Court upholds sentence of former Shelby County deputy - WMC Action News 5 - Memphis, Tennessee

Court upholds sentence of former Shelby County deputy

Alvin Dortch, photo courtesy Shelby County Sheriff's Office. Alvin Dortch, photo courtesy Shelby County Sheriff's Office.

(AP) - An appellate court has upheld a four-month prison sentence of a former Shelby County Sheriff's deputy involved in a fatal crash.

The Tennessee Court of Criminal Appeals this week rejected the petition of Alvin Dortch, who was convicted last year of filing a false report, according to The Commercial Appeal.

Dortch was acquitted by the trial court of a reckless homicide charge.

In 2008, Dortch shot out the tire of a car being driven by fleeing DUI suspect Ignacio Arcos, whose car crashed moments later, killing him. Investigators didn't discover that Dortch had fired at the vehicle until they reviewed dashboard video more than 12 hours after the incident.

After the crash, Arcos' blood alcohol was measured at .249

Dortch argued on appeal that he should have been given diversion or probation instead of prison time, but the appeals court disagreed. Diversion is a form of probation that can result in the defendant's conviction being erased.

Criminal Court Judge Lee Coffee found that the officer had endangered the lives of the victim and the public and had lied about the incident.

Dortch's attorney said he will ask the Tennessee Supreme Court to consider the case.

Information from: The Commercial Appeal.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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