Stephanie Burke (left) and lawyer Serena Sparks (right) at Wednesday's hearing
Marvin Riggins and city lawyer Judd Drake at today's hearing
Stephanie Burke at Wednesday's hearing
An appeal hearing for a former Macon-Bibb Fire Department captain suspended for a videotaped hazing stunt ended after about seven hours.
The hearing for former Capt. Stephanie Burke adjourned around 4 p.m. with no decision from an administrative law judge.
Burke took the stand Wednesday afternoon to say she knew about the stunt in advance, but didn't know the details.
In fact, one firefighter texted her to say he couldn't find anyone to play the role of a shooter, so the stunt was called off.
When the masked gunman entered the station house that day, she said, she was scared at first, but soon realized that the prank was back on.
In that video, reportedly filmed Sept. 18, a masked gunman entered Fire Station 108, off Peake Road, roughed up some firefighters. and appeared to fire a shot. But it was all a hoax.
Earlier, a Macon-Bibb fire battalion chief defended Burke. James Wallace was the first witness for the defense.
He says Burke was good at her job as captain and he would be glad to have her back in that role. He said demoting Burke to lieutenant for her role in the hazing stunt was too harsh.
Five firefighters were disciplined in the case.
Wallace today said he had heard scuttlebutt that a prank was in the works against a new private at Station 108. He says he did not know exactly what was happening, he'd just heard talk of it.
Wallace says pranking rookies had been a tradition at the fire department.
Wallace says he was on the other side of the building when the prank happened. He found out about it when he walked back across and everyone was laughing.
He said he saw the video that night and told them they would end in the chief's office for that. He says he thought that would end it.
Wallace says if he had to recommend discipline for Burke he would agree with a 20-day suspension but not demotion.
"Her, or any of them, I would take them back today," Wallace said when asked if he would be willing to have Burke serve as captain again.
Earlier in the day, Macon-Bibb's fire chief testified that Burke lied to him about planning the videotaped shooting stunt.
Chief Marvin Riggins was the first witness today against Burke.
He said he talked to Burke the day after the videotaped hazing stunt. When he asked her if she knew about the prank, Riggins says Burke told him she was as surprised as the rookies.
Riggins then showed an unedited version of the hazing stunt. He stopped it at several spots to point out Burke.
He says he can see Burke laughing with other firefighters while it happened. She put her hands over her ears just as the firecracker was set to go off, and she jumped up to give high fives at the end. The chief says those actions show she was not scared and had to know about what was happening.
Riggins says after initial interviews, three firefighters gave additional statements saying Burke was more involved than she let on.
Riggins says he asked her repeatedly if she was involved, and she said no.
During cross examination, Riggins says firefighter Justin Hill came to him saying he did not feel safe or comfortable at station and was having sleep issues. He was one of the rookies at the firehouse, he said.
Capt Tom Musselwhite was the next witness for city. He was ordered by the chief to conduct a criminal investigation on the incident.
Musselwhite says after looking at the video frame by frame, there was no doubt everyone but the rookie was involved.
He says Burke laughed, moved away from the camera so you could see the rookie, and she clapped at the end.
Burke's hearing began just after 9 a.m. at Macon City Hall.
In his opening statement, Judd Drake the city's attorney, said Burke is guilty of improper conduct, breaking city guidelines, dishonest and disgraceful conduct.
Drake says video and testimony will show Burke failed to accept responsibility and was dishonest to the chief.
Burke's lawyer says the captain is a 25-year veteran of the department, who has never been never been disciplined and worked through the ranks.
She says Burke lost two months' pay and was demoted. They're asking the judge to overturn Chief Marvin Riggins' decision, restore her captain's rank and repay the days lost
Two firefighters have already had their appeal hearings. Josh Brewer who video-taped the incident was demoted and suspended. Christopher Hughes, who says he brought the gun used in the video, was fired.
Another firefigher, Jesse White, also appealed his punishment at a hearing. He was suspended for 10 days.
Firefighters allegedly staged the stunt as a hazing prank, and the video was posted to YouTube.
Check back with 13WMAZ.com for updates on this story today.