Widow of deputy killed during chase files lawsuit for damages
The lawsuit was filed in the U.S. District Court of Middle Tennessee on behalf of Rhonda Musice, whose husband was killed on July 9, 2003, when he was struck by a car driven by Fallon Tallent. She had been on a seven-day crack binge when she led police on a chase that began in Knoxville and ended in Lebanon.
Killed along with Wilson County Sheriff’s Deputy John Musice was Mount Juliet Police Sgt. Jerry Mundy, who was struck as he placed spike strips onto Interstate 40.
The suit has a long list of defendants other than the Knoxville Police Department. Police Chief Phil Keith and officer Blake Barham also are included, along with Tallent.
Tallent, of Maryville was convicted June 30 on two counts of first-degree murder. Wilson County Circuit Court Judge John Wootten gave her two life sentences but will decide Aug. 23 if she will serve the sentences consecutively or concurrently.
She must serve at least 51 years before being eligible for parole if the sentences are concurrent.
Tallent struck Mundy and Musice with a 1986 Mercedes-Benz reported stolen by its owner, Maryville chiropractor Woodrow Gwinn. Trial testimony showed Gwinn had loaned the car to his son, who traded use of the car to Tallent for drugs.
Both Gwinn and his son, listed as “John Doe,” are named as defendants in the suit.
Gwinn could not be reached for comment.
In a written statement, Keith denied KPD had any role in the deaths of Musice and Mundy.
“The Knoxville Police Department regrets the loss of life of these two officers, but this department is not responsible for their death as this lawsuit claims,” the statement reads. “It’s regrettable that the surviving family members of these two officers have been led to believe that our officers are responsible for their tragic deaths. The Knoxville Police Department is not responsible in any way.”
Knoxville police are being blamed for Musice’s death due to an earlier pursuit of Tallent. Witnesses reported seeing Tallent driving at speeds up to 100 mph through Smith and Cumberland counties before the crash.
The lawsuit contends KPD knew Tallent had a reputation for running from police and once brandished a gun in an effort to get away from authorities in Blount County.
Despite that, the lawsuit claims, Barham was ordered to stop his pursuit of Tallent, and KPD officials never alerted the Tennessee Highway Patrol that Tallent was driving the stolen car.
Keith has previously said that Knoxville police notified only Blount County authorities of the Tallent incident because officials believed she would return there.
Tallent’s attorney, Craig Garrett, could not be reached for comment on the lawsuit.
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Information from: The Knoxville News Sentinel, www.knoxnews.com