Fayette County constable, two deputies charged after using police lights on vehicles
A Fayette County constable and two of his deputies face multiple charges of using blue lights on their cars after Lexington officials have repeatedly warned them not to do so.
Fayette County Constable District 1 Wade McNabb and Deputy Constables Tony Coffey and Danny Prather pleaded not guilty Dec. 28 to multiple counts each of prohibited use of blue lights on vehicles.
Lexington Public Safety Commissioner Ken Armstrong said the city has repeatedly advised the constables they cannot use blue lights because they are not emergency responders.
The next hearing in the case is Jan. 26.
Coffey was charged with a similar offense for using blue lights in April 2019 and was convicted by a jury. He received a $100 fine in the 2019 case.
Tucker Richardson, a lawyer for all three men, said he could not comment on the case or the charges pending against the three.
According to affidavits in the court files, on Nov. 2, Lexington police Sgt. Bryan Jared noticed Coffey conducting a traffic stop. Coffey’s vehicle had blue lights in and on his vehicle. Prather later arrived at the same traffic stop in a Gold Brown Crown Victoria with flashing blue and red lights on, the affidavit said.
On Nov. 3, Lexington police were called to Alexandria Drive and Devonport Drive regarding an injury accident involving a Fayette County deputy constable’s vehicle. The vehicle, operated by Prather, did not have any lights on when Lexington police officers arrived. However, McNabb later arrived in a Ford Explorer with blue and red lights working. Coffey arrived at the scene in a Ford Taurus with blue and red lights activated, according to court records.
On Oct. 10, Lexington police Sgt. James Boyd observed Prather conducting a traffic stop in the area of Hollow Creek Road and Rodney Place with blue emergency lights activated. According to court documents, Boyd said Prather told him he had initiated a traffic stop in the area of New Circle Road and Boardwalk, but the suspect vehicle finally stopped on Hollow Creek. The driver ran, and Prather later pursued the driver on foot.
“Constable Prather made reference to hitting a pole and colliding with the suspect vehicle,” the report said.
Constables cannot use blue lights on vehicles unless the fiscal court — in this case, the Lexington-Fayette Urban County Council — permits constables to do so. The council has not given them that authority. Fayette County constables largely serve as process servers, handling eviction notices and other civil summons.
They can conduct traffic stops and write tickets but do not receive the extensive training of police officers. Lexington police officers attend a 32-week training academy.
There are three elected constables in Fayette County, and each can hire deputy constables.
Armstrong said the city had multiple meetings with all constables and deputy constables to explain they had not been given authority to use blue lights.
“The issue was brought to our attention in December of 2018, we discussed it with all three constables on two different occasions during meetings in January and February of 2019, and a follow-up letter was sent in March of 2019,” Armstrong said. “LFUCG had concerns regarding the improper activity and had also had received some complaints on the matter.”
The March 2019 letter warned constables the city would have to charge them for violating state law if they continued to use blue lights on vehicles.
“You must immediately cease using and remove any blue lights installed in or on your vehicles,” wrote Keith Horn, a lawyer for the city, in the letter.
If convicted of prohibited use of blue lights, violators can receive a maximum $1,000 fine and up to 30 days in jail. The charges are misdemeanors.
No other constables or deputy constables have been charged.
McNabb has been in trouble with the police before. McNabb served five years of a six-year sentence for third-degree sodomy, but the state Court of Appeals later overturned his conviction in 2010 due to insufficient legal representation. The charges were dismissed and McNabb later had the charges expunged. He successfully ran for constable in 2018.
In addition to the criminal case, there is also a pending civil lawsuit over constables’ use of blue lights.
Coffey, McNabb and others filed a civil lawsuit in 2019 challenging the city’s authority to regulate lights on constable vehicles. The case was dismissed in Fayette Circuit Court in November 2019, according to court records.. The constables have appealed the dismissal to the state Court of Appeals. That appeal is still pending.
