Second Buncombe deputy fired after use of force complaint

ASHEVILLE - The Buncombe County Sheriff's Office on Friday fired a second deputy after a New Year's Eve incident involving force in a home was captured on body camera.

Sean Kent, 30, who was hired in October 2007, responded to a call involving a child custody case at a residence with Tim Teves, a deputy who was terminated from his position Tuesday.

Teves, 34, had been on patrol after a promotion to that role in 2010, while Kent had been on patrol since Oct. 17, according to records provided by the Sheriff's Office.

A complaint was made to the Sheriff's Office on Dec. 31 to a lieutenant on duty, triggering an internal affairs investigation.

Buncombe County Sheriff Van Duncan declined Friday to release any specifics of the incident or to release body camera footage. He also would not comment on possible charges. Both deputies were wearing body cameras.

"We looked at this as a policy, conduct, behavior violation," Duncan said.

Teves and Kent have one documented disciplinary offense each. Kent received a counseling statement on March 12. Teves was disciplined in his first year with the Sheriff's Office for failure of code of conduct.

District Attorney Todd Williams said he hadn't viewed the body camera footage.

Duncan cited an ongoing personnel matter and privacy concerns for those involved in the decision not to release the footage to the media, saying it shows the complainants, their children and their home, as well as their family situation.

Duncan said he believes his department acted quickly and appropriately.

"There's been accountability here," Duncan said Friday. "Immediate, swift accountability."

"In no way am I trying to protect the officer,” he said. “By not releasing body cam footage, No. 1 we believe we are complying with what the law tells us to do in the way of personnel law."

An observer outside of the Sheriff’s Office agreed, citing similar concerns about victim privacy.

"If it’s a situation that’s been handled and he’s been terminated, I don’t see the benefit of releasing it," said Rondell Lance, president of the Fraternal Order of Police Asheville Lodge 1.

Lance said it's up to individual agencies to determine a policy on releasing footage. He said the complexity of the issue is compounded by the fact that body cameras don't often portray the complete situation or interactions prior to the start of the use of force.

Sheriff's deputies start body cameras at the point of contact, Duncan said.

The Sheriff's Office started using body cameras a year ago. At the time, Duncan told the Citizen-Times that his department may release videos to the media in cases where public understanding of any incident is key, saying "if we had a controversial use of force, we could release the video."

On Friday, Duncan said "controversial" use of force would be an allegation that the Sheriff's Office had done something wrong and body camera footage would show otherwise. He said videos would be released in that case.

"There are some things in the gray that we can release to maintain public trust," Duncan said.

This complaint in the incident involving the deputies was substantiated by body camera footage, and "the complainants are fine with the actions taken," he said.

The family involved would have the right to view the footage, Duncan said.

Teves declined comment when reached at his home. Kent could not be reached Friday.