TUSCUMBIA, Ala. (WHNT) – The appeal process for a Muscle Shoals police officer fired for allegedly killing a deer on federal property while on duty made a moved forward Thursday morning.
Attorneys for Greg Scoggins are appealing the actions that civil service board members took during the hearing that followed his firing.
During a fifteen minute hearing in Colbert County Circuit Court, the defense team for Scoggins listened to the ground rules for an appeal of their clients firing.
Both the Scoggins’ attorneys and the City of Muscle Shoals have been instructed to file legal briefs stating their case to Circuit Judge Jackie Hatcher.
“One of the most important grounds was the standard of evidence used,” stated attorney Billy Underwood. “They didn’t know what standard of evidence they needed to use to either agree with what the mayor did or didn’t.”
Scoggins’ defense attorney Billy Underwood explained one of the grounds for appeal is the fact that the Muscle Shoals Civil Service Board voted in private.
Underwood said that move made by the board violated the open meeting act by voting behind closed doors.
“They are supposed to make findings of fact, that’s what the law says, that’s what all the cases say. They didn’t do that,” stated Underwood. “They just said hey, we are either going to approve it, disapprove it or we can amend it.”
With-in her ruling, Judge Hatcher can uphold the civil service board decision or remand the case back to the board for further testimony.
A decision is expected in late July.
The criminal case against Greg Scoggins is scheduled for June 4th in Colbert County District Court.
Scoggins faces charges of reckless endangerment, hunting from a vehicle and hunting without a permit.