per request.
Sheriff Joe Buice issued a written statement last week lambasting district attorney Richard Milam and his staff for “selective law enforcement” and “stopping the wheels of justice”.
Buice was angered over a nolle prosequi order in the case of local businessman Arthur Kip Pelt who was charged with theft by receiving stolen property for allegedly possessing a bulldozer belonging to Henry County.
The sheriff alleged Milam’s office convinced Judge Tommy Wilson to sign the nolle prosequi order September 24 by arguing “everyone involved in the case (had) agreed” to it.
“My investigators and I were unaware the case was about to be dismissed. As sheriff, I was elected by you, the citizens, to enforce the law impartially. I realize the great responsibility that goes with the position. I cannot idly stand by and watch the judicial system be manipulated by a select few,” Buice wrote.
The court order dismissing the case says Henry County has agreed to sell Pelt the bulldozer and that the lead investigator on the case is no longer with the sheriff’s office.
Buice said his investigators contacted Henry County and were told “the (bulldozer) remains in their possession at this time and there are no plans to sell the property in question”.
The sheriff noted he is committed to honesty and integrity. “I do not subscribe to the notion of selective law enforcement,’ he said.
Buice alleged he faced undue roadblocks in the prosecution of Pelt from the outset of the case. He said chief magistrate William Thomas initially refused to sign the warrant in the case because he knew the family. Later the warrant was dismissed in magistrate court during a bond hearing, the sheriff alleged.
“An assistant district attorney attended the bond hearing and saw the injustice. He took the case before the next grand jury where you, the people of Lamar County, indicted the person on the same charges. The assistant district attorney is no longer with the district attorney’s office. Lady Justice is blindfolded while holding the scales of justice for a reason,” Buice said.
“Lamar County has seen enough of the ‘good ole boy’ style of government. What happened in superior court (last) Monday morning was a third and final attempt to end this case forever. What happened to justice? What happened to the people’s day in court,” Buice continued.
The sheriff went on to report 20 cases - six of them burglaries or thefts - were no billed by the September term grand jury at the request of the district attorney’s office. He noted the huge expense his office and other law enforcement agencies go to attempting to get cases into court.
“Why is it that a select few can stop the wheels of justice? The next time you wonder why crime seems to be out of control, take a look at your judicial system. Why do the same persons get charged with burglary time after time? Why do the same persons get charged with selling drugs time after time,” Buice asked.
He also questioned why so few cases go to jury trials.
“Sadly enough, I can say that in the past three years of my administration, I can almost count on one hand every criminal case that has been tried by a jury. The courts will argue it costs hundreds of thousands of dollars to try cases. Can we afford not to try cases? Do we only convict those who want to plead guilty in order to get half (the) sentence they should serve,” Buice asked.
Milam was contacted for a response and issued a statement of his own. It follows in its entirety:
“This case was investigated by Steve Burge of the sheriff's department. He discovered that Mr. Pelt was in possession of a piece of equipment that had been stolen approximately six years earlier in Henry County.
“He charged Mr. Pelt with theft by receiving stolen property, OCGA 16-8-7. That code section requires that the State prove not only that the property was stolen but that Mr. Pelt received it under circumstances that the knew or should have known that the property was stolen.
“After the arrest, Judge Thomas conducted a preliminary hearing wherein he heard the evidence and concluded that the State could not prove that Mr. Pelt knew or should have known that the property was stolen. Therefore, Judge Thomas dismissed the charges entirely. At the request of Mr. Burge, my assistant presented the case to the Grand Jury and obtained an indictment.
“While preparing this case for trial, we have reviewed the facts as completely as we could and found additional problems with the case. Judge Thomas had initially found that the evidence was insufficient. Our further investigation and research led us to conclude that there was an insurmountable search and seizure problem in the case. Therefore, we would not be allowed to submit all of our evidence.
“My current assistant discussed all of these facts with me and with Mr. Burge. Mr. Burge agreed with the recommendation that the case be dismissed. I do not recall ever having discussed this case with Sheriff Buice.
“My judgement was that I could not obtain a legally sustainable conviction in the case. I do not think I have ever met Mr. Pelt. This decision was made on the basis of my training and experience and an honest desire to do justice within the law.”
Editor’s note: The full text of the sheriff’s statement is published on the Herald-Gazette website at www.barnesville.com.
