Wednesday, October 11, 2000
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Wednesday, October 11, 2000 |
| PTC officer cleared
of alcohol allegations
By JOHN MUNFORD A Peachtree City police officer accused of providing alcohol to a 19-year-old girl while off duty at the local Chili's restaurant has been cleared of any wrongdoing by City Attorney Rick Lindsey. In a letter to police Chief James Murray, Lindsey said Cpl. Terry Blackburn didn't know the girl was under 19, partially because he had seen her consume alcohol in other establishments in the city. There was no evidence that Blackburn "in any way encouraged or offered Ms. [Katie] Hansen the beer which she drank," Lindsey wrote. "Furthermore, the evidence shows that there was absolutely no affirmative act on the part of Cpl. Blackburn to provide or furnish the alcohol to Ms. Hansen," Lindsey said in the letter. "There is no evidence that he offered Ms. Hansen the opportunity to drink from his beer bottle nor any evidence that he encouraged her to drink the beer." Hansen allegedly took a swig or two of Blackburn's beer, though she later told police that Blackburn and fellow officer Cpl. Jay Hughes likely didn't see her drink from the beer, said Maj. Mike DuPree of the Peachtree City Police Department. DuPree didn't reveal whether Blackburn has been reprimanded, citing that such information is considered a personnel matter. He did confirm, however, that the police department now considers the matter closed. Blackburn has stated he did not want to comment about the incident, DuPree said. Hughes had previously been cleared of any wrongdoing after Fayette County Solicitor General Steven Harris issued his opinion after studying the case file compiled by the Police Department during its investigation. Blackburn and Hughes were off duty and not in uniform July 25 when a Chili's employee called police to report that one of the officers had "provided" Hansen with the alcohol. The Police Department conducted its investigation and turned the entire case file over to Harris for a legal opinion. Lindsey's findings contrasted Harris' opinion that Blackburn "probably" violated one or more Georgia laws regarding the furnishing of alcohol to someone under 21 years old. Lindsey said in the letter that the laws Harris cited are applicable only to bartenders and other sellers of retail alcohol not to individuals. "The law holds such bartenders and other sellers of retail alcohol strictly liable for violation of the law of providing alcohol to a minor," Lindsey wrote. "This is not the case for individuals who are not in the business of selling alcohol." Harris, who also reviewed the case file resulting from the Police Department's investigation, said no criminal charges could be filed on Blackburn since no witnesses were willing to swear out an affidavit that Blackburn "provided" Hansen with the alcohol.
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