A former Alabama police officer and his wife are facing criminal charges after prosecutors say they tampered with evidence tied to a fatal car crash involving their son. The wreck, which happened last November on Lott Road in Wilmer, killed University of South Alabama student Nolan McDavid.
Gary Rogers, a 21-year veteran of the Mobile Police Department, was fired after an internal investigation found he improperly removed his son’s fleece pullover jacket while off duty at the crash scene. The Mobile County Personnel Board upheld his firing last month, and that same jacket is now at the center of a criminal indictment against Rogers and his wife, Courtney.
Mobile County District Attorney Keith Blackwood said the case underscores the importance of holding everyone accountable, especially those in positions of authority. “To me, it’s important that we prosecute all violations of the law,” he said. “But especially when you have someone that is in a position of public trust, that is has allegedly violated the law, it’s very important that all of these be taken seriously.”
Gary and Courtney Rogers’ attorney, Gordon Armstrong, told FOX10 News the couple is struggling to cope with the situation. “They are devastated at this turn of events,” he said. “But they will fight it.”
Their son, Dawson Rogers, faces a reckless murder charge for the crash. Prosecutors allege he was drunk and speeding when he crossed over the center line, causing the collision. A judge granted him youthful offender status, which seals his records and limits any potential prison time to a maximum of three years if convicted.
City lawyers accused Gary Rogers of being untruthful when questioned about what happened that night. The Personnel Board determined that his actions and lack of honesty justified his dismissal from the force.
Tampering with physical evidence is a Class A misdemeanor, which carries a possible sentence of up to one year in jail. Armstrong said it’s unusual for a misdemeanor case to go before a grand jury. “There is nothing new that has come out about this that would justify an indictment. … At this point, we just have to fight it,” he said.
District Attorney Blackwood defended the decision to move forward, saying investigators had to be sure the case could stand up in court. “There were suspected facts that were known for a long time,” he explained. “However, the state has the burden of proof in this case, and so we have to ensure that we have evidence that we can present to meet our burden. That took time in this case.”