Tow truck favoritism alleged in lawsuit

A tow operator who is suing the city of Shelbyville made more claims of favoritism Tuesday, calling for the firing of the police chief and his deputy.

However, the city council made no comment about the allegations and the city recorder told council members they can not be speaking with Bushnell about the issue, nor should he have been permitted to address the council.

Bushnell, owner of Quality Collision and Towing, filed a federal lawsuit last year against Bedford County, the city of Shelbyville, its police department and a competing wrecker service, alleging that towing and repair jobs were steered toward one business.

He is asking for $300,000 in compensatory damages, plus an unknown amount of punitive damages, as well as a jury trial.

Request allowed

Councilman Lee Roy Cunningham said that Bushnell wanted to address the council and the tow operator began by playing a recording of police radio traffic that he claimed showed that law enforcement called for a wrecker using an officer's personal cell phone.

Bushnell alleged that favoritism continued in the Shelbyville Police Department in regards to other wrecker services and said he had proof, handing out copies of wrecker call sheets. He also displayed still photos of law enforcement vehicles parked in front of his business, but Bushnell gave no context to the documents nor the photos as to their meaning.

One incident Bushnell cited did not even occur inside the city limits, but within the jurisdiction of Bedford County.

Bushnell also made unspecified allegations about city purchases orders and demanded that the council fire police chief Austin Swing and deputy chief Mike Rogers, who he claimed were allowing the alleged favoritism to continue.

At one point, Bushnell held up a CD that he claimed contained recordings of 911 radio traffic that had been altered and deleted, but he gave no proof of the allegations nor did he play the recording in question.

Council admonished

City recorder Betty Lamb reminded the council after Bushnell made his list of accusations that city attorney Ginger Shofner has instructed them not to talk to the tow operator about his allegations.

"He is in a lawsuit with the city," Lamb said. "The council can not be talking to him." She added that the council should not have allowed Bushnell to address the council on the matter either.

Shofner was not present for the city study session due to illness. Rogers told the T-G after the meeting that he did not feel comfortable addressing the allegations without getting permission from the city attorney.

Lawsuit's claims

In his suit, Bushnell alleges that the defendants violated the Racketeer Influenced and Corrupt Organizations Act (RICO), had tortuous interference with prospective business advantage, violated the Sherman Antitrust Act, violated his constitutional rights and failed to comply with the Freedom of information Act.

The suit alleges that for approximately the past 35 years, Shelbyville police, the city and county "engaged in an established pattern ... which has involved the purposeful routing of wrecker calls and body repair work through a single, local business known as 'Beeches Body Shop'..."

The firm was previously owned by J.C. Beech and is now operating under the name "Ray's Paint and Body," owned by Ray Brown, identified in the suit as a relative of Beech who has managed the tow service for many years.

Bushnell charges in the suit that in exchange "for either reduced or free towing and repair services on city, police and county vehicles," law enforcement for both the city and county allegedly manipulated the informal wrecker rotation schedule the city had set up until this year.

"The practice is believed to have been based initially on a family relationship with local political leaders, and is also related to two judicial commissioners who have worked as drivers for Beeches and Ray's," the suit claims.

Bushnell alleges that some records documenting manipulating the rotation system "have been destroyed or altered," and that other tow operators "observed an established pattern" where business was directed to Beech's and "clumsy alterations of the wrecker rotation schedule documents in an attempt to conceal the favoritism."

He also charges that since becoming increasingly vocal about the alleged practice in recent years, he has been subjected to retaliation, "particularly by members of the Shelbyville Police Department."

City's response

Former city manager Ed Craig said in response to the suit last year that he did not believe that there were any facts that would support Bushnell's allegations.

The jury trial is set for May 25, 2010, in United States District Court in Winchester before District Judge Harry S. Mattice Jr.