same constable that you called in to complain about come to your residence ? whats wrong with this picture i think that the 911 operator should have told mullins to leave that there was an officer in route 2 McCoys home to handle the situation instead he tells 911 that hes taking it upon himself to go to McCoys place to handle it ? when McCoy called back the 911 operator acted surprised Mullins was there ? hahahah she knew he was comming hed told her he was and why didnt she have someone raido him and tell him to LEAVE that the sheriff was on his way instead he arrests McCoy boy you guys down that way best not be complaining on any of your neighbors never know who theyre kin too!! lmao

Posted by: Anonymous on Sep 3, 2008 at 06:57 PM
Every law enforcement officer in the state is required by law to attend and pass a state managed academy, which I believe is now 18 weeks long, to be a sworn officer. They are then required to be recertified every year there after to remain employed. Constables have no such requirement, putting a large number of people on the street with a badge and gun and absolutely no training or knowledge, just the ability to get more votes than someone else. I know a few constables that do know something ablut the job and hate to have them lumped in with all the rest, but, with highly trained police officers now working all over the state I see no need for this job to be necessary any more. This is an elected office and can not be easily removed, but, the fiscal court can strictly limit there duties to remove the law enforcement function and lessen the danger to the public.

Posted by: fnord Location: Lexington on Sep 3, 2008 at 06:11 PM
wow...amazing audio. Good for you Nicholas. It looks like justice may actually work on your side!

Posted by: Jess Location: Somerset on Sep 3, 2008 at 05:47 PM
I do not care if he was elect to office.He is try to use power then he got.I think they should do away with constable.

Posted by: lucky! Location: manchester on Sep 3, 2008 at 05:47 PM
I BELIVE THE COP SHOULD BE SUED OR FIRED?HE GOT A CONPLAINT ON HIM AND THEN TOOK IT OUT ON THE MAN THAT IS SO SO WRONG??

Posted by: Douglas Ray Smith Location: Georgetown on Sep 3, 2008 at 05:38 PM
Those who are sworn to serve and protect sometimes get the big head and this is one of those cases. This EX-constable needs to learn his lesson.

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