Wednesday, December 24, 2003
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Wednesday, December 24, 2003 |
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Sheriff refuses to jail marshal’s DUI arrest By JOHN MUNFORD Fayette County jailers refused to accept a prisoner charged with DUI Sunday who had been arrested by a Fayette County marshal. The snub was directed at the county’s marshals office, which Fayette County Sheriff Randall Johnson contends is not a legally-operating traffic law enforcement agency. Johnson, who operates the jail as part of the sheriff’s department, is at odds with the Fayette County Commission, which operates the marshal’s office. County Commission Chairman Greg Dunn contends the marshals office is on firm legal ground; he noted the irony of the county having a new jail but having a prisoner turned away despite the availability of space. Despite their differences, Johnson and Dunn agreed on one thing Monday: a need for a quick resolution to the dispute. The matter has been up in the air since August when Johnson indicated he would no longer accept state law violators from the marshal’s office; since then Dunn contends the marshals have arrested one person who was wanted in another state and the jail agreed to house the prisoner. At that point, county officials thought the dispute had been put to rest, Dunn said. The marshals office consists of Georgia-certified police officers whose primary duties are to provide security for county facilities and enforcing county ordinances, the county contends. Because they are sworn police officers, they sometimes must make arrests based on traffic offenses they witness, Dunn said. “In my mind, we’re putting our marshals in a very life-threatening situation,” Dunn said of the sheriff’s refusal to house prisoners from the marshals office. “What if you had a 300-pound thug they are dealing with? We’ve got to have a solution to this.” Dunn contends the marshals office is operating legally and has always been a county police force since it was grandfathered by a 1992 state law. Johnson views the law differently, saying it requires the county to hold a referendum so voters can determine whether or not a county police department is necessary. If the marshals aren’t authorized to make arrests, the sheriff’s department could be sued for housing those prisoners, Johnson said. “If they’re right, they’re right, but if they’re wrong I want it sorted out,” Johnson said. The sheriff added that former commissioners he has spoken to have said the marshals department was not intended to operate as a police department when it was originally created. Dunn said he tried to meet with Sheriff Johnson Monday to discuss the issue, but the sheriff declined, saying he had to meet with attorneys on the matter first. The reason the marshals office was so named was to keep it from being confused with the sheriff’s department, Dunn said. County officials are saying the marshals office does little routine traffic enforcement beyond egregious violations that could endanger other motorists. But Johnson contends the marshals stepped up their traffic patrols this past weekend, citing confirmed reports of several motorists who were pulled over by marshal units. Although the prisoner in Sunday’s DUI case was not combative, not accepting the prisoner at the jail could endanger the marshals, Dunn said. The vehicle was pulled over after a marshal saw it drive through a red light at the intersection of Ga. Highway 85 and Grady Avenue without attempting to apply its brakes. While speaking with the driver, the marshal noticed the odor of alcohol and subsequent tests determined the motorist was driving under the influence of alcohol, Dunn said. In addition to being charged with DUI, the driver was also charged with possession of an open container of alcohol; The prisoner was later released to her sister and someone else picked up the motorist’s vehicle, Dunn said. The commission held an emergency meeting Monday afternoon closed to the public. The board later issued a news release saying the meeting was “to discuss one potential litigation/legal matter.” It voted 3-1 “to authorize attorney Davenport to proceed in this matter.” Commissioners Dunn, Linda Wells and Herb Frady voted for the motion. Commissioner A.G. VanLandingham voted against it. Commissioner Peter Pfeifer was absent.
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