Montgomery Fire and Rescue Top Official Arrested on Domestic Violence Charges

The Montgomery Fire/Rescue Department has initiated disciplinary proceedings against the department’s chief of operations after the Montgomery Police Department charged him in connection with an incident of domestic violence.

MPD has charged Kenneth Bolling, 55, of Montgomery with third-degree assault, domestic violence. Third-degree assault (DV) is a Class A misdemeanor.

He was placed in the Montgomery City Jail.

The charge resulted from MPD’s response to a domestic disturbance at a residence in the 100 block of Salem Drive at about 3 a.m. today. The victim, an adult female, stated that she was involved in a verbal altercation that became physical. She sustained minor injuries.

Due to the visible presence of the victim’s injuries, MPD secured a warrant on her behalf in accordance with §13A-6-134, Code of Alabama.

Section 13A-6-132

Domestic violence – Third degree

(a) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion pursuant to Section 13A-6-25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7-4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7-22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7-43; and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section 13A-6-139.1, with the defendant. Domestic violence in the third degree is a Class A misdemeanor.

(b) The minimum term of imprisonment imposed under subsection (a) shall be 30 days without consideration of reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the third degree.

(c) A second conviction under subsection (a) is a Class A misdemeanor, except the defendant shall serve a minimum term of imprisonment of 10 days in a city or county jail or detention facility without consideration for any reduction in time.

(d) A third or subsequent conviction under subsection (a) is a Class C felony.

(e) For purposes of determining second, third, or subsequent number of convictions, convictions in municipal court shall be included.

Bolling has been placed on administrative leave; a decision on his status is under review.