The Fayette Citizen-News Page

Wednesday, April 10, 2002

Jury takes over in conspiracy trial over sale of stolen tractors here

By JOHN MUNFORD
jmunford@TheCitizenNews.com

A Griffin man accused of participating in a scheme to sell stolen farm equipment in Fayette County delivered the equipment here on numerous occasions, according to two key witnesses in the trial.

Kenneth James Green faces state conspiracy and racketeering charges as prosecutors allege he conspired with others to sell stolen tractors, utility carts and skid steer loaders.

The jury, which began deliberations Tuesday afternoon, had not returned a verdict by press time Tuesday.

Two witnesses, who have already pled guilty to lesser charges for their participation in the scheme, identified Green as the man who delivered the stolen equipment many times.

Those witnesses, Larry Franklin Whitaker of Griffin and Lewis Gilbert Shirley of Fayetteville, pled guilty in October to two counts of conspiracy to commit theft by taking. Shirley was sentenced to five years in prison followed by five years of probation while Whitaker was sentenced to six years in prison followed by four years probation.

Shirley admitted to selling some of the equipment from his Fayette business, Fayette Auto Machines. He also admitted that he knew the equipment was stolen and that he stored some of the equipment at Green's request at the business.

Green delivered the stolen equipment "about 75 to 80 percent of the time," Shirley said.

"Sometimes they'd bring stuff I didn't want and sometimes I'd tell them what I wanted," Shirley said.

Shirley said Whitaker helped connect him with Green.

Earlier Monday, Whitaker testified that he sold stolen equipment for Green through his former business, Midway Collision Center in Griffin.

"He usually told me what he had," Whitaker said. "He'd call or come by ... and I'd find somebody who wanted what he had."

In his closing arguments, Green's attorney told the jury that the state had not proven Green stole the equipment. But Fayette District Attorney Bill McBroom said since Green delivered the equipment, he must have taken part in the thefts.

Earlier in the trial, an Albany police officer testified how Green's brother, Bobby, was arrested outside a farm equipment dealership there in what authorities believe was an attempt to steal equipment for the ring. Bobby Leon Green was found with keys that would start the equipment and a two-way radio, the officer testified.

McBroom alleged that Kenneth Green was driving the vehicle that would carry the equipment, and he left the area as Green and an accomplice were arrested.


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