An appeals hearing set Wednesday for former Payson Police Lt. Donny Garvin, who was demoted to sergeant in July for alleged misconduct using a company-issued cell phone and other actions, has been postponed another month due to a medical emergency.
The closed-door hearing scheduled for Oct. 6 was postponed after a lawyer on Garvin’s defense team had a family medical emergency sometime late Tuesday night or early Wednesday morning, said Payson Town Attorney Tim Wright.
This is the second time the hearing has been delayed. In August, the town’s conflict attorney Carry Kelly resigned from the case for unknown reasons, pushing the hearing back.
Wright said it could be another month before a new hearing date is set.
Since July, Garvin, a longtime member of the Payson Police force, has worked as a sergeant. No one has been assigned to fill Garvin’s lieutenant position, leaving it open for now.
Police Chief Don Engler demoted Garvin for reportedly violating the department’s code of conduct and behaving in a way that “was unbecoming to the department,” said Garvin’s attorney Martin Bihn.
The town has asked the Roundup to withhold further information on the case until after the appeal hearing takes place.