A longtime law enforcement officer, now retired, spoke to the Leitchfield City Council on Monday night regarding the actions of Leitchfield Police Sgt. D.J. Newton on the night of June 9, 2024, when Newton and other officers forced a family from their smoke-filled burning home that contained lithium batteries (which started the fire) as well as firearms and ammunition.
Newton was recently indicted by a special called grand jury on multiple misdemeanor charges related to his actions that night: Two counts of fourth-degree assault, two counts of third-degree terroristic threatening, first-degree criminal trespassing, and two counts of menacing.
He has been placed on unpaid leave by LPD.
Moutardier’s statement
Tim Moutardier, a 39-year law enforcement veteran who served with the Leitchfield Police Department for 17 years, addressed the city council by first confirming that the city of Leitchfield has its insurance through Kentucky League of Cities (KLC).
He then stated:
“Kentucky League of Cities policy and procedure manual: Officer will not enter an active fire scene to recover any animal/family pet, officer shall … make every attempt to prevent anyone other than fire personnel from entering an active fire situation.”
“When you say ‘shall’ to a policeman, it don’t give him the option,” Moutardier stressed. “He don’t have the option to say, ‘I’m not doing it.’ ‘Shall’ means you will do it, or they’ll find somebody else to do the job.”
Again, reading from the KLC manual, Moutardier said: “Imminent life-threatening situations: If personnel believe an imminent life-threating situation, where immediate action could prevent the loss of life or serious physical injury, enter into a hazardous area shall be permitted.”
“Officers had 15 seconds to make a decision,” Moutardier said. “That 15 seconds you had a man with a water hose, I understand he wanted to save his house, I would to, I would to, I’d be the first to say that … you got a man with a water hose (and) they’re telling you there are lithium batteries in there, they’re telling you they’re blowing up. You’ve got a smoke-filled house.”
“You all paid him … You all hired him to go in that house. You all paid him … You hired him to keep anybody other than fire personnel from going in that house,” Moutardier stated. “My opinion, it’s a disgrace to the police department that he’s not being paid right now, because you’re punishing the man for doing his job. He never broke a single law. Not one.”
“He was told … that’s his job. If he has to use force to keep that person out. Then that’s it. That’s just the way it is,” Moutardier proclaimed as he ended the statement.
Leitchfield Mayor Harold Miller told Moutardier that city officials are not able to comment, but that he and council members are willing to listen to constituents’ concerns.
“And as we said earlier, we definitely, we want to hear everyone’s concerns. We do. We are open to speaking to anybody. There’s just not a lot of comments we can make at this time, pending litigation. Attorneys have told us, the KLC attorneys have told us that we don’t need to make any comment at this time. Anytime that anyone has a concern or questions or anything like that, and I think I speak for the council, any of us would be willing to sit down and listen to you. And I believe that.”
Choices of evil
Going hand-in-hand with the KLC directives pertaining to police officers not allowing anyone other than firefighters into a burning structure, Kentucky Revised Statute 503.030, entitled “Choices of evil,” states in part: “… conduct which would otherwise constitute an offense is justifiable when the defendant believes it to be necessary to avoid an imminent public or private injury greater than the injury which is sought to be prevented by the statute defining the offense charged …”
To read the full statute click here.
Lawsuit
K105 reported Wednesday morning that the father and son involved in the situation, Lannie and Daron Fentress, have filed a lawsuit against the city of Leitchfield, Grayson County, the Leitchfield Police Department, and Grayson County Sheriff’s Office. They are also suing Newton and LPD Officers Justin Cockerel, Brian Jennings and Tamara Jupin along and Grayson County Deputy Thomas Lane.
The lawsuit was filed in U.S. District Court in Owensboro.
Both Fentress’ were arrested on the night of the fire. Lannie Fentress’ charges were later dropped.
Decorated officer
He was voted the Leitchfield Police Department’s Officer of the Year in 2021 in a vote by his peers. He was also named Deputy of the Year in 2018 while employed by the Grayson County Sheriff’s Office.
Newton, who was first hired as a police officer in December 2016, won the Governor’s Impaired Driving Enforcement Award in both 2020 and 2021.
“Officers quickly administered Narcan to the unresponsive subject and each officer became involved in continuous CPR administration,” LPD Det. Sgt Ian Renfrow stated at the time. “Without the action of these officers, the outcome would have likely resulted in the loss of life … The Leitchfield Police Department proudly acknowledges their actions and praises them for their service to our community.”
Additionally, in September 2021 he sniffed out an early morning house fire while patrolling West Main Street.
Newton, who said the home at 208 West Market Street “was obviously on fire,” and LPD Sgt. Keith Harrel, beat on the front door of the house before kicking the door open as the two officers attempted to save the occupants. Unable to make their way very far into the home because of incredibly dense smoke, the officers then tried to enter through the rear of the residence, but were likewise unable to enter.
With the help of Grayson Count Central Dispatch, it was soon determined that no one was in the structure.
(Photo: Retired law enforcement officer Tim Moutardier (at podium) preparing to speak to the Leitchfield City Council.)
By Ken Howlett, News Director
Contact Ken at ken@k105.com
