Misdemeanor charge against Brookneal police officer overturned

RUSTBURG — A Brookneal police officer’s February conviction of making threats to a contractor working on his home was overturned Thursday in Campbell County Circuit Court.

Questioning the credibility of the prosecutor’s witnesses, Judge John Cook dismissed the misdemeanor charge against Anthony Scott Earhart.

The contractor, Tracy Evans, testified he called Earhart in mid-January to find information about how to put a lien on his home after payments for concrete work he’d done came up short. Evans said that call went well, but things were different when he called back on Jan. 21.

Evans testified that Earhart cursed at him and told him to come to Brookneal and “see what happens.”

Evans said he was afraid of Earhart, because he knew he was a town police officer.

That testimony was backed up by John Anderson, Evans’ boss, who testified he listened to the call on speakerphone in a work truck as they were on their way to a job.

Earhart, though, denied making the statements. He said he did use a curse word during the call when he told Evans he wasn’t going to keep him from moving into the new house, but never threatened the man.

“(I was) a little frustrated, but not over the edge,” Earhart said.

Brookneal Police Chief Ricky Cousins and Pastor Joe Anthony both testified on Earhart’s behalf that he had a good reputation for being truthful and did not have a reputation for making threats.

In dismissing the charge, Cook said he questioned Evans’ and Anderson’s credibility. During testimony the two disagreed on where they were when the call was made. They disagreed as to whether Evans was still employed by Anderson, too.

Earhart’s lawyer, James Stringfield, also questioned Evans on his four previous felony convictions.

“Justice has been done,” Stringfield said after the hearing. “Mr. Earhart has a stellar reputation.”

Evans disputed that in the courthouse parking lot. He also said it was unfair for Stringfield to pick apart his criminal history from eight years ago.

He said he remains anxious about doing work in Earhart’s jurisdiction in the future.

Earhart has been on administrative leave since the charges were filed against him. Brookneal Interim Town Manager Mike Crews said the officer’s future employment status is contingent on action by a personnel committee.