Nashville Mayor Megan Barry pleads guilty to felony theft

Nashville Mayor Megan Barry pleaded guilty Tuesday to felony theft of property over $10,000 related to her affair with former police bodyguard Sgt. Rob Forrest, Jr.

As part of a plea agreement, Barry agreed to resign as mayor and reimburse the city $11,000 in restitution, and serve three years of probation.

Because Barry has already paid the full restitution and resigned, her probation will be unsupervised, according to a statement from the district attorney's office.

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"Thank you judge," Barry, appearing in navy blue dress, said after entering the plea. "I appreciate you."

Taking the unusual step of appearing himself in court, instead of assigning a deputy, District Attorney Glenn Funk said that “had this case gone to trial, witnesses are available who would testify that in March 2016 and January 2018 Megan Barry caused over 10K but less than 60K in Metro Nashville city funds to be expended unlawfully on Mr. Robert Forrest.”

Funk declined to comment after the hearing.

The Tennessee Bureau of Investigation, which began its investigation at Funk's request, said Tuesday the case remained open.

Funk has met with the TBI "and informed them that the investigation into this matter may be closed," the DA's statement said.

Barry's $11,000 fine represents Forrest's travel expenses while he accompanied her out of town on official city duties.

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Barry and Forrest attended 10 city-funded trips by themselves without other mayor’s office staff present, including to conferences overseas in Paris and Greece and the two to Washington cited in the affidavit. Barry and Forrest are both married.

Forrest also earned $173,843.13 in overtime from July 2015 through Jan. 15 of this year, according to city data, more than the amount earned by the four other police officers in Barry’s detail combined.

Forrest on Tuesday also pleaded guilty to theft on Tuesday. His $45,000 fine, part of his plea deal, represents an "acceptable figure for his increase in hours and pay in contrast to other members of (the mayor's) security detail," according to the statement from the district attorney's office.

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Both Barry and Forrest entered "conditional pleas" mean that if they successfully complete probation, they could then petition the court to have their records expunged, the D.A.'s statement said.

Barry's unsupervised probation does not restrict travel "within the U.S," the statement said.

The indictment comes days after a Nashville judge issued a search warrant at the request of the Tennessee Bureau of Investigation seeking possession of her cellphone.

An affidavit filed with the warrant said nude photos taken from the phone of Forrest are evidence Barry engaged in the affair while he was on duty. Barry repeatedly has denied that their romantic interactions took place while Forrest was on the clock.

The photos are referenced in an affidavit in support of a search warrant that Nashville Judge Steve Dozier signed seeking access to the contents of Barry's cellphone. It was filed in the Criminal Court Clerk's office, and Barry's attorney said he provided the pass code to the mayor's personal cellphone to the TBI days later.

Tennessee Bureau of Investigation spokeswoman Susan Niland said Tuesday afternoon that the investigation remains "active and ongoing."

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The indictment comes weeks after Barry admitted to an affair that began in the spring of 2016 with her former police bodyguard.

Barry was the subject of multiple investigations and the charges mark a stunning turn of events for the mayor, elected in September 2015 and seen as a rising star nationally and at the city-level for Democrats.

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She enjoyed approval ratings topping 70 percent before the scandal and 61 percent weeks after she announced the affair. The 54-year-old oversaw a business-friendly, socially-progressive agenda and was known for her accessibility.

At times during her tenure, she took on almost celebrity status, rubbing shoulders with the city's musicians and athletes and appearing at concerts and Predators playoff games.

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Forrest, who lead the mayor's police security detail, was a regular presence with the Barry during out-of-town city trips for much of the mayor's time in office.

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In addition to the TBI criminal investigation, the Tennessee Comptroller of the Treasury is working with the TBI's inquiry into Barry and Forrest.

Meanwhile, Barry is the subject of an investigation from a special committee of the Metro Council that is reviewing whether she misused public money during the affair.

And Barry has also been hit with an ethics complaint from social activists who have alleged that, because of her affair with Forrest, the mayor was conflicted when she made decisions related to police.

Although Barry had sky-high approval ratings in office, her policy agenda hit road blocks in recent weeks with the collapse of the Cloud Hill project to redevelop Greer Stadium and the mayor’s unexpected proposal to end inpatient services at Nashville General Hospital.

The scandal forced Barry to take a backseat in the biggest political fight of her career — approval May 1 for a referendum on raising four taxes to pay for a $5.4 billion transit plan.

Reporter Anita Wadhwani contributed.