Officer’s trespassing charge to be dismissed
A Chattanooga police officer who was arrested in June for allegedly peeking through his ex-wife’s window and violating a restraining order will have his criminal charge dismissed on “good behavior.”
William McMillan was not supposed to have any contact with his ex-wife or be on her property after their divorce was finalized in Hamilton County on May 3. But about a month later, she told police, her security system captured the 30-year-old McMillan trespassing on her property in Ooltewah, peeking through the bedroom window, then leaving a minute later around 9:30 p.m.
Hamilton County General Sessions Court Judge Gary Starnes ruled July 17 that McMillan’s criminal trespassing charge would be dismissed in six months if the officer stays away from his wife and continues attending therapy.
His next court date is Jan. 10, 2018.
Attorney Stevie Phillips said her client has been shot twice in the line of duty and experienced trauma that affected his personal life.
“His ex-wife and the Assistant District Attorney agreed that dismissing his charge after six months was in his and his family’s best interest,” Phillips said Monday. “Over that six months, Officer McMillan will continue to receive treatment for the injuries he sustained on duty.”
McMillan’s ex-wife’s attorney, Chrissy Mincy, asked everyone to respect her client’s privacy during this difficult time.
Starnes’ ruling means the internal affairs investigation that started June 2 against McMillan can continue, spokeswoman Elisa Myzal said Monday. The department typically investigates any officer charged with a crime and provides findings about whether to “sustain” the allegations or bring punishment.
Before his arrest, the police department placed McMillan on administrative leave in January, Myzal said.
Court records from Jan. 25 say McMillan had just returned from a rehabilitation facility in New Mexico. About four years earlier, the officer was shot in the buttocks, thigh and groin trying to break up a disorder in East Lake Courts.
The suspected shooter, Celvin Houston, was charged in Hamilton County Criminal Court with two counts of attempted first-degree murder, two counts of aggravated assault, and one count of aggravated robbery. Houston has not been convicted, but he is serving a 10-year sentence in federal prison for unlawfully possessing a firearm the day McMillan was shot. Houston, 43, has a lengthy record in Hamilton County and was convicted in October 2016 after a trial in Chattanooga’s U.S. District Court.
Houston’s fifth defense attorney, Amanda Dunn, said Monday she was involved in “significant plea discussions” with state prosecutors and asked to move Houston’s Aug. 9 trial to a different date.
“If we continue the trial date, he may not get one until next year,” Criminal Court Judge Barry Steelman said.
Steelman ultimately set the next appearance for Aug. 29 but held off on picking a new trial date. Prosecutors said they would take Houston to trial if the case is not resolved by then.
Houston also pleaded not guilty Monday to having contraband in a penal institution and aggravated assault, which he picked up in custody in March 2015. He has been at CoreCivic since his arrest in 2013.
According to court records, Houston attacked three guards with a mop after someone turned off the TV while he was working in an eating area. The guards went to the hospital with minor injuries. That same day, investigators confiscated an eightinch plastic knife from Houston.