DMV, ex-agent face lawsuit

Legal troubles are mounting for a former Waynesboro policeman and state Department of Motor Vehicles law enforcement agent.

An attorney this week filed a $2.5 million civil lawsuit against Brent Uzdanovics, his superiors at the DMV and the agency, charging that negligent hiring led to defamation, racist hate speech and disregard for rights.

The suit stems from a profanity-laced tirade Uzdanovics unleashed at Ruckersville truck driver Dwayne Sims in 2008, according to court documents.

Sims, who authorities said was under DMV investigation, recorded a call with Uzdanovics in which the former special agent threatened to arrest him and “bust heads” in Greene County. After learning of the call, the DMV suspended Uzdanovics without pay. Uzdanovics resigned, ending an internal investigation, but not legal actions against him.

In May, 10 days after The News Virginian reported the phone call investigation, Uzdanovics was dealt another legal blow, this one in a separate case. A federal judge ordered a lawsuit charging that while on the Waynesboro police force Uzdanovics and a fellow officer violated a rape suspect’s constitutional rights.

Engram Bellamy, 44, claimed that Waynesboro Police officer Alyssa Wells secretly tape-recorded a conversation with him. Uzdanovics had briefed Wells on the case and recommended the tactic, according to the documents.

An appeals court in 2005 reversed Bellamy’s conviction on the grounds that the officers had violated his Sixth Amendment rights.

Judge Samuel G. Wilson last month wrote that Uzdanovics and Wells “violated Bellamy’s clearly established Fifth and Sixth Amendment rights.“

“Since at least 1964, deliberately eliciting statements for trial from a defendant ... in the absence of counsel has clearly violated the Sixth Amendment,“ Wilson wrote.

That case, Sims’ attorney Dean Lhospital argues in a Greene County civil suit, should have been a red flag to the DMV before Uzdanovics’ hiring.

Instead, a pattern of abusive and threatening behavior developed, according to the lawsuit.

Sims accuses Uzdanovics of defamation, verbal abuse and racist hate speech. Sims, who is black, says he was referenced as “boy.“

In the 17-minute recording obtained by The News Virginian, Uzdanovics told Sims: “I’ve got you by the f—- b—s. ... I’m going to come down hard on your ass.“

Sims had operated a trucking company for about a month when the June 2008 call took place. He had met Uzdanovics in February 2008 about trouble with a truck title.

Sims has not been charged.

After the call, Sims tried to press verbal harassment charges, but said authorities gave him the runaround before Lhospital helped obtain a profanity warrant against Uzdanovics. The warrant was quickly dismissed by another magistrate. Lhospital has not been able to learn why.

Authorities did not return calls.

The lawsuit also claims the DMV did not keep Sims informed about the internal investigation.

“Plaintiff’s business has suffered as a result of the ambiguous legal status and the harm to his reputation,“ the suit states.

A DMV official said the agency’s internal investigation ended when Uzdanovics resigned.

The DMV received the lawsuit Friday and forwarded it to the state Attorney General’s Office, which will represent the agency, a spokesperson said.

Before working for the DMV, Uzdanovics worked four months for the Augusta County Sheriff’s Office. The reason for his “short tenure” is unknown, the lawsuit states. Officials with the Waynesboro Police Department and Augusta County Sheriff’s Office have called Uzdanovics a good officer.

DMV agents investigate complaints about title fraud, motor vehicle theft and other allegations against motor vehicle dealers.