The top aide to Atlanta Fire Chief Dennis Rubin is under investigation and department officials under a microscope for the way they're handling it. Police say Lt. Carlton Jinks was found asleep and smelling of alcohol, behind the wheel of a fire department car, late last month, out of zone in Union City. The Lieutenant told police he'd been drinking, but there were no charges. Investigative reporter Dale Cardwell uncovered the story.
Firefighters infuriated by what they call "special treatment" for the man who works directly for Chief Dennis Rubin.
Carlton Jinks is an Atlanta firefighter and the personal aide to Chief Rubin. On January 20th, he drove a car to Union City, where he attracted a patrolman's attention.
"From the incident report, the officer made contact with the individual and identified him, and uh, there was an odor of alcoholic beverage about his person, and in conversation with him, he did admit consuming alcoholic beverage earlier in the evening," said Patrolman George Louth with the Union City Police Department.
"I have no comment until the process is complete and the investigation is finished," said Chief Rubin.
The incident took place on Buffington Road at 4:24 in the morning. What the report doesn't show, but police have confirmed, is that Jinks' car was sitting in the middle of the road and while the engine was running, Jinks was asleep. But officers didn't charge him with DUI.
"The decision was made not to make a DUI case," said Louth. Why? Because his fire department car wasn't moving.
"The Georgia statute for DUI says the person has to be driving or in physical control of a moving vehicle," said Louth.
"I think it's ludicrous, it's ridiculous," said Allen Stoudenmire. Stoudenmire is a certified policeman and a former investigator in the Atlanta Fire Department. He believes the evidence suggests something else.
"I think that they were probably giving him professional courtesy because he"s a public safety employee," said Stoudenmire.
Channel 2's Dale Cardwell asked if there was any favoritism shown to Lt. Jinks. Louth said, "No." Stoudenmire said he, "Totally disagree(d)." And Stoudenmire says the radio traffic proves it.
This is what was heard over radio traffic: "Do me a favor, get me a phone number for the highest ranking officer on duty for the Atlanta Fire Department." The dispatcher responds, "Okay, what's your cell phone number?"
The Union City audio, obtained by Channel 2, shows the officer used his cell phone to call Jinks' Atlanta superiors, who came to the scene and collected the car, allowing Jinks to go home with a relative.
"He should have been tested, there's no excuse," said Stoudenmire.
Stoudenmire, who spent 8 years enforcing the fire department's professional standards, says the favoritism continued when Atlanta didn"t follow what he calls, its long-standing practice.
"We would pick up that firefighter immediately, take him to a city facility that's recognized to do the substance abuse analysis testing, and he would be put on administrative leave with pay pending the outcome of the results and the investigation," said Stoudenmire.
We asked the chief why his aide wasn"t tested. "At this point, it doesn't appear as though Union City has placed any charges on Lt. Jinks and it appears as though its not much of an incident, but it is still under investigation," said Chief Rubin.
Cardwell asked Chief Rubin if he was called that night and Rubin said he was called in the morning. Chief Rubin was also asked if Jinks was placed on administrative leave and if Jinks was still his aide. Chief Rubin said Jinks was not placed on leave and is still his aide.
Late Tuesday afternoon, the Assistant Fire Chief who made the call that Jinks not be tested, defended his decision on camera. "Once Lt. Jones arrived on the scene, again, who's with the Office of Professional Standards, he advised me via telephone that he did not smell any alcohol on Lt. Jinks' person nor did he see any alcohol in the city vehicle."
And about Union City's claim they couldn't arrest Jinks because his car wasn't moving? We asked the State's Attorney General about that. His spokesman told us, "The Georgia courts have consistently found that the officer need not observe someone driving the car, or the car to be moving, to arrest and convict the person of DUI."
Both Union City and Atlanta insist there was no special treatment.
