Birchwood Man Indicted for Perjury in a Civil Trial

CHATTANOOGA, TN—Kenneth Wayne Hafley, 57, of Birchwood, Tenn., was indicted by a grand jury sitting in Chattanooga, Tenn., on March 8, 2011. The two-count indictment charges Hafley with making false declarations in a federal civil lawsuit.

The lawsuit was filed in 2008 against the Hamilton County Sheriff’s Department, Sheriff Billy Long, and three deputies, in a case styled Linam v. Hamilton Co. Government, Billy Long, Easton Pyle, Nathan Sampley and Denise Short, 1:08-cv-106. The lawsuit alleged that the deputies had unlawfully shot and killed Tommy Jones on May 7, 2008. A trial was held in the U.S. District Court in January 2010. Hafley testified for the plaintiff, the administrator for the deceased. A jury found no liability for the shooting, which the deputies alleged was made in necessary self-defense. The indictment alleges that Hafley falsely testified at the trial that he was present and saw the deputies shoot the suspect while he was climbing a fence and then shot him again after they had pulled him off of the fence.

If convicted on all counts, the defendant faces a total of 10 years in prison and $250,000 in fines.

The defendant made his initial appearance on March 14, 2011, before a U. S. Magistrate Judge in Chattanooga. He was released on bond. The trial of the case is set for May 23, 2011, at 9:00 a.m., in U.S. District Court, Chattanooga.

The investigation was conducted by the Federal Bureau of Investigation and the Tennessee Bureau of Investigation. Assistant U.S. Attorney Gary S. Humble represents the United States.

The public is reminded that an indictment is a form of accusation and is not evidence of guilt. The defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.