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Former KPD officer granted judicial diversion, could have charges expunged

Kacie Breeding • Nov 1, 2012 at 10:03 AM

KINGSPORT — A Kingsport Police Department officer who resigned before pleading no contest to forgery and criminal impersonation in September has been granted judicial diversion for his crimes.Bryan D. Carter, 35, pleaded no contest to forgery, a Class E felony, and criminal impersonation, a Class B misdemeanor, on Sept. 7 before Sullivan County Circuit Judge Jerry Beck. On Thursday, Beck granted judicial diversion for Carter, which will allow him to apply to have the charges expunged after spending a year on supervised probation.As part of his sentence, Carter was required to surrender his law enforcement certificate, which means he would have to go back to school to obtain another before seeking employment with another law enforcement agency. He is also required to complete 10 hours of community service per month.Sullivan County District Attorney Barry Staubus advised Carter said he has no intention of seeking another job in law enforcement.Carter, a 14-year veteran of the KPD, had resigned and then turned himself in at the Sullivan County Sheriff’s Office on Sept. 4. His charges stemmed from an e-mail he sent via Gmail on May 8 that contained allegations against Kingsport Police Chief Gale Osborne.Staubus said a Tennessee Bureau of Investigation probe determined the e-mail had been generated by Carter, not former KPD Officer Jason McLain, whose name and badge number were contained in the e-mail address.The e-mail Carter sent was delivered to the Kingsport Board of Mayor and Aldermen, Sullivan County District Attorney’s Office, the TBI and the Times-News, among others. It claimed Osborne misused police facilities and forces for personal gain — accusations Osborne asserted at the time were untrue, which was confirmed when a Sullivan County grand jury cleared Osborne of any wrongdoing earlier this year.Staubus said Carter was identified as the sender of the e-mail after the TBI traced the IP address used to send the e-mail back to Carter’s personal phone.

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