Case #: 2020-014

CHATTANOOGA POLICE DEPARTMENT

OFFICE of INTERNAL AFFAIRS
CONCLUSION OF FACT
CASE NUMBER SUBMITTED BY (Title & Name) SUBMITTED DATE PAGE COUNT
2020-014 Lt. Toby Hewitt #293 04/09/2020 1

INVOLVED OFFICER: Sergeant Scott Avila Sr. # 846 / 60155

Neighborhood Policing Bureau
Sector 2 – Baker South, Day Shift

INCIDENT: Off Duty Incident – referred for IA investigation

I have reviewed the investigation conducted by Sgt. Hubbard under 2020-014 and find that there is a
preponderance of evidence to conclude the following:

• Sgt. Scott Avila was an involved party in a ‘road rage’ disorder on 01/20/2020. He was off duty at the
time. The incident occurred in East Ridge, TN. ERPD investigated the incident.
• During the incident, Avila never identified himself as a law enforcement officer and wore no insignia
identifying himself as such.
• Avila claimed he acted in self-defense after observing Hobby outside his vehicle with what appeared to
be a tire iron (during the first of the confrontations in which Avila exited the vehicle he was in).
However, Avila advanced on Hobby’s vehicle and attempted to open the driver door and, later,
successfully opened the passenger door to confront Hobby. There is no evidence, other than Avila’s
statement, that Hobby was armed with a tire iron or any other weapon.
• There were three occurrences, at separate locations, where Avila exited the vehicle he was riding in to
confront Hobby. The final being on a parking lot where Avila directed Fitzgerald to block Hobby’s
vehicle from leaving, after they followed Hobby to that location. It was not until the last encounter that
Avila called for law enforcement intervention. During the course of the incident Avila approached
Hobby’s vehicle, multiple times and while visibly armed, and took actions that would reasonably place
Hobby in fear for his safety.
• Avila made statements during his IA interview that were untrue. He said that he did not have his
weapon during the second encounter when he approached and, ultimately, opened Hobby’s car door to
confront him. That statement is refuted, not only by Hobby but, by independent witnesses.
• Although there was a conclusion by investigating officers from ERPD that both Avila and Hobby had
committed aggravated assault, no criminal charges were filed after involved parties declined to seek
prosecution. The ERPD conclusion that Hobby committed aggravated assault was predicated on the
fact that Avila was hit with a portion of Hobby’s vehicle as he drove away after Avila opened his
passenger door and confronted him with a firearm. Hobby’s statement to IA investigators, and a
reasonable conclusion based on statements gathered from involved parties and witnesses, is that he was
attempting to get away from an armed individual who gained entry to his vehicle. Hobby said he
declined to seek prosecution against Avila due to the fact that ERPD told him he would be charged as
well if he did so.
END OF REPORT

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