DeKalb County deputies have disciplinary hearing after fatal Kingston police chase

DeKALB – The DeKalb County Merit Commission is considering firing one sheriff's deputy and suspending another for policy violations during a March police chase that resulted in the death of a Kingston man.

About 20 people gathered at the DeKalb Community Outreach Building on Thursday in support of the two officers, who DeKalb County Sheriff Roger Scott said violated a number of policies during the chase.

The commission spent the evening reviewing evidence regarding Scott’s recommendation to fire Deputy Meagan Pettengell and suspend Sgt. Ryan Pettengell for 60 days without pay.

The Pettengells, who are married, handled the response to a 911 call March 30 that led to the pursuit of Jeffrey S. Nissen, 25, who died after the chase.

“The risk outweighed the benefit of immediately apprehending him and he was failed,” Scott’s attorney, Jolanta Zinevich, said during her opening statement.

Scott has charged Meagan Pettengell with conduct unbecoming of an officer and violations of: attention to duty, personal conduct, proper use of mobile video or audio recording equipment, proper use of operation of police vehicles and equipment, and the Public Officers and Employees to Obey Act, records show.

Additionally, Scott charged Ryan Pettengell with conduct unbecoming of an officer and violations of: personal conduct, proper use of mobile video or audio recording equipment, proper operation of police vehicles and equipment, and pursuit procedures.

While en route to a domestic dispute at the 11500 block of Baseline Road, March 30, DeKalb County Sheriff’s deputies learned that Jeffrey S. Nissen was attempting to leave the residence in his girlfriend’s 2008 Honda Civic. The girlfriend, who reported the domestic dispute, advised police that Nissen had been drinking, and records show his driver’s license had been revoked, according to a news release from the time.

Meagan Pettengell responded to the call, and as she neared the residence, spotted the vehicle heading westbound on Baseline Road and made a U-turn, video footage shows.

Ryan Pettengell was the sergeant on duty that night, and advised Meagan Pettengell to “terminate” the pursuit because Nissen was driving faster than 100 mph, according to audio of the 911 call.

Meagan Pettengell turned her lights and siren off but continued to follow Nissen, who lost control of the vehicle, hit a utility pole and rolled over several times, video footage shows.

Nissen was ejected from the vehicle in the crash and later pronounced dead, according to the news release.

“You’ll also hear evidence that when Sgt. Pettengell ordered Deputy Pettengell to terminate the pursuit that’s exactly what she did. She turned off her emergency equipment and that’s what the pursuit policy requires,” the Pettengells’ attorney Laura Scarry said in her opening statement. “And so once she terminated the pursuit, the pursuit policy no longer applied.”

Zinevich called DeKalb County Chief Deputy Gary Dumdie as her first witness. Ryan Pettengell contacted Dumdie after the incident, Dumdie said.

“It was obvious to me that there were potentially serious policy violations that had taken place,” Dumdie said.

Testimony continued late Thursday, but no punishment will be decided as a result of this hearing, Merit Commission Attorney John Kelly said.

The commission, composed of three DeKalb County residents, will decide whether Ryan Pettengell or Meagan Pettengell are guilty of any of the charges against them. If they are found guilty, a second hearing will be set to determine their punishment, Kelly said.

Although previous meetings regarding the Pettengells’ employment were held in open session, minutes from those meetings will not be made public until the hearing has come to a close, Scott has said.

The Merit Commission is scheduled to meet again Saturday to discuss the issue.