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Main image: A former landing on Blythe Ferry Lane (Google Maps); Inset left: Tabitha Smith (Selfie); Inset right: Deputy RJ Leonard (Meigs County Sheriff’s Office).
A Tennessee woman drowned while handcuffed in the back seat of a deputy’s patrol car earlier this year. Now, her widower and heirs want the Meigs County Sheriff’s Department to pay for the “failure in training” that led to both the woman’s and the deputy’s death.
Tabitha Smith, 35, was taken into custody for an unknown reason at around 9:50 p.m. on Valentine’s Day. Moments prior, Robert John “R.J.” Leonard, Jr., 35, radioed dispatch about an alleged disturbance on the bridge over the Hiwassee River. By 10:03 p.m., the deputy sent a final radio transmission — shouting “water” as he and Smith drowned.
In March, the dead woman’s adult son, Nathan Smith, filed a seven-count federal lawsuit in the Eastern District of Tennessee against Meigs County and Leonard’s estate. On Monday, the woman’s surviving husband, Kenneth Colbaugh, filed a similar lawsuit — adding the sheriff’s department and other defendants. At the same time, Colbaugh and Nathan Smith are pressing dueling claims over who will represent the victim’s interests in probate court.
While the outcome of the intra-party dispute between Nathan Smith and Colbaugh is anyone’s guess, the combined lawsuits against Meigs County are based on previous admissions from local law enforcement.
The deaths resulted in an outpouring of grief, controversy, and ire in Meigs County after 9th Judicial District Attorney General Russell Johnson gave a press conference in which he revealed that Leonard had been texting his wife about the arrest while driving. The district attorney surmised that the deputy likely “wasn’t paying attention” and drove down a disused ferry landing and into the river.
The deputy’s body was found the next day in the river; the woman’s body was found “covered in a deep layer of mud and silt” in the back seat of the deputy’s vehicle — which was nose-down in the river.
Colbaugh, for his part, is suing on behalf of his wife — whose name is rendered “Tabatha Marie Colbaugh” — as well as himself in the federal lawsuit filed Monday. The filing also mentions that the widower plaintiff shares legal counsel and legal interests with the deceased’s three minor children — who are not plaintiffs but heirs to her estate.
“Meigs County provided some, but yet inadequate, training for Mr. Leonard prior to allowing him to act as an officer and effectuate arrests,” the lawsuit reads. “As a direct and proximate result of the acts and omissions of Mr. Leonard and Meigs County, Ms. Colbaugh wrongfully died while in their custody.”
Nathan Smith’s lawsuit also singles out the training Leonard received — or, rather, the alleged lack thereof.
“Leonard was not properly trained by the County to know his assigned area of patrol and know the nature of the incident location,” the earlier lawsuit reads. “Leonard was not properly trained or supervised by the County to refrain from the use of his cell phone while transporting an arrestee in a patrol vehicle. Based upon information and belief, Leonard was not properly trained or supervised by the County to ensure the safety of the Deceased while in his custody.”
During the late February press conference, officials said the area near the Blythe Ferry boat ramp where the car was found is considered dangerous, particularly at night, and even more so for those unfamiliar with the area. Leonard, it turned out, had just moved to the Volunteer State from upstate New York a few months before the fatal crash.
“It can be a very dangerous spot for folks that aren’t local,” General Sessions Judge Casey Stokes told assembled media in February.
Several cars have driven into the river, authorities said. There is currently only one sign and one set of rumble strips that control traffic near the private boat launching site.
Then there is the detailed commentary from the county’s top law enforcement official about Leonard texting and driving, information that was allegedly learned due to a joint investigation.
“At the very same time, he was also texting his wife,” Johnson previously said. “It’s my understanding he sent a one-word text that said ‘arrest.’ … His wife texted back and said: ‘That’s good’ or ‘that’s great.’ We know that he did not receive — his phone did not evidently receive that text.”
Colbaugh’s lawsuit takes the county and the sheriff’s office to task for all those factors — and the evidently fatal way they worked in unison.
“By committing a Class C misdemeanor by texting and driving while Ms. Colbaugh was handcuffed in the back seat, Mr. Leonard engaged not only in criminal activity, but acted with deliberate indifference to the safety of Ms. Colbaugh,” the lawsuit goes on. “That, coupled with the apparent inability of Mr. Leonard to navigate the route from the arrest scene to the police department reflects a failure in training where: 1) Mr. Leonard disregarded criminal statutes; 2) Mr. Leonard lacked knowledge of his patrol area; and 3) Mr. Leonard disregarded rumble strips and warnings designed to avoid driving into the river.”
Each of the lawsuits allege gross negligence and myriad other theories of liability, including civil rights violations and wrongful death.
Nathan Smith’s lawsuit seeks damages of at least $10 million.
Colbaugh’s lawsuit does not supply a dollar amount but seeks compensation for several forms of damages, including injury, death, emotional distress, fright, mortification and fear, loss of consortium, attorney’s fees, and interest, as well as damages to be determined.
