UPDATE: Deputy resigns following Walmart shooting - Huntsville News | WAAYTV.com and ABC 31: Appnews

UPDATE: Deputy resigns following Walmart shooting

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Posted: Monday, April 21, 2014 1:30 pm | Updated: 6:04 pm, Mon Nov 24, 2014.

Morgan County, Ala. (WAAY)- Sheriff Ana Franklin confirms Deputy Brian Fulford has resigned, following a meeting with her department on Monday afternoon.

Last week, Fulford was placed on non-paid leave after he was charged with assault after a shooing Tuesday at a Huntsville Walmart.

"He came in and announced he felt like it would be in the best interest of himself and his family and well as the sheriff's office and our other employees, the community at large, if he resign" said Franklin.

Franklin said Fulford arrived to an administrative hearing with her and her command staff but before the hearing began, Fulford announced his resignation.

Fulford is facing a 2nd degree assault charge after the Huntsville Police Department released their finding to the Madison County District Attorney's Office. Fulford turned himself in after a warrant was issued Friday. Fulford was released on a $5,000 bond.

"That will give him time to focus on his family during this time and also to work on trying to go through the process, through court as far as answering the allegations and charges against him" said Franklin.

Officials say Deputy Fulford attempted to arrest David Horton while off-duty at the Wal-Mart on South Memorial Parkway. Horton was wanted on a felony charge in Morgan County. Investigators said Fulford fired a shot and hit Horton in the backside.

Horton was taken to Huntsville Hospital with non-life threatening injuries. Horton was booked on his felony charges.

Franklin said the resignation ends her investigation into Fulford's actions.

"We're relieved of that. We don't have to do that now and I'm thankful for that" said Franklin.

Franklin said Fulford was hired as a jailer in 2009 and promoted to deputy in 2011.

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1 comment:

  • bb posted at 1:21 pm on Sat, Apr 19, 2014.

    bb Posts: 1

    OK media get ready. Many of the comments by the listeners are asking why did this happen, how could this shooting happen? Well! Guess What? It starts at the top. I am sure Sheriff Franklin has already called a press conference for Monday showing her regrets over this unfortunate incident. It’s the talk of the entire sheriff’s office. She sure didn’t shut her mouth during the time the Huntsville PD was trying to conduct their investigation into the shooting. Wish she had done a little bit more talking when all the dogs were shot over the past three years.

    We all knew that before long the shootings would go from dogs to humans without adequate training and supervision. Sheriff Franklin is never in the office until after four. No! I mean 4:00 p.m. not a.m. There is no direction, no supervision, and no training. The sheriff has left the management of the sheriff’s office to Livingston who can’t pass the APOST training. The sheriff has moved the warden out of the jail and placed the jail under the direct supervision of Berzett who is not APOST certified. Berzett just hired his granddaughter as a dispatcher. The sheriff told him he could because she hired her daughter in June 2012 and she didn’t get into trouble, according to the sheriff in a recent Republican Party speech “the press just loves me.”

    Sheriff Franklin took office and began her first turbulent year and the beat goes on and on and on and on and on! Our sheriff is a disgrace to our County. I am challenging all of the deputies that still have a career in the Morgan County Sheriff’s Office to retreat now while you still have a career. See below a few of the dangers the sheriff has placed you in personally.

    Out of Sheriff Franklin’s own mouth comes these words. Please be advised that effective as of January 18, 2011 at 12:01 a.m., the date I took office as Sheriff of Morgan County, that the provisions in the Morgan County Sheriff’s Manual of Rules and Regulations adopted by former Sheriff Greg L. Bartlett relating to the appointment, hiring, supervision, discipline, promotion, demotion, termination, and any other related personnel provisions in said Manual have no further force and effect or application to any Deputy Sheriff’s employed at the Morgan County Sheriff’s Department.

    There are a few things wrong with what the sheriff did. 1) The state rules, regulations, policies, procedures and let’s not forget laws does not allow a sheriff or any other employee or elected official to RETROACTIVELY rescind an official document. 2) Prior to an official manual being retired from existence the official must have an approved draft accepted by and approved by the state prior to retiring the existing manual. 3) Reference State Attorney General Opinion, dated July 9, 2008, Question: Can Morgan County place all employees of the sheriff’s department under a personnel policy adopted by the sheriff? The question was answered and the sheriff department employees were transferred to the Manual that Sheriff Ana Franklin retroactively rescinded dating back to the day she took office.

    Sheriff Franklin should have been fired immediately upon signing a document retroactively. She successfully placed all of the sheriff’s deputies in a potentially dangerous and vulnerable position with now written direction. The latest incident with Deputy Fulford is a clear example of lack of training and guidance through a formal Sheriff’s Manual, Policy, and Procedure. The citizens will blame the deputy the sheriff will make sure of it. Was deputy Fulford wrong? You bet. Does the sheriff have any fault in the incident? You bet. WHERE THE HECK IS THE STATE AGENCIES THAT SHOULD BE IN MORGAN COUNTY RIGHT NOW RELIEVING OUR SHERIFF OF DUTY BEFORE SOMEONE ELSE IS HURT OR KILLED?

    Tell me Sheriff Franklin what manual are you using these days? We have never seen a manual. Which manual did you use to terminate the deputies on your watch? Let me read just a little of the State Attorney General’s Opinion. “It is the opinion of this Office that the Morgan County Commission may transfer its right to supervise employees to the sheriff as long as the personnel policies of the county commission and the sheriff’s office are closely aligned, no employee will be deprived of a property interest, and no employee receives incongruent or inconsistent treatment as a result of the use of either of these personnel policies.”


    The press should realize that each time the sheriff calls you out to one of our so called Meth bust and has us open the container and let the fumes seep out that she is putting you at risk as well. Hay press, don’t worry about that just keep chasing her tail. I am sure she wouldn’t try to sway the press. I am also sure the press can’t be swayed. Hum!

    Unfortunately, for this deputy and many other employees of the sheriff’s department the sheriff has ice water running through her veins, a dry ice heart, and a will to get reelected at any cost. I guess the seat on the FBI did not work out for her. How else can Sheriff Franklin survive without the use of the sheriff’s truck to haul her horses around, carry hay, take beauty queens to Oklahoma, use our tax dollars to repair her truck after she put off road diesel in the truck and locked up the motor, fired a black lady on her third bout of cancer, and allowed many others to resign rather than be fired. You know who I am talking about sheriff. Shame on you.

    Yes public I have gone on and on. I wish you knew half the truth about the sheriff then you could have some compassion for the persons who work for her.


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