Judge’s ruling pending

A hearing was held Thursday morning to dismiss the indictment of Warner Robins Economic Development Director Gary Lee, who has been charged with two counts of false report of a crime and one count of making a false statement.

According to the indictment, Lee caused a false report of the crime of forgery in the second degree and caused 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.

Houston County District Attorney George Hartwig is prosecuting the case, and attorneys Preston Haliburton and Charlie Cox are representing Lee. Haliburton and Cox filed the motion to dismiss the indictment based upon selective prosecution. Haliburton shared in his opening argument that the case against Lee seems 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. “What I have been told by all is that Mr. Lee is not properly accused of 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.”

Hartwig did not have an opening argument, but did make 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. Superior Court Judge Bo Adams, who is presiding over the case, said he acknowledged that the motions have racial overtones, and given all that is taking place across the nation, that the hearing would move forward in a proper, respectful orderly manner.

The defense and Hartwig had several witnesses called for the hearing beginning with the defense’s first witness, Warner Robins Mayor Randy Toms. Haliburton’s first question to Toms was whether he recalled giving an interview to local reporter, Zach Merchant, regarding secretly recording conversations with Lee. Toms said he did not remember, and to that Haliburton rephrased his question to whether Toms remembered giving any interviews to any of the local media outlets. Toms, again, said he did not remember. Haliburton submitted a video as evidence of Toms being interviewed by Merchant. Before the video was played, Hartwig objected, saying he had not seen the interview and noted that the mayor did not remember any interview. But Haliburton told Judge Adams that Toms would be able to identify himself in the video. Adam overruled the objection.

Toms then recalled the interview, which was, in fact, in regards to recording phone conversations with Lee.

“Not long after Gary came to me, I noticed that his story started to change, so therefore I started to record our conversation to protect myself,” Toms said. “Before I did, I sought the advice of then City Attorney Jim Elliott—if it was legal or illegal for me to do so, and since it was not illegal, I recorded our conversations.”

Toms also said that he called the Warner Robins Police at Lee’s request. Haliburton asked if that conversation was recorded, regarding Lee asking him to call the police. Toms said it was not. Haliburton also asked Toms if he thought it was odd that Lee has been charged twice with something he has said, being the only African American department director, to which Toms said he did not. Hartwig then proceeded to ask Toms a series of questions, including whether he felt that this case was racially motivated or politically motivated, and Toms said, “Absolutely not.”

Toms further stated, “During that time when this was first beginning in the investigation, Gary told me he did not want to see anyone get in trouble. But when he accused Mrs. (Kimberly) Black, I took it very seriously then.”

Other witnesses who were called to the stand were former Warner Robins Council member, Tim Thomas, local pastor, Bishop Harvey Bee, Warner Robins Human Resources Director Toni Graham, Warner Robins Police detective, Brett Rozier, and Houston County Sheriff’s Office investigator, Sergeant Eric Salter.

Graham testified that she had told Toms and the police, regarding the alcohol and substance testing form, that there was a clerical error due to having the wrong form, and in the beginning she had no knowledge of Lee stating that forgery had been committed and that he did not sign any such documents. Graham said it wasn’t until she was called into the mayor’s office with Lee present, that she heard Lee state that Kimberly Black, Warner Robins city employee, forged his signature.

In closing, Haliburton said that Lee has been found of committing no crimes, and that he was treated different during the investigation. Haliburton also noted that when the police was interviewing Lee that the city attorney was not present.

“This man is not a threat to the community,” Haliburton said. “It’s time to do the right thing, and this needs to be over.”

Hartwig closed saying that the indictment should stand given that Toms, Rozier, and Salter testified that Lee was the one who wanted a criminal investigation conducted, and accused Black of forging his signature. “Lo and behold, it turns out the person who is lying to law enforcement, falsely reporting matters, is this defendant, Mr. Lee. I am not concerned at all with whether he had the right form or not. That’s not the focal point, it’s did a forgery occur, yes or no? If so, then who did? But if no one did, then the defendant has reported a false crime, and that’s the direction of this case. Again, in regards to selective prosecution, Your Honor, there was another incident regarding Mr. Lee making threats against another department director. Well, I am the one who cleared him of no crime in that incident. Your Honor, I ask that we move this case to go to trial.”

Judge Adams then said given everything that was presented Thursday, it felt like it was more of a bench trial than a hearing. He said that he would need time to review and will then submit his ruling in writing.

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