Lexington police officer resigns after using racial slur, raiding home without OK
A Lexington police officer has resigned while under investigation for using a racial slur.
Officer Tanner Kirby resigned Feb. 8 before disciplinary proceedings against Kirby were finalized. Kirby’s resignation was on the docket of a Lexington council meeting Thursday.
On Oct. 22, Kirby was in the basement of the West Roll Call center on Frankfort Pike when he used the “n” word. When asked by fellow officers what he said, he repeated the word, according to documents obtained by the Lexington Herald-Leader through an Open Records Act request.
During an internal affairs investigation, Kirby did not deny he used the derogatory word but said he was repeating words in a song. Kirby said he knew he should not have said the word at that time and reported it to Sgt. Thomasena Grider.
Kirby’s account differed from other officers who were present on Oct. 22, records show.
Those officers told public integrity unit investigators Kirby showed no remorse after using the word.
“The other officers and Sgt. Grider all said that he told them he had used the word before in casual conversations with his friends. According to the other officers, it was not until Officers Carrier and Wier took Officer Kirby outside, did Kirby acknowledge he had made a mistake,” according to public integrity documents.
Public integrity officers recommended Kirby be charged administratively with official misconduct.
Racism within the police department came up during the February termination hearing of officer Jervis Middleton before the Lexington council. Middleton, who is Black, said during that hearing that he had reported as early as 2019 several instances of racial taunts and discrimination. Yet, a human resources investigation into those complaints had only recently begun. Middleton was ultimately fired for violating several policies by disclosing to a protester information about officers working last summer’s racial justice protests.
Kirby had previously been in trouble for misconduct.
On Nov. 6, 2019, Kirby and another officer attempted to locate someone who was wanted on a misdemeanor warrant.
Officers believed the subject was in an apartment in the Spangler Drive area. After several attempts to make contact, Kirby and the officer contacted their supervisors who told the officers they did not have cause to enter the home, according to disciplinary records.
Kirby and the other officer ultimately entered the home through an unlocked back door.
A woman and two children were inside the home.
According to footage from Kirby’s body-worn camera, Kirby told the other officer helping him that he was in pursuit of the subject. Yet, no pursuit had occurred, according to police internal documents and Kirby’s own body-camera footage.
Kirby then told the people inside the apartment that he had permission to kick in the door, even though that permission was denied by superiors, according to disciplinary records.
When Kirby and other officers entered the home, they had their weapons drawn.
“Both officers search the upstairs of the residence and find that the suspect is not there. During the search, the residents repeatedly demand to know why the officers are inside the home and why they need to have their weapons drawn,” according to the documents. “Officer Kirby is the officer who engages most with the residents. His language, tone, and manner appear to be accusatory and disrespectful.“
In an interview with Sgt. Greg Wims, Kirby’s superior officer, Wims told public integrity unit investigators Kirby frequently questioned his superiors’ decisions and orders.
“’He has a response for everything’ and never seems to understand or agree when he has been given correction. Sergeant Wims finished by saying that Officer Kirby ‘seems to be smarter than me all the time.’”
In the November 2019 incident, public integrity investigators recommended Kirby be charged with official misconduct. According to Kirby’s personnel records, Kirby received a written reprimand on March 19, 2020, related to misconduct. The information in Kirby’s personnel file did not include details of that written reprimand.
Kirby could not be located for comment.
The disciplinary file also included emails and letters from citizens thanking Kirby for his assistance in dealing with a mentally ill relative and his kindness and professionalism at accident scenes.
This story was originally published March 15, 2021 at 12:34 PM.
