SELMER (AP) — A West Tennessee police chief has been charged with stealing a cell phone that was being held as evidence, authorities said.

Selmer Police Chief Elmer Neal Burks was indicted Monday in McNairy County on charges of theft of property under $1,000 and official misconduct, the Tennessee Bureau of Investigation said. Burks has been released from jail on bond, TBI said in a news release Tuesday.

District Attorney Mark Davidson asked the TBI in December to investigate the theft of a cell phone being held by Selmer police. The state police agency said Burks took the cell phone, which was found in his son’s bedroom closet.

Burks’ son, Michael Burks, also has been charged in the case. The Associated Press could not determine late Tuesday if either Chief Burks or his son had lawyers to speak on their behalf.