BUTTS COUNTY, Ga. (CBS46) — “My promise to the citizens of Butts County is to protect the public, especially the children. This means making families aware if a registered sex offender is living close to them,” said Sheriff Gary Long after a judge ruled against “no trick or treat” signs placed near homes of registered sex offenders.
The signs, which were previously placed on homes ahead of Halloween 2018, were intended to warn parents not to take their children to specific homes where a sex offender resides.
Corey McClendon, Reginald Holden and Christopher Reed filed a lawsuit against the sheriff’s office to prevent the signs from going up this year.
Reed’s father told CBS46 under no circumstances can anyone place a sign, or do anything for that matter, to his property.
“I paid for the land, I paid for the taxes. So who are they to come and put signs on my property,” he asked. “I think it’s wrong. I think it’s humiliating,” he added.
“The judge in this matter has ruled that I can not put signs on the right-of-way of the three offender that filed the lawsuit,” said Long. “While I respectfully and strongly disagree with the judge’s ruling, I must abide by the ruling,” added Long.
Long also stated he sought legal advice prior to posting the controversial signs out, insuring they were in compliance with Georgia Law O.C.G.A. 42-1-12 (i)(5), which states:
“The Sheriff’s Office in each county shall: Inform the public of the presence of sexual offenders in each community.”
Though the signs are a no-go, Long says he and his deputies will be out in full force to protect trick-or-treaters.
“For this Halloween, our deputies will keep a very strong presence in the neighborhoods where we know sex offenders are likely to be. Deputies will have candy in their patrol vehicles and will interact with the children until the neighborhood is clear of trick-or-treaters to ensure the safety of our children on Halloween night.”
Long also urged the public to not take matters into their own hands. Adding, “we understand frustration with the judge’s ruling, but we all must abide by it unless it is overturned on appeal.”
To view the sex offender registry map, click here.
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A federal judge heard arguments in court last week and handed back the decision, Tuesday.
ATLANTA — A federal judge has issued a ruling favoring – in part – three registered sex offenders who sued the Butts County Sheriff, calling the “no trick-or-treat” signs the sheriff placed in their yards an abuse of power.
Last year, Butts County Sheriff Gary Long had deputies place the signs in the yards of the registered sex offenders in the days leading up to Halloween, alerting parents and trick-or-treaters that they should avoid those homes.
“My office took precautions and placed signs indicating ‘No Trick-or-Treat’ at each registered sex offender’s residence in the County,” Sheriff Long said. “This was done to ensure the safety of our children.”
Georgia state law prohibits registered sex offenders from placing Halloween decorations on their property. But several of the sex offenders objected to the signs, saying it made them a target and was an overreach by the sheriff. Three of those offenders ended up filing suit, arguing that the yard signs went too far – breaking the law in the name of enforcing the law.
“State law does require him to notify the public in very specific ways, and none of those ways includes placing signs on registrants’ lawns,” explained Mark Yurachek, one of the attorneys representing the plaintiffs.
According to the lawsuit, the offenders questioned whether the sheriff “exceeded his authority” in putting up the signs and whether deputies trespassed on their properties in doing so. The suit also says the deputies’ actions caused harm, including “anxiety, embarrassment and humiliation,” and damaged their ability to trust law enforcement. They sought a jury trial and damages.
A federal judge heard arguments in court last week and handed back the decision, Tuesday.
“The question the Court must answer is not whether Sheriff Long’s plan is wise or moral, or whether it makes penological sense. Rather, the question is whether Sheriff Long’s plan runs afoul of the First Amendment of the United States Constitution. It does,” the ruling states.
In the ruling, the judge granted the named plaintiffs’ motion to prevent the sheriff’s office from posting the signs in the named plaintiffs’ yards. However, the judge declined to offer damages. The court also declined to enter into a sweeping injunction in favor of all registered sex offender, but warned the sheriff’s office “should be aware that the authority for their blanket sign posting is dubious at best and even more dubious if posted over the objection of registrants.”
The court continued, saying that the ruling does not limit the sheriff’s discretion “to act on specific information suggesting a risk to public safety. But he cannot post the signs over the named Plaintiffs’ objections simply because their names are on the registry.”
In a statement to 11Alive following the judge’s ruling, Yurachek, the attorney, said his clients were “thankful” to the court’s “thoughtful and measured decision.”
“There is a long way to go in this action and, although we decline further comment specifically addressing the litigation, we are hopeful that this decision indicates that, as with this preliminary issue, we will prevail in the permanent injunction action and the lawsuit in general,” the statement continued. “We hope for and wish that every child in Butts County and in every community in the country enjoys a joyful and safe Halloween and note, as the Court’s opinion did, that the lack of signs in front of registrants’ homes will not affect either their joy or their safety this year or any other year.”
He added that he would hope the ruling gives the sheriff “pause about putting up signs this Halloween or in the future.”
11Alive reached out the sheriff’s office for a comment on the ruling. They posted a response on their Facebook page saying they will continue to fight the lawsuit, but will not put up any yard signs while the suit is pending.
“The judge in this matter has ruled that I can NOT put signs on the right-of-way of the three offenders that filed the lawsuit. While I respectfully and strongly disagree with the judge’s ruling, I must abide by the ruling,” the sheriff said.
The sheriff added that he sought advice from the Prosecuting Attorneys Council in 2018 before deputies placed the signs, who gave specific instructions on how to place them in compliance with Georgia Law.
In lieu of the signs, the sheriff said he will keep a “very strong presence” in the neighborhoods where there are known sex offenders. He also added that while some may be disappointed with the ruling, he strongly encouraged they “NOT take matters into your own hands this Halloween.”
“We understand frustration with the Judge’s ruling, but we all must abide by it unless it is overturned on appeal. Unfortunately, there is no time to appeal before this Halloween,” the sheriff said. “My promise to the citizens of Butts County is to protect the public, especially the children.”
Last year, Butts County Sheriff Gary Long placed signs in their yards that said they were sex offenders and warned children not to trick-or-treat at those homes.
BUTTS COUNTY, Georgia — A Georgia Sheriff wants to protect trick-or-treaters from sex offenders using yard sings, but sex offenders argue the signs go too far and violate their rights.
On Friday’s Lunch Break with Jay Crawford and Betsy Kling, 3News Legal Analyst Stephanie Haney broke down the arguments on both sides of a lawsuit filed by sex offenders hoping to stop the signs from going up again.
Last year, Butts County Sheriff Gary Long placed signs in their yards that said they were sex offenders and warned children not to trick-or-treat at those homes ahead of Halloween festivities.
The lawsuit filed by registered sex offenders Christopher Reed, Reginald Holden and Corey McClendon on behalf of all sex offenders in Butts County argues that this is trespass, that the Sheriff has no legal authority to place the signs in their yards, and to do so is a violation of the constitution by forcing them to sanction speech.
During a court hearing on Thursday, however, the Sheriff argued the part of the yard where the sign was placed last year, and where he wants to put them again this year, is in the public right of way near the street so trespass doesn’t apply.
He also pointed out the planned signs for this year do not say the people in the homes are sex offenders.
At the heart of this issue is what rights registered sex offenders must give up when they are convicted of their crimes and what they’re required by law to do once they’ve been released from incarceration.
The attorney for the sex offenders told CNN in a statement: “The Registry Statute affords the Sheriff many legal avenues by which he may publicize the name, address and even photograph of every registered sex offender in Butts County, but unless and until the Legislature authorizes it, coming onto their property to force them to display signs is simply not one of them.”
Unlike Georgia, Ohio has a “no candy” law, which prohibits sex offenders on probation and parole from handing out candy and otherwise being a part of trick-or-treating.
These kinds of laws can be difficult to enforce, however, without a constant police presence keeping an eye on homes where they live.
Long said on Monday in a post on Facebook: “Regardless of the Judge’s ruling on Thursday, I WILL do everything within the letter of the Law to protect the children of this Community.”
On Thursday at 2:29 P.M. the Sheriff’s Department updated that statement to say no ruling has been made yet in the case, and that they department has been advised to make no further comments at this time.
Last year, Butts County Sheriff Gary Long placed signs in their yards that said they were sex offenders and warned children not to trick-or-treat at those homes.
BUTTS COUNTY, Georgia — A Georgia Sheriff wants to protect trick-or-treaters from sex offenders using yard sings, but sex offenders argue the signs go too far and violate their rights.
On Friday’s Lunch Break with Jay Crawford and Betsy Kling, 3News Legal Analyst Stephanie Haney broke down the arguments on both sides of a lawsuit filed by sex offenders hoping to stop the signs from going up again.
Last year, Butts County Sheriff Gary Long placed signs in their yards that said they were sex offenders and warned children not to trick-or-treat at those homes ahead of Halloween festivities.
The lawsuit filed by registered sex offenders Christopher Reed, Reginald Holden and Corey McClendon on behalf of all sex offenders in Butts County argues that this is trespass, that the Sheriff has no legal authority to place the signs in their yards, and to do so is a violation of the constitution by forcing them to sanction speech.
During a court hearing on Thursday, however, the Sheriff argued the part of the yard where the sign was placed last year, and where he wants to put them again this year, is in the public right of way near the street so trespass doesn’t apply.
He also pointed out the planned signs for this year do not say the people in the homes are sex offenders.
At the heart of this issue is what rights registered sex offenders must give up when they are convicted of their crimes and what they’re required by law to do once they’ve been released from incarceration.
The attorney for the sex offenders told CNN in a statement: “The Registry Statute affords the Sheriff many legal avenues by which he may publicize the name, address and even photograph of every registered sex offender in Butts County, but unless and until the Legislature authorizes it, coming onto their property to force them to display signs is simply not one of them.”
Unlike Georgia, Ohio has a “no candy” law, which prohibits sex offenders on probation and parole from handing out candy and otherwise being a part of trick-or-treating.
These kinds of laws can be difficult to enforce, however, without a constant police presence keeping an eye on homes where they live.
Long said on Monday in a post on Facebook: “Regardless of the Judge’s ruling on Thursday, I WILL do everything within the letter of the Law to protect the children of this Community.”
On Thursday at 2:29 P.M. the Sheriff’s Department updated that statement to say no ruling has been made yet in the case, and that they department has been advised to make no further comments at this time.
JACKSON, Ga. (AP) – Three sex offenders in a Georgia county are suing the sheriff over signs warning families not to trick-or-treat at the offenders’ homes.
News outlets report the lawsuit filed in federal court asks Butts County Sheriff Gary Long to stop putting the signs in the yards of convicted sex offenders.
The lawsuit by Christopher Reed, Reginald Holden and Corey McClendon says some of the county’s sex offenders were told to either display the signs or face unspecified trouble. Long says a hearing is set for Thursday.
Long has said the signs comply with a state law that forbids sex offenders from participating in Halloween. Other counties including Spalding and Monroe have taken similar approaches. Last year, Monroe County Deputy Marilynn Fitts said sex offenders without signs would have to spend the night at the sheriff’s office.
GREENSBORO, Ga. — A 70-year-old Greene County man will spend the next three years of his life in prison.
William Boyd Anderson, of Greensboro, pleaded guilty Monday morning in Greene County Superior Court in Greensboro to two counts of felony sexual battery and one count of simple battery, a misdemeanor, according to court records.
Ocmulgee Judicial Circuit Superior Court Judge Amanda S. Petty sentenced Anderson to 10 years, the first three of which will be served in prison. Anderson also was ordered to register as a sex offender and to abide by sex offender conditions after he is released from prison.
Before sentencing, Leslie Saunders, a victim advocate, read a letter in open court from a victim’s mother, according to a court official.
Anderson was arrested Sept. 18, on three counts of child molestation and one count of felony sexual battery of a child under the age of 16, according to Greene County Sheriff’s Office Investigator Capt. Lee Stancill.
“The investigation began when we received information from the parents of one of the victims,” Capt. Lee Stancill said in a press release shortly after Anderson’s arrest. “After opening an investigation, additional complaints were received and those allegations were investigated as well.”
A court official said Anderson was arrested for inappropriately touching children in the neighborhood when they were at his residence.
Ocmulgee Judicial Circuit Chief Assistant District Attorney Allison Mauldin prosecuted Anderson on behalf of the state.
Jeannette Farmer Eady, 74, passed away Tuesday, May 19, 2020. Graveside services will be held at 2 p.m. Thursday, May 21, at Nunn-Wheeler Cemetery with the Rev. Freddie Hogg officiating. Mrs. Eady was born in Milledgeville and was a graduate of Baldwin County High School. She worked for Dr. …
Grady Ray Townsend (Pop) of Oxford, passed away Friday, May 15, 2020, at the age of 89. A Marine, Mr. Townsend valiantly served his country in the United States Marine Corps during the Korean War and was a faithful member of Heritage Hills Baptist Church. He was a hardworking, selfless man w…
Benjie Dewayne Fountain, 58, passed away Thursday, May 15, 2020. Private services will be held at West View Cemetery. Benjie was a life-long resident of Baldwin County. He was a retired electrician. He was preceded in death by his father, James E. Fountain; and two brothers, Eddie Fountain a…
A private burial service for Mrs. Lois Gilbert of Sparta, Ga., will be held for family. Her memories shall forever remain in the heart of her children, Johnnie Gilbert, Jennie Rous, Brenda Gilbert, Polly Wheeler, Eddie Gilbert, Bobby Gilbert, Deborah Gilbert, Timmy Gilbert, Trudy Butt and Ro…
Funeal services for Mrs. Evelyn R. Abram of Sparta, Ga., will be held privately with family. Her memories will be cherished by her children, Timothy Duggans, Charles Duggans, Kathy Harper, Lucious Abrams, Reva Williams and Vanessa Cheathem. Services entrusted to Dawson’s Mortuary, 98 Hopgood…
A Silver Creek man remained in jail Wednesday without bond, accused of failing to register as a sex offender.
According to Floyd County Jail reports/ warrants:
James David Fondaw, 34, was arrested Tuesday on a felony warrant for failing to register as a sex offender within 72 hours of moving from his last address, leaving him in violation of the Georgia Sex Offender Registry.
Fondaw is charged with felony failure to register as a sex offender.
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Georgia State Board of Pardons and Paroles Chairman Terry Barnard, right, gives a plaque to Tina Stanley after she shared her life story at the October meeting. The state board has pardoned the Dalton resident. Contributed
Dalton’s Tina Stanley achieved a milestone a few weeks ago when she was declared rehabilitated by the state parole board.
Dating back to 1993, her struggles with drug addiction led to Stanley committing a string of offenses ranging from shoplifting to conspiracy to defraud to methamphetamine possession. Keeping her nose clean since her two-year prison stint ended in 2009 earned her a pardon by the Georgia State Board of Pardons and Paroles.
It was a big moment, but more of a symbolic gesture for Stanley than it would be for most. She overcame some of the barriers that hold back many ex-offenders, including access to quality housing, jobs and educational opportunities.
The 57-year-old says she is fortunate that two judges ended her 15-year probation sentence early in 2014, allowing her to go to school to become a treatment facility counselor.
“I can tell others, ‘I did the right thing, you can do it too,’” Stanley said. “You just have to do the right thing, it is possible.”
For many of Georgia’s ex-offenders like Stanley, getting pardoned is the best recourse to escape the stigma of a criminal past. Last year, the parole board pardoned 467 people who stayed crime-free for at least five years.
Yet, while pardons show that a person is forgiven by the state, that doesn’t clear their criminal record like an expungement would. An expunged criminal conviction is sealed, or erased in the eyes of the law.
And people like Stanley and organizations such as the Georgia Justice Project say now is time to expand a law that prevents someone convicted of a crime from ever having their conviction and arrest records sealed.
“I don’t think if you’ve made a mistake, which I made, I don’t think you should serve a life sentence for that,” Stanley said. “People are needing employment, they’re needing housing and if they can’t get that, they’re going back to doing what they know.”
An expungement is only allowed in Georgia to remove an arrest record when someone was not convicted of that crime, and for some misdemeanor offenses, such as marijuana possession and shoplifting, that are committed before the age of 21.
Georgia is home to 4.2 million residents with some type of criminal history, according to the Atlanta-based nonprofit Georgia Justice Project, which is leading the Second Chance For Georgia Campaign to push for a new expungement law.
“We’ve been working for years on this specific legislation and we feel there is a chance to get it through this year,” executive director Doug Ammar said. “The idea is simple: if someone has been convicted of a crime at some point in their lives, it shouldn’t stay with them and haunt them for the rest of their lives.”
Expungement is supported by several statewide prosecutors’ associations and the members of former Gov. Nathan Deal’s criminal justice reform council.
Some oppose restricting public access to criminal histories held by the government, including organizations that advocate for transparency and increased access to public records.
Major details are still to be sorted out. Those include the length of time someone must wait to get their record expunged, the type of crimes covered under the law and how a victim could be involved in the expungement process, said Peter Skandalakis, executive director of the Prosecuting Attorneys’ Council of Georgia.
“We believe in the concept,” he said. “There’s no objection to looking at record restriction, expungement, the sealing of records.The question is what are the details?”
In 2018, the Georgia Council on Criminal Justice Reform recommended that legislators consider expunging some kinds of misdemeanor and felony convictions. The council said certain crimes such as serious traffic, sex and family violence offenses should not be expunged.
The council’s report noted that 90% of employers perform criminal background checks on at least some of its applicants and 66% of housing providers said they would not let someone with a criminal history live on their property.
“The unfettered public access to criminal histories bars millions of Georgians from opportunities for a stable income and secure shelter, and these eliminated opportunities come with a cost,” the report said.
One of its council members is Dacula Republican Rep. Chuck Efstration who said everyone from law enforcement and prosecutors to civil rights organizations need to share a role in how this process plays out.
There are several versions of record restriction legislation in Georgia, including one that covers more serious crimes including sex offenses and one that proposes an automatic expungement system instead of letting a judge make the decision.
The Georgia Justice Project and others are working on new legislation that is expected to be considered in 2020.
A Smyrna man who pimped out two girls, aged 14 and 17, from a Marietta motel room has been sentenced to 13 years in prison followed by 17 years of strict probation in which he cannot have any contact with a minor.
Brandon Miller Myers, 35, was sentenced by Cobb County Superior Court Judge Kimberly Childs on Sept. 25, having negotiated a plea deal on charges of pimping and enticing a child for indecent purposes.
His co-defendant, 22-year-old Smyrna resident Jasmine Avery, was sentenced by Childs in November last year to 12 months probation, having negotiated a plea deal on a sex trafficking charge.
Prosecutors said Myers and Avery worked together to pimp the two teenage girls, but that Avery was less complicit than Myers.
The two were arrested in March 2018 for running a prostitution operation out of a room at the Days Inn motel, on NW Parkway SE in Marietta near Delk Road.
Warrants state the pair commanded the girls to communicate via the TextNow app with persons answering ads placed on the Backpage website for the purpose of soliciting for prostitution.
The victims told police Myers was their pimp, who made them respond to requests for sexual favors via the TextNow app and to meet with clients to have sex for money.
Myers threatened to restrain and confine the girls if they did not comply, warrants show.
He was also sentenced on a charge of possessing a handgun as a convicted felon, having previously been sentenced for cocaine possession.
As a condition of his probation, Myers is not to have any contact or communication with anyone under the age of 18, including his own children, and must register as a sex offender.
He is not to live in a house with children, date or marry anyone with children, or drive alone in the vicinity of parks, schools, playgrounds or anywhere else where children are commonly known to be.
Jail records show Myers is in Ware State Prison in south Georgia.
Avery is to get treatment for substance abuse as part of her probation.
