Judge Adams rules to deny motion

Houston County Superior Court Judge Bo Adams ruled Monday morning that criminal charges against Warner Robins Economic Development Director Gary Lee can go forward.

Adams denied two motions by Lee’s attorneys to dismiss charges filed against him. Last year, Lee was indicted on causing a false report of the crime of forgery in the second degree and a false report of the crime of execution of a false notarial certificate. Lee was also accused of knowingly and willfully making a false statement to Houston County Sheriff’s investigator, Eric Salter. Lee told Salter that he did not sign his name to a City of Warner Robins alcohol and controlled substance policy.

A hearing was held on June 4, 2020 at the Houston County Superior Courthouse, where Lee’s attorneys, Preston Haliburton and Charlie Cox, argued that the charges should be thrown out due to selective prosecution and that the indictment was too vague.

According to Adams’ order, at the hearing, investigators Sgt. Brett Rozier of the Warner Robins Police Department and Sgt. Eric Salter of the Houston County Sheriff’s Office both testified that the defendant (Lee), made statements directly to them, not through communications forwarded by the mayor.

“The court finds that the underlying indictment is not defective, complies with O.C.G.A. 17-7-54, and apprises defendant of the charges to which he must be prepared to answer at trial with sufficient detail,” Adams stated.

Lee’s attorneys also argued that Lee was being selectively prosecuted because former Warner Robins council member, Tim Thomas, allegedly told Toms, in a closed council meeting, that someone was tapping city phones. They argue that Thomas was not prosecuted, but Adams wrote that Thomas never asked for a police investigation and never accused anyone of a crime.

Haliburton shared in his opening argument during the June 4 hearing that the case against Lee seemed to be racially and politically motivated.

“I have read this indictment over and over, as well as sought opinions of many other attorneys,” Haliburton said at the hearing. “What I have been told by all is that Mr. Lee is not properly accused of a crime; in fact, no crime has been committed. Gary Lee is the only minority department director down at Warner Robins City Hall, and he is the only one that has been accused several times of a criminal act, been recorded without knowing; he’s been the only one to be drug tested, and is the only one to have gotten arrested. Your Honor, we still do not know, to this day, who officially reported this crime, the mayor, City Attorney Jim Elliott, or the Human Resources Department.”

Houston County District Attorney George Hartwig replied at the hearing by making a statement that he was concerned by the defense’s allegations.

“I am very concerned that the defense, after this case has been pending as long as it has, is coming in this courtroom and making allegations,” Hartwig said. “Making allegations that this district attorney is selectively prosecuting this defendant because of his race and his political persuasion. That is absolutely ridiculous, I find it highly offensive, and I don’t appreciate it.”

To that, Haliburton apologized and said it was not a personal attack, but more so showing the court that Lee has been treated differently from the other department directors. Adams said at the hearing, that he acknowledged that the motions have racial overtones.

No trial date has been set for Lee at this time.

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