I-Team: Judge vacates order for man to get COVID vaccineadmin
A HAMILTON COUNTY MAN IS NO LONGER BE REQUIRED TO GET THE COVID VACCINE AS A CONDITION OF HIS PROBATION.TODAY – A HAMILTON COUNTY JUDGE VACATED HIS PREVIOUS ORDER FOR BRANDON RUTHERFORD TO T GE VACCINATED.CHIEF INVESTIGATIVE REPORTER CRAIG CHEATHAM WAS IN THE COURTROOM FOR THE JUDGE’S DECISION. YOUR AUTHORITY YOUR HONOR IS NOT UNLIMITED.Attorney Carl Lewis told Judge Christopher Wagner that the court didn’t have right to order his client, Brandon Rutherford, to get the COVID vaccine as a condition of Rutherford’s pr obation, also known as Community Control. THE COMMUNITY CONTROL CONDITION MUST REASONABLY RELATE TO DOING JUSTICE, REHABILITATING THE OFFENDER AND INSURING GOOD BEHAVIOR. MR. RUTHERFORD’S ARGUMENT IS THIS HONORABLE COURT DOES NOT HAVE THE POWER, THE AUTHORITY OR THE DISCRETION TO ORDER HIM TO BE VACCINATED. The I-Team fstir reported on Wagner’s order four weeks ago. Rutherford showed ushe t court order requiring him to get vaccinated within 60 days.f I Rutherford didn’t get the vaccine under the original court order, he would have viatedol his probation and risked going to jail for up to 18 months. I JUST BELIEVE THAT I SHOULDN’T HAVE TO TAKE IT. IT SHOULD BE MY PERSONAL CHOICE. OBVIOUSLY, YOU STIRRED UP AN INCREDIBLE AMOUNT OF ATTENTION – QUITE SHOCKING TO THE COURT. On Tuesday, the judge mentioned Rutherford’s decision to share his court order with news media. QUITE FRANKLY MR. RUTHERFORD, AS I SAID, IS T’ NOT TO MAKE AN EXAMPLE OUT OF ANYBODY – CERTAINLY IT’S NOT TO PUT THE SCARLET LETTER ON ANYBODY EITHER. BUT YOU KIND OF DID THIS ONE ON YOUR OWN. Wagner continued questioning Rutherford’s decision to not get vaccinated, t buthe judge admitted it wasn’t his job to make decisions for Rutherford. I’M CERTAINLY NOT GOING TO MAKE A MARTYR OF YOU BY INCARCERATNG YO U.After that, Wagner vacated his order for Rutherford to get the COVID vacce.in I’M HAPPY NOW. I DON’T HAVE TO LIVE WITH TH ATOVER MY BACK OR IN FEAR ANYMORE. At the Hamilton County Courthouse, Craig Cheatham WO CP9 I-Team.