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Griffin City Attorney Drew Whalen submits false statement to Attorney General’s Office

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SHEILA A. MATHEWS :::

Griffin City Attorney Drew Whalen submitted a false statement to the Georgia Attorney General’s Office in response to a criminal complaint filed by The GRIP Publisher Sheila Mathews.

Following multiple refusals to release a public record over a period of several months, Mathews in November filed a complaint with the Griffin Police Department, alleging a criminal violation of the Georgia Open Records Act. At that time, Mathews met with Sgt. Jennifer Michel, of the GPD Criminal Investigation Division, to request an investigation of the matter.

Mathews provided copies of two Open Records requests she had submitted and the responses from Griffin Assistant Open Records Clerk Teresa Watson which denied production of the record sought.

Mathews also provided Michel with a separate Open Records request that had been submitted to the city of Griffin by CNN/HLN Producer Kyle Peltz. That request resulted in production of the very document denied to The GRIP.

Michel was also given information regarding an Open Records request that was submitted to the city of Griffin by a second member of the national press – Rachel Aviv – a staff writer with The New Yorker magazine. In response to her request, Aviv also received the record denied to Mathews.

Although Michel was provided with a printed copy of the specific Georgia code section related to criminal violations of the Open Records Act – OCGA 50-18-74 – Michel disputed that fact, stating she did not believe it was a crime, and said she did not think it was something the GPD would investigate.

The following morning, Michel’s incident report was completed and stated in part, “A preliminary review of the material did not disclose venue (who had jurisdiction) nor did the material establish criminal intent nor the basic elements of any crime…The matter appears to be a civil issue, if that, and the issue was referred to the City Attorney for resolution.”

Michel also mischaracterized the document, calling it a document “regarding a Facebook post by Mr. Will Sanders.” The document involved no Facebook post by Sanders, rather Mathews distinctly identified the record as a false document fabricated by Griffin Police Department Chief Mike Yates.

Michel’s report also referenced that Mathews already has possession of the document she claims the city of Griffin has refused to produce. However, Mathews made clear in her complaint that the copy she possesses was not obtained from the city of Griffin. Although the Open Records Act does not require an explanation for the basis of a request, Mathews did explain her need to authenticate the record by verifying its original source – the city of Griffin.
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You can read Sgt. Jennifer Michel’s report here:
GPD report 19009037
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After choosing to disregard the Official Code of Georgia Annotated that identifies criminal violations of the Open Records act, thus refusing to investigate Mathews’ criminal complaint, the Griffin Police Department forwarded the matter to City Attorney Drew Whalen.

In turn, Whalen wrote a letter to Mathews refuting any wrongdoing by city of Griffin officials.

“As I read your letter, the matter you request to be investigated is the purported denial of your initial request to the City of Griffin, pursuant to the Georgia Open Records law, for ‘a document identifying Will Holloway Sanders as the father of former Griffin police officer Matthew Boynton.’ The City’s Open Records Clerk timely responded to your initial request with existing information. At some later time, similar requests were received from two members of the national news media, and the document in question was provided pursuant to these requests. You then made a follow-up request, attaching the document sought, which you obviously obtained from one or both of the other reporters,” Whalen wrote. “I spoke with Ms. (Teresa) Watson, the city’s Open Records Clerk who responded to your initial request; she advised the document you sought was not in the police department’s file at the time of your original request, but was received and placed in the file at some time after your request was completed and before the subsequent requests were received.”

Whalen’s assertions, however, are blatantly false.

Whalen attempted to justify the refusal to produce the document to The GRIP by alleging both that Mathews did not receive the requested document because it was not in the Griffin Police Department’s file when she first sought it, and also that her request was the first received by the city of Griffin, prior to those submitted by Peltz and Aviv.

The timeline of Open Records request submissions makes clear that both of Whalen’s claims are misrepresentations of the facts.

Upon receipt of Whalen’s letter, Mathews submitted a series of Open Records requests seeking records to definitively establish the chain of events.

Three of those requests sought the aforementioned Open Records requests from Peltz and Aviv that resulted in production of the document, as well as Mathew’s initial request to which the city denied production of the document.

All of these records, which were in Watson’s possession and were available to other city officials prior to the Whalen’s letter being forwarded to the Attorney General’s Office, verified the falsity of the city attorney’s claims.

The request from Peltz was submitted May 15, 2019, and was declared by Watson to be “complete and closed,” with all relevant records produced on May 29, 2019.
____________________________________________________________________________________________You can read CNN/HLN Producer Kyle Peltz’s Open Records requests here:
Kyle Peltz ORR Boynton

Kyle Peltz ORR Sanders
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Watson did not provide as specific a record regarding Aviv’s request, instead saying, “ Since you did not specify a date, I included all the requests from Ms. Aviv that were received within a span of a few days that could be construed to be responsive.”

That represents three Open Records requests from Aviv – the first dated June 13, the second dated June 17 and the third dated June 21, 2019.

This correlates with information previously obtained by The GRIP, as Aviv has stated the request that resulted in production of the specific document was submitted June 17, and she received the records June 20, 2019.
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You can read The New Yorker Staff Writer Rachel Aviv’s Open Records requests here:

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That left in question only the timing of Mathews’ first Open Records request, which Watson’s response acknowledged was received July 23. It was originally emailed July 22, but an internal city of Griffin IT glitch delayed its receipt by one day.
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You can read Mathews’ first Open Records request here:
Mathews’ 7.22.19 ORR
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Another series of Open Records requests sought verification of the tracking numbers that identified each request. Assigned internally, those sequential numbers are unique to each Open Records request received by the city of Griffin.

Watson’s responses identified Peltz’s tracking number as 19-00346; Aviv’s as 19-00384; and Mathews’ as 19-00440.

Those ascending numbers correlate with the dates of the three Open Records requests in question, with Peltz’s received by the city of Griffin in May, Aviv’s received in June and Mathews’ received in July.

In Whalen’s letter, he included his views of the law, stating, “The law, as passed, does not prevent you from periodically refiling a request to see if any new documents may be available.”

That is precisely what Mathews had already done, but to no avail, as Watson continued to refuse to produce the document sought.

On Oct. 21, 2019, Mathews submitted to the city of Griffin another Open Records request seeking production of the same document previously refused to her.

“…I wish to obtain a copy of the attached document that was previously produced to Kyle Peltz, CNN or HLN,” Mathews wrote. “This public record was originally requested by The GRIP on July 22, 2019, and was identified as ORA-19-00440.”

Watson’s response dated Oct. 24, stated, “Pursuant to your below ORA request, my original response of July 25, 2019 has not changed. No further records exist; therefore, none are provided…”
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You can read Mathews’ Oct. 21, 2019, Open Records request here:
Mathews’ 10.21.19 ORR
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Whalen concluded his letter by acknowledging there is a provision in the Georgia code for criminal violations of the Open Records Act, but rather than informing the Griffin Police Department of its error, he chose to reproachfully chastise Mathews.

“Lastly, I would point out to you that the City of Griffin, Georgia, its officer and employees, have at all times relevant hereto acted in good faith in responding to Open Records requests filed by you and will vigorously oppose and defend any action, civil or criminal, you may elect to file regarding this matter, including seeking recovery of litigation costs and attorneys’ fees,” Whalen said.

As a final warning to Mathews, Whalen stated, “Please govern yourself accordingly.”

Publisher’s note: After verifying the numerous false representations of fact in Whalen’s letter, Mathews made multiple attempts to contact the city attorney to determine what steps would be taken to correct the false record presented to the Georgia Attorney General’s Office, as well as to investigate the criminal complaint Mathews filed in this matter, but Whalen did not respond.


Serious wreck shuts down all northbound lanes of I-75

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SHEILA A. MATHEWS :::

All northbound lanes of Interstate 75 are closed following a wreck involving a Henry County police officer and a tractor trailer.

The wreck occurred at mile marker 207, and the Georgia State Patrol is on scene.

According to Maj. Dwayne Jones, of the Spalding County Sheriff’s Office, the police officer did not sustain serious injuries.

However, the occupants of the tractor trailer were seriously injured, and an air ambulance is en route to transport them for emergency medical treatment.

The GRIP will report additional information on this developing story as it becomes available.

Downtown Griffin 2nd Saturday Chili Crawl is tonight

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Chili Crawl

STAFF REPORT :::

If you are looking for some great Saturday entertainment, you need look no farther than downtown Griffin’s 2nd Saturday Chili Crawl.

Tonight from 5 to 8 p.m., the Downtown Council and Griffin Main Street Program are hosting this free event to help you shake off those winter blues.

“Crawl” around downtown Griffin and taste 16 unique chili recipes crafted by local chefs or your favorite cook in the kitchen. Stroll through town and enjoy 2nd Saturday activities, special promotions at downtown restaurants and retailers, your favorite adult beverage in the Green Go-Cup and live music along the streets while you taste and score each chili recipe.

This 2nd Saturday event will conclude at 8:30 p.m. with an after party at Bank Street Café, where you and your crew can grab a drink and enjoy your favorite appetizer while the scorecards are tallied, and the Chili Crawl Champion is named. Finish out the night with a live band taking the stage at 9 p.m.

The Chili Crawl participating business locations are Taco N Go, Sip N Shop, the Griffin-Spalding Chamber of Commerce, 2nd Time Around Luxury & Consignment, Safehouse Coffee Roasters hosting City Church, Rue Colline Art Gallery and Studios, High Cotton Low Tide, ‘stache studio hosting Zoomies Pet Care, Slices Pizzeria, The Cotton Mill, Championship Martial Arts, Lola Cigar hosting The Griffin Fire Department, 6th Street Pier, Paragon Realty and Caldwell Cottage.

Chili Crawl map

Downtown Griffin is thrilled to kick off the New Year with 2nd Saturday, a free event for the entire community to come and explore all that Downtown Griffin has to offer. For 2020, 2nd Saturday will bring a truly unique experience and different theme to the downtown area each month with free entertainment, special events and deals and promotions at varying restaurants and retailers.

Downtown Griffin is excited to announce the 2nd Saturday Rhythm & Brews Date Night Downtown in February and the 2nd Saturday ShamRock’n’Roll in March. Mark your calendar and come to Downtown Griffin to shop, dine and explore every second Saturday of the month.

2nd Saturday

Spalding County inmates graduate Serve Safe program

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SCSO Serve Safe January Graduation

Photo courtesy of the Spalding County Sheriff’s Office

STAFF REPORT :::

Five inmates of the Spalding County Jail have graduated from the Serve-Safe Program, an initiative of the Spalding County Sheriff’s Office and Aramark Food Services.

The Jan. 9 graduation marks the third successful class since the programs inception.

Designed to teach potential restaurant employees the skills necessary to safely and properly prepare food in a commercial setting, this program allows inmates to obtain highly marketable skills while incarcerated.

“The program was sponsored by the Aramark Food Company who provides our inmate meals, at no cost to the inmates or the county. This is third session we have completed with a total of fifteen graduates so far. Each of the inmates volunteered for the 9-week program that includes a testing process to graduate and obtain the certification,” said Sheriff Darrell Dix. “Thursday, we had a graduation ceremony where family, friends, Aramark representatives, and Sheriff’s Office employees tasted barbeque meatballs, buffalo chicken wings, potato salad, and deserts all prepared by the graduates. These men worked hard and now have a marketable skill that will hopefully get them going in the right direction. Our hope is that they understand that no matter what they have done in their past, they can still do positive things today.”

Clarence Nance, the Aramark Food Services director for the Spalding County Jail, also praised the program participants.

“We are pleased to partner with the Spalding County Sheriff’s Office in providing the Serve-safe program to inmates,” Nance said. “The Aramark staff had the opportunity to work with the guys who went through the class and I am proud of each of them and their accomplishments. They worked very hard to obtain this goal.”

Elijah Jackson named GSCSS Spelling Bee champion

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Elijah Jackson

Elijah Jackson, left, of Moreland Road Elementary School, won the Griffin-Spalding County School System Spelling Bee. The runner-up was A.J. Fulton, of Rehoboth Road Middle School. Photo courtesy of the Griffin-Spalding County School System

STAFF REPORT :::

Elijah Jackson, a student of Moreland Road Elementary School, won the 2020 Griffin-Spalding County School System Scripps Spelling Bee that was held Jan. 9.

Jackson, a fifth-grade student who participates in the Program Challenge gifted program, became champion by correctly spelling the word “influenza.”

The runner-up, A.J. Fulton, is a sixth-grade student at Rehoboth Road Middle School.
Finalist from each elementary and middle school competed in the systemwide Spelling Bee.

GSCSS school level spelling bee finalists that participated in the districtwide spelling bee were Malachi Stubbs, of Anne Street Elementary School; Kevin King, of Atkinson Elementary School; Max Latham, of Beaverbrook Elementary School; Brandon Denson, of Carver Road Middle School; Destini Stinson, of Cowan Elementary School; Isaiah Flynt, of Cowan Road Middle School; Rondell White, of Crescent Elementary School; Ni’Terriyon Davis, of Futral Road Elementary School; Raelynn Anthony, of Jackson Road Elementary School; Maddie Meacham, of Jordan Hill Elementary School; Skyler Mack, of Kennedy Road Middle School; Jordyn McCampbell, of Moore Elementary School; Elijah Jackson, of Moreland Road Elementary School; Peyton Weeks, of Orrs Elementary School; and A.J. Fulton, of Rehoboth Road Middle School.

The Georgia Association of Educators awarded Jackson with a plaque and $100 gift card and Fulton with a plaque and $50 gift card. Local businesses United Bank, First National Bank and The Sellers Law Firm donated snacks, cups, pencils and tote bags.

Jackson will go on to compete against students from eight other counties in the regional spelling bee on Feb. 22 in Conyers.

Dr. Rochelle Lowery appointed GHS interim principal

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Dr. Rochelle Lowery

Photo courtesy of the Griffin-Spalding County School System

STAFF REPORT :::

The Griffin-Spalding County Board of Education has appointed Dr. Rochelle Lowery as interim principal of Griffin High School.

Lowery currently works for the Dekalb County School District.

Lowery will serve as interim principal for the remainder of the 2019-2020 school year while officials being the search for a permanent GHS principal.

Dr. Darrell Evans, the previous GHS principal, resigned to accept the position of assistant superintendent of Butts County Schools.

Lowery has been an educator for 31 years and retired from the Dekalb County School District, where she held positions as a teacher, assistance principal and in leadership services at the central office level.

She is currently working as an interim principal for a Dekalb County high school.

Lowery earned a master’s degree in foundations of education from Troy State University, an educational specialist certificate from Jacksonville State University and a doctorate degree in educational administration from Georgia Southern University.

Prior to her career in education, Lowery served in the United States Air Force.

“I am very pleased to have someone of Dr. Lowery’s background and experience work with Griffin High School during this period of transition,” said GSCS Superintendent James Smith. “Griffin High has made significant strides over the past few years to meet the academic needs of its students under the leadership of Dr. Evans. Dr. Lowery will work to ensure that progress continues uninterrupted. Meanwhile, we will continue the search for a permanent principal to be in place for the 2020-21 school year.”

The GSCSS will launch a school leadership survey in the next few weeks to gather input from staff, students, parents and the community to assess the experience and qualities desired for the GHS principal position.

Spalding woman arrested after six dead animals located at residence

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Ashley M Gresham

Booking photo courtesy of the Spalding County Sheriff’s Office

SHEILA A. MATHEWS :::

A Spalding County woman, 27-year-old Ashley Gresham, has been arrested and charged with six counts of felony animal cruelty after numerous deceased animals were located at her residence.

Deputy Corey Waddell, of the Spalding County Sheriff’s Office, on Monday responded to 640 Tri County Road, where he met with Michelle Wesolowski and Laurie Ashley, who represent Royal Animal Refuge in Tyrone.

Laurie Ashley reported the Royal Animal Refuge director has contacted her regarding a possible stray dog that appeared to have recently given birth and may have been neglected. This information originated on Facebook, the animal rescue volunteers reported.

“Laurie and Michelle stated Ashley had agreed to surrender the mother dog, the puppies and another dog to the rescue. Laurie also stated there may be a dead dog on the property as well,” Waddell said.

At that time, Deputy Jennifer Fuller, Waddell’s field training officer, reported the information to Spalding County Animal Control.

“Upon walking the property with Animal Control six deceased animals were discovered in pens. There was a dog in a doghouse inside the kennel, there was a dead chicken in a coop, two dead ducks and two dead rabbits in different cages,” Waddell said. “While on scene, another dog come to the property with an apparent broken hind leg. Ashley advised that dog was her’s and agreed to surrender this animal as well to Royal Animal Refuge (sic all).”

Ashley Gresham allegedly sought to implicate her ex-boyfriend in the matter.

“Ashley (Gresham) stated her ex-boyfriend Michael Garrett had dug up the dead dog and placed it in the doghouse. Ashley stated the dog had died approximately three to four weeks ago. There appeared to be no dirt on the fur of the dog and that the dog had passed away in the igloo style doghouse in its sleep,” Waddell said.

Authorities say Ashley Gresham stated that Garrett had agreed to take care of the animals while her mother, Traci Gresham was hospitalized in December.

“Ashley had no evidence of the agreement. Ashley said Michael had warrants in Upson County for animal neglect,” Waddell said, adding that the Georgia Crime Information Center reported no active warrants for Garrett.

Waddell said Ashley Gresham claimed she had lived with Garrett in Upson County, and had left the dogs in his care when she moved out. She alleged she called him to check on the dogs on Christmas day, and that he said they were fine.

“Ashley (Gresham) stated she had filed a police report with Upson County in reference to stolen property. Ashley stated a Deputy Richard with Upson County told her the dogs had been taken by Upson County Animal Control two days prior,” Waddell said, again repeating that contrary to her claims, his investigation indicated Garrett had no outstanding warrants.

After speaking with Traci Gresham, Ashley Gresham’s mother, who reportedly told deputies the dogs belonged to her daughter, the suspect was taken into custody and transported to the Spalding County Jail, where she remains in custody.

Maj. Dwayne Jones said that while it is not unusual for the SCSO to respond to reports of potential animal neglect, this case is unique.

“I would characterize it as being unusual. In my knowledge of it, that seems to be unusual,” he said.

Jones recommends anyone who is concerned about potential animal abuse or neglect report it to local authorities.

“In the event they believe there is cruelty being inflicted to an animal, I would encourage them to contact local law enforcement. First of all, during normal business hours, Animal Control would be my first call, and of course we’re open 24/7, so we can respond. We work very closely with Animal Control,” Jones said. “They have someone on call, but often, we can respond more quickly because we’re already on patrol, and if necessary, we can contact the Animal Control officer.”

Sheriff: Felony suspect fought arrest while trying to acquire firearm

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Michael Shane Pierce

Booking photo courtesy of the Spalding County Sheriff’s Office

STAFF REPORT :::

Michael Shane Pierce has again been arrested by the Spalding County Sheriff’s Office, with the latest case involving numerous charges resulting from a theft investigation.

A press release issued by Sheriff Darrell Dix describes Pierce as “well known to law enforcement in the area,” and describes his Jan. 9 arrest culminating from an investigation conducted by the Special Operations, C.A.G.E. and Criminal Investigations divisions that began following the theft of a skid-steer.

Authorities say Pierce, age 28, was most recently the target of an investigation in December 2019.

In the December case, multiple suspects were arrested at his 520 Mangham Road residence, where investigators recovered “stolen vehicles and quantities of methamphetamine.”

Pierce was arrested following a traffic stop on his vehicle in the area of Georgia Highway 92 and Sidney Drive. At the time of his arrest, he already had an outstanding felony warrant, Dix said.

“The Deputies that stopped Pierce knew he was wanted and once stopped, ordered him to exit the vehicle. Instead of doing what he was ordered to do, Pierce reached towards the center console. Based on Pierce’s actions, and their prior knowledge of him, Deputies grabbed him and were forced to try to remove him from the vehicle. Pierce began to fight with the Deputies as they removed him, and he continued reaching toward the center console. He lost and was taken into custody. A search of the vehicle revealed that a loaded handgun was in between the driver’s seat and the center console where he was reaching,” Dix said. “We believe that the Deputies were able to prevent Pierce from obtaining the firearm he was reaching for and prevented the incident from escalating. In the end, none of the Deputies were injured and Pierce received only minor injuries resulting from the fight that he started. A search of his vehicle also yielded quantities of methamphetamine, cocaine, marijuana and the handgun that was later learned to have been reported stolen to the City of Griffin Police Department.”

Pierce has been charged with possession of a firearm by a convicted felon, possession of a firearm during the commission of a crime, theft by receiving a stolen firearm, theft by receiving stolen property, felony obstruction of a law enforcement officer, misdemeanor obstruction of a law enforcement officer, possession of cocaine, possession of methamphetamine, possession of marijuana possession of drug related objects, tag light violation and failure to obey a traffic control device.

“I am proud of the Deputies that worked on this case and their actions. Their teamwork and dedication to the job help make this County safer. We have been sending a strong message, backed up with actions since 2017, and you can expect more of the same especially if you decide to violate the law. The people of this County are tired, and together we are making positive changes in this community. The Sheriff’s Office is a part of that change and we will continue to work hand in hand with the community to resolve these issues. Once again, don’t become a statistic. You can stop, or together, we will stop you,” Dix said.


Second suspect arrested in Ringgold Grocery armed robbery case

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Eligah Williams

Booking photo courtesy of the Spalding County Sheriff’s Office

STAFF REPORT :::

A second arrest has been made in connection to the Nov. 18, 2019, robbery of Ringgold Grocery Store located at 4243 Jackson Road.

The Spalding County Sheriff’s Office reports that 19-year-old Elijah Jeremiah Williams was arrested Jan. 14, and has been charged with two counts of armed robbery.

“We knew that at least one other person was involved in the robbery and our Investigators continued to follow leads and gather information. As a result of their teamwork, we were able to identify Williams as a suspect,” said Sheriff Darrell Dix. “He was interviewed on January 14th, and during the interview he was presented with facts regarding the case. After hearing those facts, he admitted his role in the robbery and gave further details about its occurrence.”

Williams currently being held without bond in the Spalding County Jail.

“Great work by our investigators on this case,” Dix said. “They did an outstanding job on following up on leads, working together through the case, and conducting interviews to make this second arrest happen.”

City of Griffin names Jessica O’Connor deputy city manager

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SHEILA A. MATHEWS :::

The city of Griffin has promoted Jessica Whatley-O’Connor to the newly created position of deputy city manager. She was promoted from her previous position of chief of staff/staff attorney, a position she has held since July 2016.

O’Connor says her new position will assist in further streamlining city operations.

“The reporting of the directors will be different. As chief of staff they did not have to directly report to me. It was recommended that they come to me for advice before going to (City Manager) Kenny Smith, but they didn’t have to,” she said, later adding, “I think that there are lot of times that they’ve already relied on my advice to help things run more efficiently. With my legal expertise, I’m able to help provide information and advice on the front end instead of it going to Mr. Smith, a decision being made and then me being asked for a legal opinion on that decision.”

The new organizational structure will have department heads reporting directly to O’Connor.

“Day-to-day, practically speaking, Mr. Smith is not going to shut his door,” she stressed. “Mr. Smith isn’t going to disappear off the face of the earth. He’ll certainly still be involved in the city’s operations. I believe it will be a lot of collaboration and in my opinion, collaboration can only help. He’s always had an open-door policy with department heads and the public, and I’m sure that will remain the same.”

A two-year contract for Griffin City Manager Kenny Smith was approved during the Tuesday, Jan. 14 meeting of the Griffin Board of Commissioners.

O’Connor said the chief of staff position no longer exists on the city’s organizational chart.

“It’s just now deputy city manager rather than chief of staff,” she said.

Asked if she is being prepared to fill Smith’s position in the future, O’Connor said, “That’s not my choice. Our commissioners get to make that decision. It’s something I’m very interested in. I will certainly be prepared to do that if it’s the pleasure of the board. If Mr. Smith feels that I’m prepared and capable of doing it, then I’ll be ready to take on that challenge and excited to do so.”

After earning a bachelor’s degree from Auburn University and her juris doctorate from Cumberland School of Law at Samford University, O’Connor worked five years as an associate in the Whalen Law Firm. She has also served as the Municipal Court solicitor for the cities of Griffin and McDonough. She believes her previous experience has well prepared her for the position of deputy city manager.

“I’m excited for the new challenge and I think my position as an attorney through Drew Whalen and also for the city has certainly prepared me for this position,” she said. “With Mr. Smith’s guidance and expertise, I look forward to making a positive difference here. It’s the city that I live in and the city I love.”

 

Sheriff: Meth trafficker on parole arrested again for trafficking meth

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SHEILA A. MATHEWS :::

An investigation conducted by the Spalding County Sheriff’s Office Special Operations Division resulted in the arrest of two suspects on charges related to trafficking methamphetamine.

That investigation led to the Jan. 16 execution of a search warrant by the SCSO S.W.A.T. Team at 1125 Placid Road, targeting Joshua Sparks and Alexis Duncan.

Officials say the search resulted in the seizure of a trafficking amount of methamphetamine, digital scales and packaging material.

Sparks and Duncan have both been charged with trafficking methamphetamine, possession of methamphetamine with intent to distribute, possession of methamphetamine and possession of drug related objects.

“We have been to this address in the past and we are familiar with Sparks. My Agents met with the homeowner and served her with notice that she can get control of the situation, or we will seek seizure of the property. In the past, warnings have been given by us, and help has been offered to the homeowner from us, but none was ever accepted. Enabling Sparks and allowing him to distribute methamphetamine from this house has continued,” said Sheriff Darrell Dix. “The citizens of this county deserve better and we are going to do all we can to ensure that Mr. Sparks serves all the time he has remaining and will face on these new charges. As far as Mrs. Duncan is concerned, she was encountered by agents before and warned that she needed to cease her activities in Spalding County. She ignored us and will now face prison for her choices.”

Sparks is currently being held in the Spalding County Jail without bond.

Duncan’s bond was set at $51,500.

Sparks was in 2016 convicted of distributing methamphetamine and possession of a firearm by a convicted felon. He was imprisoned on those charges but was since released and scheduled to be under the supervision of the Georgia Department of Pardons and Parole until 2032.

According to Georgia Department of Corrections, Sparks has been incarcerated in the Georgia penal system four times in less than 15 years.

Sparks first served from Aug. 8, 2006 through April 3, 2007; he was again incarcerated from March 15, 2010 through August 4, 2011; thirdly from July 9, 2012 through Dec. 16, 2012; and finally, from Aug. 2, 2016 through Aug. 20, 2018.

SCSO: Gang member previously banished from county arrested on meth charges

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STAFF REPORT :::

The Spalding County Sheriff’s Office reports that vehicle and foot pursuit resulted in the arrest of two felons, one of whom is a “known Ghost Face Gangster gang member.”

According to a press release issued by Sheriff Darrell Dix, personnel of the SCSO Special Operations Division and C.A.G. E. Unit on Jan. 22 observed 29-year-old Douglas Briggs and 31-year-old William “Bo” Breland in a vehicle at the Super Foods convenience store at Old Atlanta and Vineyard roads.

Agents knew both Briggs and Breland are on active felony probation, and that as part of his sentence, Breland had been banished from the Griffin Judicial Circuit “due to his extensive criminal history involving firearms, methamphetamine and criminal street gang involvement,” officials said.

That banishment makes Breland’s presence in Spalding County a crime.

“As Agents pulled up, the driver, identified as Briggs and the passenger identified as Breland, immediately fled in the vehicle. Agents initiated a pursuit which lasted less two miles before Briggs hit a curb while attempting to turn onto Manley Road from Highway 19/41. The impact resulted in the vehicle becoming inoperable. Briggs and Breland exited the vehicle and attempted to flee on foot,” Dix said. “Briggs was captured immediately at the vehicle. Breland was captured after a short foot pursuit as he attempted to fight one of the C.A.G.E. Deputies and as a result was shot with a Taser. After being handcuffed, Breland was once again found to be in possession of methamphetamine.”

Both subjects are currently being held without bond in the Spalding County Jail.

Breland is facing charges of violation of probation, possession of methamphetamine, possession of methamphetamine with intent to distribute and obstruction of a law enforcement officer.

Briggs has been charged with violation of probation, fleeing and attempting to elude, reckless driving, failure to obey a traffic control device, failure to maintain a lane, failure to signal lane change and windshield requirement.

“Breland and Briggs have been convicted of serious felony charges in Spalding County, and both have been given chances to stop violating the law and turn their lives around. Based on Breland’s criminal history, he was banished by a Superior Court Judge as a part of his sentencing and ordered to not return to Spalding County or this judicial circuit. He has again demonstrated his flagrant disregarded of the law by violating that order,” Dix said. “Breland has also fled from deputies’ multiple times in the past on foot and in vehicles and captured. He’s not very fast and not very good at being a convicted gang banging drug dealer. Our hope that while in the State of Georgia’s prison system he will have a long time to reflect and learn a new trade that will better fit his skill set by the time he finishes his sentence.”

Sheriff: High-ranking Bloods gang member arrested on 28 counts

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Watson arrest

Arrest and booking photos courtesy of the Spalding County Sheriff’s Office

Myrrin Watson

Geraldo Williams

STAFF REPORT :::

A joint operation of the Spalding County Sheriff’s Office Special Operations and C.A.G.E. units and the United States Marshal SERFTF Unit resulted in the arrest of Myrrin Watson at 276 Hosanna Road.

Authorities describe Watson as one of the highest-ranking Bloods gang members effecting Griffin-Spalding County.

According to Sheriff Darrell Dix, Watson has been at-large since eluding agents after a traffic stop earlier in January.

Watson is on active felony probation for possession of a firearm by a convicted felon. At the time of his arrest, he was also free on bond out of Tattnall County, where he faces drug trafficking charges related to an alleged attempt to smuggle narcotics into Reidsville State Prison.

“Watson is a known gang member and gang leader with ties to Atlanta and other parts of the state and is also affiliated with the bloods with ties to California. Watson is not a “Wannabe” gang member but is a dangerous leader of a violent organization that preys on people in Spalding County and surrounding counties,” Dix said. “When we located him yesterday, Agents and Marshals were surveilling the residence and confirmed he was there. They entered and began searching for him when they heard movement in the attic. They deployed a camera to locate him and once he was located, they began ordering him to come out, but he would not respond to their commands. At that point, knowing his exact location in the attic, the agents began dismantling the ceiling near him and continued to order him out and to surrender. He continued to ignore them, even after they had torn out enough of the ceiling to see each other. He refused to surrender or show his hands, so he was shot with a Taser. He fell from the ceiling to the floor where he was taken into custody uninjured.”

A subsequent search of the residence revealed evidence officials say tie Watson to dog fighting.

“A subsequent search warrant was executed at the residence. During the search we located 6 firearms, 4 dogs, and other evidence that we believe ties him to dog fighting. We have reached out to our contact with the USDA that handles dog fighting, and to the ATF regarding the firearms the convicted felon had. It is our hope that his case will be adopted federally, and he will spend the rest of his life in prison,” Dix said. “Throughout Watson’s history, he has faced several serious and violent felonies, his involvements have shown that with the most serious he has always been able to have someone else with him and utilize his position with the blood gang to force others into taking responsibility for his charges. We have ensured that with this case that no one will be able to take them (sic) blame for his crimes.”

Watson, age 41, is currently being held without bond in the Spalding County Jail. He is facing 18 counts of violation of the Georgia Criminal Street Gang Act, six counts of possession of a firearm by a convicted felon, obstruction of law enforcement officers, possession of drug related objects, fleeing and attempting to elude and violation of probation.

Geraldo Williams, age 30, another suspect the SCSO identifies as a “documented Bloods gang member,” who allegedly assisted Watson with hiding in the attic, was also arrested and charged with two counts of violating the Georgia Criminal Street Act, hindering the apprehension of a fugitive, obstruction of law enforcement officers and violation of probation.

“Watson is a threat not just to our own community but communities around us. He is a menace to society, continually disregards the law, and is known for his violent leadership in the bloods. We will be petitioning the court for bond revocations on any previous charges and denial of bond on the new charges we have against him,” Dix said. “He had been boasting since he ran from Agents two weeks ago that his new street name would be Myrrin “Copperfield” Watson because he always escaped just like the magician does. We didn’t give him a chance to pull a rabbit out of his hat on this one. We pulled a convicted, documented, thug out of an attic for what is hopefully his final disappearing act from our community.”

Death in Spalding County Jail being investigated by GBI

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SHEILA A. MATHEWS :::

The Georgia Bureau of Investigation is investigating a death that occurred Wednesday morning in the Spalding County Jail.

Spalding County Sheriff Darrell Dix said it appears to have been a suicide.

“All indications in the video point to a suicide. We have the GBI investigating. We will have to wait on their determination, but all indications now are that it was a suicide with no employees other inmates involved,” Dix said.

The incident occurred Wednesday morning, with Dix receiving notification at approximately 6:25 a.m.

“I actually delivered the death message this morning. I met with his wife and mother-in-law,” he said. “I actually brought the family into my office and allowed them to view the video and it was (an apparent) suicide. I felt like it was the right thing to do, to allow them to see the video.”

Dix said employees attempted to resuscitate the person in custody but were unable to revive him.

“There were several employees between detention staff and medical staff that did CPR and they used an AED (automated external defibrillator),” he said. “They continued to work him until EMS got here, and after EMS got here, they worked on him all the way to the hospital. They did everything they could to resuscitate him, but it was just unsuccessful.”

Authorities say protocol was followed to preserve the scene for the GBI investigation.

“We locked down the facility. We locked down the area. We held everything until they got here. The cell was processed, and operations have returned to normal for the jail,” Dix said. “The GBI was called in immediately and they are handling the investigation at this point.”

Officials say no other persons in custody or jail staff were endangered.

Publisher’s note: While it is The GRIP’s policy not to report on suicides, in-custody deaths are an exception to that rule. However, the individual will not be identified out of respect for their survivors.

GPD withholds records in case alleging judicial misconduct against local judge

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SHEILA A. MATHEWS :::

The city of Griffin is again refusing to release public records to The GRIP, this time withholding records associated with an investigation of alleged judicial misconduct involving Spalding County Magistrate Judge Don Taliaferro.

The alleged misconduct was first reported to the Griffin Police Department on June 14, 2018, when Toni Presley accused Taliaferro of improper conduct involving her daughter, Melissa Roundtree.

After first initiating an internal investigation, GPD Chief Mike Yates on June 22, 2018, spoke by telephone with Assistant Special Agent in Charge Chris DeMarco, of the Georgia Bureau of Investigation Region 2 Office, requesting that agency’s assistance in the matter.

The following week, on the morning of June 26, 2018, DeMarco assigned Agent Jeff Hatchett to conduct a “preliminary review to determine if evidence exists that a crime has been committed or if circumstances warrant an in-depth investigation into the matter.”

Later in the morning of the 26th, Hatchett met at police headquarters with Yates, Sgt. John Hayes, Sgt. Jennifer Michel, Sgt. Kaylen Krueger and Officer Josh Jordan.

In his investigative summary in which he recounted the circumstances of this meeting, Hatchett reported that Yates described the details of the complaint, and provided information related to the GPD investigation.

Hatchett was also told GPD investigators had reported the allegation to Spalding County Chief Magistrate Judge Rita Cavanaugh and the Georgia Judicial Qualifications Commission (JQC).

The Griffin Police Department turned over to Hatchett certain records related to its investigation including surveillance photographs taken of Taliaferro and Melissa Roundtree and phone records.

It is those surveillance photographs that the GPD now refused to produce pursuant to an Open Records request submitted by The GRIP Publisher Sheila Mathews.

The Open Records Act (ORA) does allow for certain records to be exempt from release, but the city of Griffin failed to respond to Mathews’ Open Records request within the requisite time frame specified in Georgia code, and Mathews maintains there is no legal basis for refusing to release the requested photographs..

Her initial request was emailed to the city of Griffin Open Records portal at 11:28 a.m. Jan. 14. The city of Griffin was required to respond within three business days, which was Jan. 17, but no response was made until Jan. 21, the following week.

The city’s initial response was not only outside the mandatory time frame, but was non-responsive to the request itself.

City of Griffin Open Records Clerk Teresa Watson acknowledged the GBI criminal investigation had been closed while stating it remained “active” with the JQC.

Rather than respond the Mathews’ Open Records request seeking specific records of the Griffin Police Department, Watson provided the address and phone number of the JQC and asked, “Would you like to contact the JQC directly…?”

Mathews informed Watson that no JQC records were being sought, only those of the GPD, and she cited Georgia code, specifically § 50-18-72 (a) (4), which specifies that law enforcement records such as those she requested are only exempt from release in any “pending investigation or prosecution of criminal or unlawful activity…provided however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving such investigation and prosecution has become final or otherwise terminated…”

“The photographs I requested are not part of an active and ongoing criminal investigation by either the Griffin Police Department or the Georgia Bureau of Investigation, and it has been determined there will be no prosecution associated with any such investigation conducted by either agency, ergo, the records I seek are subject to production under the Georgia Open Records Act,” Mathews wrote on Jan. 21. “My request was submitted at 11:28 a.m. Tuesday, Jan. 14, 2019. The city did not respond within the three-day window required by the ORA, so the production of records has already been unnecessarily delayed. I respectfully request the records be produced before the close of business today.”

Watson soon replied, initially indicating the records would be forthcoming, but claimed production may be delayed due to the uncertainty of where the photos – evidence in the criminal investigation of Judge Taliaferro – were located within the Police Department.

“Diane Martin is assisting me with trying to locate the public records you seek that were related to a specific criminal investigatory action of the Griffin PD when the case was turned over to the GBI. Chief Yates advises if we actually have any photographs, a comprehensive hand search for them would be required to locate the unlabeled photos, as we have no mechanized method to do so,” Watson stated. “However, I am hopeful that there may be a file that documented what was provided to the GBI and that it may contain such photos. We are diligently trying to fulfill this request but will not be able to do so by close of business today. The Chief is out of the office until tomorrow, and I should be able to relay more information at that time.”

Mathews responded, “As the publication of an article is being delayed, I do request production of these photographs by 11 a.m. tomorrow.”

However, rather than honoring her previous claim that she and Martin were “working diligently” to produce the photographs, upon GPD Chief Mike Yates return to his office the following day, Jan. 22, Watson contradicted her Jan. 21 statement and said the city of Griffin would not produce the public records.

Instead, Watson claimed that although the criminal investigation has been closed, the Police Department’s records are exempt from release because the matter remains “active” with the JQC, which is a regulatory agency that has no bearing on the GPD or GBI investigation.

Watson also claimed a new, previously unclaimed basis of exemption that allows law enforcement records to be withheld “to the extent that production of such records is reasonably likely to disclose the identity of a confidential source, disclose confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation.”
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The Open Records correspondence between Mathews and Watson can be reviewed here:
ORR for Taliaferro surveillance photographs
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It is unclear how any of those exemptions would apply to Mathews’ Open Records request as the GPD and GBI investigations are closed; the two women involved in the case – Toni Presley and Melissa Roundtree – have already been publicly identified by the GBI; the investigative records sought are not confidential in nature and would not endanger anyone; and the photographs are unrelated to any ongoing confidential surveillance or investigation.

Furthermore, while the Griffin Police Department refuses to release its investigative records, the Georgia Bureau of Investigation has released its criminal investigative case file pertaining to the allegations lodged against Taliaferro.

The information provided to the GPD by Toni Presley on June 14, 2018, led directly to an investigation, including the surveillance, of a sitting Spalding County judge.

A GBI investigative summary dated June 27, 2018, and attributed to ASAC DeMarco states in part, “Chief Yates advised essentially the following: The police department had received a complaint about a Magistrate Court Judge (name not provided at that time) allegedly soliciting female defendants for sex. Chief Yates stated that preliminary information from his investigators assigned the complaint have information based on more than hearsay.”

That GBI record also indicated that at that time, the GPD was shrouding its investigation.

“Before concluding the conversation, Chief Yates indicated that only he and his investigators assigned the complaint know of this allegation,” DeMarco noted in his summary.

A video recording taped in a GPD interrogation room indicates Presley’s original statement to investigators was considered a formal report.

The recording shows former Griffin Police Officer Travis Wick read aloud the criminal code section related to false statements and writings, which was printed on an internal GPD report form. After Presley verbalized that she understood that law, Wick then required Presley sign and date the document and print her name. Wick then wrote on that document before passing it to Officer Dexter McCune, who did likewise.

Repeated attempts to obtain public records that are not exempt from release even if a case is active and ongoing, such as an incident report, have all been rebuffed.
____________________________________________________________________________________________
The Open Records requests that resulted in the Griffin Police Department’s denial of the existence of an incident report or case number can be reviewed here:
ORR re Incident Report Taliaferro
ORR re Case Number Taliaferro
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Not only does the GPD now claim there is no incident report or similar record associated with this case, the agency also denies the existence of even a case number.

Publisher’s note: A formal complaint alleging a violation of Georgia’s Open Records Act is being submitted to the Georgia Attorney General’s Office today.

Additional articles related to the allegations of judicial misconduct filed against Magistrate Judge Don Taliaferro and the resulting investigations are forthcoming.


County BoC reached consensus for 2021 SPLOST and TSPLOST referendums

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SHEILA A. MATHEWS :::

The Spalding County Board of Commissioners (BoC) has reached a consensus for the dates for two separate upcoming Special Purpose Local Option Sales Tax (SPLOST) referendums.

The SPLOST and TSPLOST referendums were discussed at length during the BoC’s annual retreat held Jan. 25 at the Spalding County Senior Center and was scheduled to be again discussed at tonight’s Board of Commissioner’s meeting.

The first, which will be a specially-designated Transportation SPLOST, is slated for March 2021, and the second would be on a Nov. 2021. The specific dates will be announced.

The discussion regarding the TSPLOST referendum date began with County Manager William Wilson presenting three 2020 dates for commissioners’ consideration – March 24, May 19 and Nov. 3.

It was determined that March was impossible, as there would be insufficient time to compile a project list prior to the requisite dates for public notification.

The remaining two possible dates were considered at length, with May’s date corresponding with the primary and November being a general election.

“We do better when it is a local, special-called election,” said Commissioner Gwen Flowers-Taylor, who later added, “The more people you have to vote, the more people you’ll have to vote no.”

Commissioner Don Hawbaker recalled the last November SPLOST referendum held in 2014, which he pointed out “failed miserably,” while remarking that the 2015 SPLOST referendum passed by a two-to-one margin of approximately 3,000 to 2,000 votes.

He attributed that margin to the community members who had proposed projects for that referendum.

“The project people were out really pushing their projects,” Hawbaker said.

Long a TSPLOST proponent, Hawbaker said he believes such a referendum may pass.

“I think there’s enough people that will see that we’re just going to have to bite the bullet, if they’re properly educated,” he said.

He later offered his support for a November referendum date.

“I know we’re likely to draw more no votes in November, but at least we won’t be accused of trying to slide it in,” Hawbaker said.

Flowers-Taylor expressed concern for how the referendums may be received in light of incomplete projects from the 2016 SPLOST referendum.

We need to be able to give direction on how the county will finish those 2016 projects, she stated.

“This is an infrastructure SPLOST to keep your county from falling apart,” said Commissioner James Dutton, in whose opinion that will help sell the referendum to voters.

“The people in this county who have made the SPLSOT fail in the past are the conservative Republicans,” stated Flowers-Taylor, who added that no one should assume a “conservative project” will draw yes votes from those who usually vote no.

Wilson advised the commissioners that staff was recommending a November referendum, and that to do so would require them to, “…hit the ground Monday.”

Flowers-Taylor said she preferred to go with the “highest and best change to pass it.” As far as the separate types of referendums are concerned, she said. “The people don’t know the difference in E and T.”

Wilson feels the proposed referendums will be aided by visual aids.

“A picture means a thousand words in this community,” he said of the before and after shots of completed SPLOST projects.

Commissioner Rita Johnson said she believes in order for another SPLOST referendum to pass, they must focus on completing outstanding 2016 projects.

She feels they will not “get the votes” until the community sees they are completing what was previously promised.

GPD arrests two on charge of felony theft by taking

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STAFF REPORT :::

Information provided by a Griffin resident assisted in the arrest of two suspects in a recent theft case.

The Griffin Police Department on Jan. 29, responded to a report of a stolen white enclosed trailer taken from the parking lot between the Valero gas station and Rustic Lantern on East Taylor Street.

Investigators obtained video footage from a nearby business and still photos from that video were posted to the GPD Facebook page.

The social media post resulted in a Griffin resident providing information to Investigator Adam Trammel that led to a School Road residence where the truck allegedly used in the theft was located.

That resulted in the identification of suspects, and arrest warrants were soon obtained for Christopher Bates and Jerry Kent, who have each been charged with felony theft by taking.

They are being held in the Spalding County Jail and are awaiting a bond hearing.

Authorities say the trailer and construction equipment allegedly stolen by the pair was recovered.

GPD Chief Mike Yates praised the individual who was willing to relate information that led to these arrests.

“This case is proof that the citizen’s involvement works and the information they provide can bring cases to a successful end,” he said.

BREAKING NEWS: Commissioner Don Hawbaker facing arrest for alleged threat against wife

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SHEILA A. MATHEWS :::

The GRIP has confirmed that arrest warrants have been issued for Spalding County Commissioner Don Hawbaker.

Hawbaker is facing multiple charges, some related to a domestic dispute with his wife, Gayle Hawbaker.

Records The GRIP obtained from Spalding County Magistrate Court indicate Hawbaker is facing charges of simple assault and three counts of disorderly conduct.

According to one arrest warrant, Don Hawbaker allegedly pointed a pistol in the direction of his wife, placing her in “reasonable apprehension of immediately receiving violent injury.”

The GRIP will report additional information on this developing story as it becomes available.

Spalding Commissioner Don Hawbaker facing multiple felony charges

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SHEILA A. MATHEWS :::

Don Hawbaker, the Spalding County commissioner who allegedly initiated a standoff with the Spalding County Sheriff’s Office SWAT Team will soon face additional felony charges related to claims he fired shots at deputies.

The incident began when SCSO personnel arrived at Hawbaker’s 1121 Satilla Court residence to serve four warrants for his arrest.

Those misdemeanor warrants – one for simple assault and three for disorderly conduct – were related to a domestic dispute with his wife, Gayle Hawbaker and three separate incidents with SCSO employees, respectively.

Prior to the Tuesday afternoon standoff, The GRIP obtained copies of those arrest warrants, which were granted to Lt. John Corley by Magistrate Judge Sam Parks.

The simple assault warrant pertains to a report made by Gayle Hawbaker alleging her husband on Saturday night pointed a pistol in her direction while she was in the master bedroom, “placing her in reasonable apprehension of receiving a violent injury.”

The three disorderly conduct warrants relate to verbal statements allegedly made by Hawbaker.

One involved Maj. Dwayne Jones.

“…accused did call the Spalding County Sheriff’s Office making contact with Major D. Jones asking him if Deputies came out to his residence last night,” Corley’s warrant reads. “Major. D. Jones was attempting to transfer the accused to Chief Tony Thomason at which point the accused told Major Jones ‘F*ck you’ twice on a recorded line.”

A second allegation of disorderly conduct stems from an alleged conversation with SCSO employee Alicia Bolton, whom he reportedly called “a b*tch” over a recorded line.

The third disorderly conduct charge relates to a voice message left for Thomason which allegedly included the statement, “Hey A**hole. Call me back. Call me back a**hole.”

Sheriff Darrell Dix on Tuesday night said his office will on Wednesday seek a minimum of three additional arrest warrants against Hawbaker, each for a felony count of aggravated assault against a law enforcement officer.

Hawbaker denied bond; now facing four counts of aggravated assault against LEO

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Donald F Hawbaker

Don Hawbaker Feb. 4, 2020, booking photo courtesy of the Spalding County Sheriff’s Office

SHEILA A. MATHEWS :::

Don Hawbaker was on Wednesday denied bond at his first appearance hearing before Spalding County Chief Magistrate Judge Rita Cavanaugh.

The Spalding County Sheriff’s Office on Tuesday obtained four misdemeanor arrest warrants against Hawbaker – one for simple assault alleging he pointed a pistol towards his wife, Gayle Hawbaker and three pertaining to alleged cursing when speaking to two Sheriff’s Office employees and once in a voice message left for a third SCSO employee.

The Sheriff’s Office today sought and was granted four additional felony warrants against Hawbaker, each for a count of aggravated assault against a law enforcement officer. These felony warrants relate to a Tuesday afternoon standoff involving the SCSO SWAT Team and other personnel that took place after deputies attempted to serve the initial misdemeanor warrants.

Hawbaker was taken into custody after SWAT operators breached his residence with the SCSO bear cat.

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