Yr in Review: Crime

Perhaps one of the most notable criminal cases 2014 was in Hart County where former Hart County Probate Judge found himself on the other side of the law – charged with misdemeanor simple battery and intent to commit sexual battery.

Smith turned himself in on May 23rd to the Hart County Sheriff’s office. He was later released on bond.

The charges led to an official inquiry by the State Judicial Qualifications Commission into whether Smith was fit to continue to hold office.

According to the Commission’s filing, on May 21, Judge Smith allegedly called the Bryan County Probate Judge’s administrative assistant on behalf of a woman who had gone to him for help with an outstanding traffic citation in that county.

During that phone conversation, the filing states Judge Smith allegedly falsely stated that he was calling on behalf of his granddaughter in an attempt to influence the outcome of the woman’s case.

Additionally, the filing stated that the victim told authorities that after that phone call, Judge Smith allegedly fondled and kissed her without her permission. Then just before Smith was set to go before the Commission in a special hearing in July, he resigned suddenly.

Smith’s last day is September 30th, but he will remain on medical leave until then,” White said Thursday morning. “He has also agreed not to perform any further court functions and will not pursue any other public office.”

Then in August, White was scheduled to take Smith’s case before a Hart County Grand Jury.

Smith’s last day is September 30th, but he will remain on medical leave until then,” White said Thursday morning. “He has also agreed not to perform any further court functions and will not pursue any other public office.”

Then in August, White was scheduled to take Smith’s case before a Hart County Grand Jury.  Smith’s attorney Tim Healy said his client was ready and willing to defend himself before the Grand Jury.

“Judge Smith denies all the charges made against him and the ones expected to come,” Healy said. “He has not admitted to any wrongdoing because he is innocent. Judge Smith looks forward to defending himself and vindicating his name and innocence.”

But Smith’s request to testify in his own defense to the Grand Jury was denied.

“The District Attorney previously offered to allow Judge Smith to give testimony before the Grand Jury and to provide Judge Smith with a copy of the proposed indictment at least 15 days before the Grand Jury hearing. This is because Judge Smith is a public official under Georgia law,” Healy wrote in a press release. “Now, the District Attorney claims that the law does not provide this right to Judge Smith. Judge Smith and his attorneys disagree with this interpretation of the law.”

White tells WLHR News he had offered Smith a plea deal as requested by his attorneys, but his attorneys never responded by the deadline, and the criminal investigation against Smith continued.

White said Georgia law only allows for certain elected officials to be present at Grand Jury when the State intends to present charges under a specific set of circumstances.

‘The code section affording such a right to elected officials specifically says, ‘This Code section shall not apply when a public officer is charged with any other crime alleged to have occurred while such official was in the performance of an official duty.’ (OCGA § 45-11-4(d)). The code also says, ‘This Code section shall only apply to a public officer holding office at the time of indictment and not to former office holders.’
“Ultimately Judge Smith tendered his resignation on July 23, 2014, one month and seventeen days after the offer Mr. Healy requested had been extended, and over a month after the deadline for acceptance,” White said.

But so far, the case has not been heard by the Grand Jury and White has not commented further on the case, citing a GBI investigation, which has now concluded.

Earlier this month, voters in Hart County selected Merry Kirk as the new Probate Judge following a special election and run-off.

FRANKLIN COUNTY MAN SENTENCED AFTER THREATENING LAW ENFORCEMENT OFFICERS

And a Martin man, who threatened Franklin County Sheriff’s deputies had his day in court and is spending a decade behind bars.

In May, a jury found Donald Jaynes guilty on four of six counts of aggravated assault against a police officer and four counts of felony obstruction.

On June 11, 2013, Jaynes called Franklin County 911 complaining about four-wheelers driving down the road in front of his house.  During the 911 call, Jaynes threatened to shoot the deputies if they came on to his property or attempted to take away his guns.  When officers arrived at his Pleasant Hill Drive home, Jaynes pointed a rifle at them and threatened to kill all of them.

Officers were eventually able to subdue Jaynes and arrest him as he spoke with Franklin County Sheriff Stevie Thomas in his carport. 

At his sentencing hearing in June, Jaynes shouted out that he wanted to die.

“This is one of the saddest and scariest cases I’ve seen,” said Superior Court Judge John Bailey in delivering his sentence. I believe the officers showed great restraint and not using their weapons.”

Again, Jaynes shouted out, “I wanted them to kill me, I want to die!”

Bailey said because it is clear Jaynes needs help, he recommended Jaynes be transferred to the Georgia Diagnostic Class Prison in Jackson, GA for an initial mental evaluation and if needed, be hospitalized.

The judge ruled Jaynes be transferred to the Georgia Diagnostic Class Prison in Jackson, GA for an initial mental evaluation and if needed, be hospitalized.

After the sentencing, his attorney, Harvey Wasserman said the sentence was fair.

“I think it was reasonable. I understand it,” he said. “I think Mr. Jaynes has some serious psychological problems that explains a lot of what he did, but in the court’s eyes he still has some danger to the community. The judge recommended that his incarceration be in a hospital or medical setting and we all hope that is what’s going to happen.”

Jaynes is serving 10 years in prison and will serve another 50 years on probation.

THREE DEAD IN MURDER-SUICIDE COVERING HART AND FRANKLIN COUNTIES

 In April, residents in both Franklin and Hart Counties were sent reeling after a murder-suicide left three people dead.

It began on a Saturday night, April 12 at Froh’s Restaurant on Rock Springs Road in Hart County.  According to Hart County Sheriff Mike Cleveland he received a call late that night regarding at shooting at the popular restaurant.

“I got a call about midnight. When I arrived, one victim, Jason Forkin, was on the floor already expired,” Cleveland said.

Forkin was the owner of the restaurant.

Cleveland said the shooter, identified as 46-year old Sammy Chumley, address unknown, came to the restaurant after closing armed with a gun.

“When Forkin saw Chumley had a gun, he ran into another room,” Cleveland said. “He then ran outside into a covered outside dining area where Chumley caught up with him and shot him.”

Witnesses said Chumley then went back inside and grabbed his ex-wife, indentified as Laurie Weaver Chumley, address unknown, and forced her at gunpoint to leave with him.

The two were seen getting into Weaver’s car. Chumley drove them to a burned out house on Muddy Branch Road off Uniwatti Road in Franklin County near Canon where the couple had once lived, Cleveland said.

There, Chumley shot and killed his ex-wife and then turned the gun on himself.

Cleveland said Chumley shot himself in the head. He was taken to an area hospital and was put on life support but later died.

Cleveland said it’s not clear why Chumley shot Forkin. Forkin was the owner of Froh’s, a popular eatery on Hartwell Lake near the Rock Springs boat ramp. Laurie Weaver Chumley was an employee at the restaurant.

The couple was reportedly separated at the time of the incident and left behind two little girls.