Commissioner gets probation, fine for marijuana, tag charges

Thu, 10/22/2009 - 7:50am
By: John Munford

Robert Horgan

Judge orders $800 fine, forbids drug/alcohol use while on 12 months probation

Horgan attorney: he didn’t purchase nor grow the marijuana

Fayette County Commissioner Robert Horgan entered a no contest plea today on charges stemming from his May 23 arrest for misdemeanor possession of marijuana and driving with an expired tag.

Fayette County State Court Judge Fletcher Sams sentenced Horgan to 12 months probation (concurrent/consecutive), an $800 fine and 40 hours of community service. Also while on probation, Sams ordered Horgan to avoid any drug or alcohol use for which he will be tested during the probation period.

Horgan must also submit to a drug and alcohol evaluation and follow any recommended course of treatment if there is any, Sams ordered. He must also attend one session of the county’s new drug court so he can witness what happens to defendants who can’t stay clean of drugs or alcohol while on probation, Sams indicated.

Horgan, 45, was sentenced under a statute designed to dispose of cases involving first-time offenders. Under that statute Horgan will not face a suspension of his driver’s license.

After the hearing, Horgan attorney Christy Jindra said the commissioner did not grow nor purchase the marijuana. After further explaining that Horgan didn’t want to say how he acquired the marijuana, Jindra noted that the marijuana was “found” by Horgan though it was not explained where or how he found it.

Horgan was pulled over Saturday, May 23 after a sheriff’s deputy noticed his white Mazda truck had a tag that expired the previous month, according to the deputy’s report.

Jindra noted that Horgan complied with all the deputy’s requests, consented to a search of the truck and told the officer where the marijuana was located in the vehicle.

The deputy’s report also indicated that while Horgan was sitting in his patrol vehicle, Horgan asked “If there was anything that we could do to resolve this right here, right now!”

Horgan contends that what he was attempting to find out from the deputy was whether or not he would be issued a ticket or taken to jail. Horgan said at the time he was in the patrol car, handcuffed, a position in which he has never been before.

Horgan said he never told the deputies that he was a commissioner, nor did he flash a card or badge in an effort to indicate to them his position as county commissioner.

“I never tried to throw my weight around,” Horgan said.

As a commissioner, Horgan does not have any direct supervisory powers over the sheriff’s office but he does have a say in budgetary matters for the sheriff’s office.

A bid to remove Horgan from office via a recall vote failed after Horgan appealed the matter to a Superior Court judge as allowed by Georgia law. The judge ruled that Horgan’s offense, which occurred on a Saturday afternoon in his personal vehicle, was not connected to his elected office.

A three-member ethics panel determined last month that Horgan’s actions violated the county’s ethics ordinance and in the future the county commission is expected to issue a decision in that matter. The commission can publicly reprimand Horgan and issue up to a $1,000 fine.

Jindra indicated this morning that Horgan is considering a legal appeal of the ethics panel’s decision because the arrest is not connected to Horgan’s official duties.

Jindra added that while some citizens have expressed displeasure with Horgan, many have contacted him to offer their support for him.

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All Smiles's picture
Submitted by All Smiles on Fri, 10/23/2009 - 7:46am.

“Horgan attorney Christy Jindra said the commissioner did not grow nor purchase the marijuana”. Do they, Horgan and his attorney, expect us to this line will work? Well, was it a general gift, did he just find it on the side of the road as if the pot was a stray cat, or did it just fall from the sky. Sorry, I think they should go back and come up with a more believable lie.


redrooster's picture
Submitted by redrooster on Fri, 10/23/2009 - 6:28am.

Who gives a crap?


Submitted by MYTMITE on Thu, 10/22/2009 - 2:43pm.

"gentleman" explained this to his children/grandchildren. Wonder if he had ever had that talk where you tell the young ones how wrong it is to do drugs--how you should always obey the law. If so, how did the talk go after he was caught? Was his reply "Do as I say not as I do." Or did his primary talk tell them it was okay to do drugs but don't get caught and if you get caught, try to worm you way out of it and if all else fails remind them that I am a commissioner and me and mine deserve special treatment. Whatever the scenario, he is one lousy role model for anyone.

Submitted by PTCGOIL on Thu, 10/22/2009 - 11:35am.

Please go to AJC.com and read the story on this -it's the top story right now.

Special note to the "he...ENDURED a pound of flesh, your Honor, and that's because he's a County Commissioner" and "...the circumstances he obtained it are embarrassing" his lawyer is quoted as saying.

So, Horgan is enduring this and is embarrassed BECAUSE he is a commissioner? Oh, the suffering he has endured because we FORCED him to run for office and FORCED him to be commissioner...poor, poor Bobby, then why don't you just put yourself out of the MISERY THAT WE HAVE caused you in all of this and RESIGN YOUR POST, you miserable, whining (and now, it's OFFICIAL)CRIMINAL!!!

Oh, and while you are at it, have Jindra give us NAMES of your "supporters" in this criminal endeavor....Oops, wait a minute, you and Jindra don't BELIEVE we deserve the truth (see above re: source of dope). Cant you spell "LOOOZZERRRRRR"????

Submitted by PTCGOIL on Thu, 10/22/2009 - 11:46am.

As Fayette County as a whole is looking to attract jobs, colleges, new taxpaying residents, and are voting in new local officials, this sure sends the right message to all of Atlanta and beyond that this is the quality of life we all come here for.

Fine living, great place to raise kids, come to visit for your conventions, low crime(!) and safety, safety, safety. Just don't pay any attention to the CRIMINAL who makes the decisions on this fine County. Yep, this little item will NEVER come up in any Development Authority meeting, will it?

Hey, Bobby, time to quit your post, close your Mr. Transmission business in Fayetteville and move to Clayton or Fulton to fulfill all you druggie needs now.

Submitted by Spyglass on Thu, 10/22/2009 - 3:42pm.

This wasn't news outside Fayette County. No corruption, no cash under the table to be found. This is a NON STORY.

Submitted by PTCGOIL on Thu, 10/22/2009 - 8:13pm.

Not to toot the horn of the AJC, but they seemed to feel it was news worth publishing. And I'm sure more than one outside Fayette County read it.

It's a black mark on the reputation of this County. He has no right to be in a position to decide law here when he feels the law doesn't apply to him. This IS a story. Any lawbreaker in a position of authority in our political system should be called out by the press. I respectfully disagree with your assumption here.

Submitted by Spyglass on Fri, 10/23/2009 - 9:11am.

disagreements.

Me thinks you're being a little dramatic over the consequences. "black mark on the County"....that's just a TAD of an overstatement in my opinion.

Submitted by Save Fayette on Thu, 10/22/2009 - 10:05pm.

You are Harold Boost or a friend of his. It is very obvious that you have been after this guy. It was a black mark on Fayette County when you had to resign because you did not qualify for county commissioner and lied about your residence and got caught. We all know that Robert Sprayberry told you; “ resign or I will go public” you cost the county over $ 80,000 thousand dollars. This guy made a mistake. He sure is paying for it. He is more of a man than you will ever be. What he did has not cost the county any money!! He did not steal, take money from the citizens, did not abuse his power unlike you did!!!
Go get back in your whole.

Submitted by Scarlofs on Thu, 10/22/2009 - 11:15am.

Awesome job judge! Sad that this scumbag still has a job. Sams ruling was in concert with the state laws and I commend Sams for the ruling. Not sure how personal conduct while holding public office does not correlate. Our soldiers personal conduct goes hand in hand with professional conduct. We get a dope using scumbag for a Commissioner who makes decisions on our future and this guy has a single supporter outside his family? This county has a severe drug problem and our drug using leaders are the reason. I guess if Horgan was a child molester, according to the Superior Court judge, that means his personal conduct wouldn't correlate to his job either. Brilliant ruling Superior Court judge whoever you are. Now Horgan, who controls the Sherriff's Dept. budget, cannot in any way reduce their budget. We now are in the problem of our law enforcement being in the position to extort the Commissioner for an increased budget. If I didn't have complete faith in the Sherriff's Dept. or the Fayetteville PD, this would be a serious issue to me. I hope Horgan understands he cannot run for office next election and he should have resigned immediately. Friggin' Dirtball.

Submitted by Scarlofs on Thu, 10/22/2009 - 11:56am.

Let's pass a local ordinance requiring our elected officials to take random drug screenings. If a company can require it of their employees, then the citizenry can require it of her public servants.

redrooster's picture
Submitted by redrooster on Fri, 10/23/2009 - 6:33am.

Let's take it to another level. Any Senator, Congressman, Judge, Cabinet member and even the President and disqualify anyone of them even for prescribed antidepressants.


dawn69's picture
Submitted by dawn69 on Fri, 10/23/2009 - 6:59am.

The best antidepressant on the market is CHOCOLATE...with CARAMEL!!
We should send all our politicians a box of chocolates and set them on park benches to watch feathers floating by.

"The most beautiful things in life cannot be seen or even touched, they must be felt with the heart." - Helen Keller


redrooster's picture
Submitted by redrooster on Fri, 10/23/2009 - 7:04am.

Now you're talking

There is one other antidepressant but this is a family oriented channel


Submitted by Spyglass on Thu, 10/22/2009 - 11:09am.

In my humble opinion. I guess it's better than the Public Hanging that many wanted, at least for Horgan. Smiling

Submitted by OneWhoKnows on Thu, 10/22/2009 - 10:56am.

Why did a Fayette County Judge, whose budget must be approved by the County Commissioners (including the defendant, Robert Horgan), even preside over this case? Shouldn't the case have been transferred to another venue and the case heard by a jurist who would have no suggestion of the appearance of impropriety?

Submitted by Spyglass on Thu, 10/22/2009 - 11:12am.

This was a simple misdemeanor, traffic court stuff.

jway's picture
Submitted by jway on Thu, 10/22/2009 - 10:32am.

Stupid marijuana laws! Cost taxpayers $40 billion a year and achieve NOTHING!! All they do is pour billions into the cartels every year and guarantee the brutal murders of thousands of innocent people. Many of their victims are children, police officers and politicians.

We need to do everything in our power to end these brutal murders. We need to demand an end to the prohibition so legal businesses can undercut cartel prices and end their ability to murder so many innocent people!


Submitted by wayne1927 on Thu, 10/22/2009 - 10:13am.

Why if this were Ohio or Colorado & many other states would having one joint be the same as a traffic ticket legally !! Mr. Hogan would have gotten a $50.00 fine and his expired tag fine & that would be that !! Why are laws different in each state ??? No issue at all !!
Why is pot classified THE SAME AS HEROIN & CRACK ??
With everything that is going wrong in this world , under an ounce of pot should NOT be an issue legally !!
I have lived in states that decriminalized marijuana , it is not rampant on the streets , but you do not have minor pot cases tying up court time and jail space that sorely could be put to better use !!
I just think that pot and beer should be treated the same !! Tax the heck outta pot , put that money into education & infrastructure & have open jail space for real criminals ?? We are talking in the area of $95.00 tax per ounce selling for $100.00 !! This $95.00 is currently going into organized crime !!
Production cost would be low !! Snack food sales would go up !!
When was the last time you read pot crazed gang kills innocent family ?? Or pot dealers in a turf war are having drive by shootouts ??
How many dollars , how many ruined lives ?? For a silly law created in the 1930s that considered it the same as cocaine & heroin ??

Submitted by Insayn on Thu, 10/22/2009 - 2:55pm.

"Why are laws different in each state ???"

Because we are a under a democracy which was designed to have each state run itself with the Fed Gov. over seeing the the county as a whole. You see, whats best for one state may not be good for another state. In California where a majority of pot smoking libtards reside Pot is okay, but guns are the devil. He in GA guns are good, Pot is bad. Dont like it? move to Cali.

"I have lived in states that decriminalized marijuana , it is not rampant on the street"

And just which state is that? Tell me any one and ill call you a liar.

People shoot each other over $5 (or in one recent case a watermelon) and you think legalizing it will help? Nope. The violence will continue because of the people growing it illegally in their homes (tax it all you want, moonshiners will grow it and sell it without Gov knowledge)or the cartels who will be pushing their product over the "production" line pot.

"When was the last time you read pot crazed gang kills innocent family ?? Or pot dealers in a turf war are having drive by shootouts ??"

Read reports on MEXICAN BOARDER TOWNS and any one of a hundred Los Angles news papers. Or go to any metropolitan area Police department and get some police reports (notice most drive bys will be gang related). The news doesnt report every shooting, every crime or every motive for the crimes.

Submitted by Spyglass on Thu, 10/22/2009 - 3:41pm.

You talk of people growing pot and selling it illegally causing problems if it legalized. Does this go on with Alcohol? If not, why not?

Submitted by Insayn on Thu, 10/22/2009 - 9:01pm.

Dont know, Im not up to date on what the ATF and Georgia Department of Revenue track and record. While Im sure there are still "Old moonshiners" out there they probably dont call the police much.

Besides, its easy to get a fake ID, or burglarize someones garage and take the beer in the outside fridge then it is to brew, ferment or distill it yourself.

The problems I foresee are the same problems that have been around since the beginning of man. "You've got what I want, I want it, now, and I dont want to work or pay for it". Stills for liquor are fairly big complicated processes. Pot, to my understanding, is fairly easy to grow. and like I said, people are willing to kill over a flat screen TV or the $5 in your wallet. Damn well believe that someone will break down a door for free drugs, pot or other. And just like some believe that it should be legalized and regulated, others believe it should be legalized and not regulated, so they'll grow it themselves instead of getting it in the hydo isle at wally world.

Look at the Extent the "New" Moonshiners (Thats Pot field growers) go to to protect their crop. Rattle snakes staked to the ground or floor by their tails, shot shells set to go off at knee height, fish hooks on fishing line at eye level (just to name a few) to keep people from taking the goods. You dont think that will continue if the Govt regulates it?

Im not even going to get into what the cartels will do go make up for the money they would lose.

My problem with weed is not that its a drug, nicotine and alcohol are too. My problem is with the people who smoke it and think that 1. it's OK to put me and my family at risk when they smoke up and get behind the wheel of a car and 2. I just dont want my children doing it. Its called "DOPE" for a reason.

One last thing, how many people that do hard drugs started off snorting cocaine, or shooting heroine, or smoking pipe cleaner (Meth)

Submitted by Spyglass on Fri, 10/23/2009 - 9:16am.

No one that I can see is advocating making driving impaired legal. If so, please point it out for me. Your second "problem" is you don't want children doing it, I'll ask who does? If you would take the time to ask the kids which is easier to get, a joint or alcohol, they'll say every time, it's the JOINT, mainly because it's not legal, or regulated in anyway.

Your last paragraph make no sense at all to me, in my mind, Cocaine, Heroine and Meth ARE hard drugs.

Frankly, the Libertarian in me comes out every time when this issue comes up. It's amazing how much differently Alcohol and Pot are viewed.

NUK_1's picture
Submitted by NUK_1 on Thu, 10/22/2009 - 3:17pm.

"I have lived in states that decriminalized marijuana , it is not rampant on the street"


And just which state is that? Tell me any one and ill call you a liar.

Here are the states with some form of marijuana decriminalization and a chance for you to backup your hysteria with some facts:

Alaska
Arkansas
California
Colorado
Hawaii
Mass.
Minnesota
Mississippi
Nevada
New York
North Carolina
Ohio
Oregon....and it has been for decades there. A real high crime state in fantasyland I guess. MUCH lower crime rate than GA.

Of the above states, only California and Nevada have higher crime rates than Georgia. Yeah, decriminalizing pot makes it real rampant and also increases crime. NOT.


Submitted by Insayn on Thu, 10/22/2009 - 7:07pm.

First, It is not been "Decriminalized". Most of the states you listed allow for "Medicinal Marijuana" prescriptions (yes even In California you still can get charged for having less then one Oz of MJ). Of the states that have "legalized" marijuana, the federal laws regarding MJ trump state laws.

Second, Oregon, Mississippi, and Arkansas have total populations of 3 million, Colorado and Minnesota 5 million, Mass. 6 million, Nevada 2 Million, Alaska has what 1000 people? To compare GA has 4 million in the metro area alone.

Of your list only Ohio, New York,and California have higher populations. NC is about the same as GA. The Crime rate will be lower in states with lower populations. you cant really compare them.

Third, while it does happen, very few drug dealers/growers call the police when they're robbed, or their house burglarized or, well you get the idea. So the crime rates are inaccurate and irrelevant.

Submitted by Spyglass on Fri, 10/23/2009 - 9:17am.

the term "crime rate". I say that for a fact.

NUK_1's picture
Submitted by NUK_1 on Thu, 10/22/2009 - 9:32pm.

Making possession of marijuana in amounts considered to be for "personal use only" a misdemeanor with light fines and no jail time is considered to be decriminalization.

Yes, some states have legal medical marijuana and the Obama Justice Dept this week decided the Feds will not be going after people in those states unless they suspect the medical marijuana store is on a large-scale and not "legitimate." Basically, they are not going to interfere with states to decide the marijuana issue themselves and have laws that conflict with existing Fed drug laws as they say they have a lot bigger problems to concentrate upon.


suggarfoot's picture
Submitted by suggarfoot on Thu, 10/22/2009 - 8:35am.

"Horgan attorney Christy Jindra said the commissioner did not grow nor purchase the marijuana...Jindra noted that the marijuana was “found” by Horgan though it was not explained where or how he found it...?????FOUND????

disgusting! The powers that be in Fayette certainly take care of their own!

I've been infront of Judge Sams over a dog getting out and was treated much worse. I guess I should have said " someone just found the dog and put a collar with my name on it!" I have no respect for Judge Sams for this, not that I did before!!!


Submitted by AtHomeGym on Fri, 10/23/2009 - 4:45pm.

You mean you got more than a yr probation, 40 hrs of community svc and $800 fine? Hard to believe. Pls share your punishment with us--after all, it IS public information. Hey, you said it--now back it up.
In fact, I question why you didn't just put it out front to begin with--if it is in fact true.

Submitted by Spyglass on Thu, 10/22/2009 - 11:07am.

The part that you are calling the judge out about was not discussed in the courtroom. Nor should it have been.

John Munford's picture
Submitted by John Munford on Thu, 10/22/2009 - 9:34am.

This information was not discussed in the courtroom and Judge Sams was not present. The details were shared by Mr. Jindra after the court hearing when Mr. Horgan and his attorney answered reporters' questions outside the courtroom.


suggarfoot's picture
Submitted by suggarfoot on Thu, 10/22/2009 - 10:00am.

but took his lawyers word. You don't know if they told that to Judge Sams or not? I would hope the judge would have at least asked where it came from. That would be logical to help law enforcement.

It doesn't matter, it is a disgrace. If a teen went in there, they would have made mince meat of him. As it is, this yoyo doesn't even have it on his drivers record it sounds like.


John Munford's picture
Submitted by John Munford on Thu, 10/22/2009 - 10:36am.

WERE in the courtroom, myself included. After the hearing we went outside in the hall/foyer and Mr. Horgan and his attorney answered our questions.

Judge Sams was not told in open court about how Mr. Horgan acquired the marijuana.

I don't have the pleasure of having time to cover misdemeanor cases, but one law enforcement official I spoke to said the Horgan sentence "sounds about right" for a first-time offender. Nevertheless I will be researching whether this is in that same ballpark just to confirm.


matt.barnes's picture
Submitted by matt.barnes on Thu, 10/22/2009 - 12:07pm.

I have had a few friend get charged with misdemeanor possession and Mr.Horgon got the same as everyone else. A fine and probation. Its a standard deal for a first time offender.


suggarfoot's picture
Submitted by suggarfoot on Thu, 10/22/2009 - 11:37am.

I don't understand the workings of the court. It troubles me that a public official can get by so easily and that pot is treated like it was nothing. To me, when they said part of the reason they stopped him was the way he was driving, to me that sounds like he was 'under the influence' just like if you were drinking and doing the same thing. If it is illegal to drink and drive questionably, why is it not illegal to smoke pot and drive questionably?

I don't think it sets a good example for the kids.

If I was on the road and under the influence of either, wouldn't you be just as dead if I hit you drunk or high?


suggarfoot's picture
Submitted by suggarfoot on Thu, 10/22/2009 - 12:01pm.

"Some have wondered why Horgan was not also charged with DUI since he admitted to smoking marijuana while driving his pickup. Fayette County Sheriff Wayne Hannah explained that the deputy did not detect any signs of impairment, such as weaving or erratic driving, before Horgan was pulled over.

Absent any evidence of impairment, a DUI charge cannot be sustained, Hannah said."

But if I was driving and pulled over and they smell booze, wouldn't I be given a test, and if I failed it, wouldn't I be charged with drunk driving?


suggarfoot's picture
Submitted by suggarfoot on Thu, 10/22/2009 - 8:38am.

and Sams believes any normal person would just pick up a joint ...he found... not knowing where it came from and smoke it? I have some swamp land to sell. What at joke! Sams should find everyone for the next 2 years that comes before him with a dog charge....not guilty....!!!!! What an insult to the taxpayers...!


suggarfoot's picture
Submitted by suggarfoot on Thu, 10/22/2009 - 7:31pm.

I'm still trying to wrap my mind around Horgan's 'found it' and 'the Judge didn't ask where he got it.'

Someone told me this today, and it was soooo bad, I asked for the person's phone number.

To protect the person, I will give as few details as possible but, someone who couldn't get around, called Fayette animal control to get someone's else livestock. The 2 'ladies' from animal control then asked where was the animal that was adopted from Fayette county pound?

The animal had been a handful but rather than turning it back in, found it a home with someone else.

The accusing way they asked, this person felt if the truth were told, they wouldn't like it so they said it got run over. The 'ladies' wrote this person a ticket for not having it neuter before it was run over.

When this person went to go to court, they trusted the judge and told the truth. They were fined an amount they couldn't pay. In this person's condition, they where put in jail. Before leaving court, they were asked by the Judge...do you know why I fined you...the person said no...response..because you lied!

Contrast that with a yoyo saying he 'found it, didn't know where it came from... and smoked it' ,...and walked!


NUK_1's picture
Submitted by NUK_1 on Thu, 10/22/2009 - 7:54pm.

As has been stated over and over, Horgan's attorney is the one who said "he found it." The Judge didn't ask because this is a misdemeanor case and obviously doesn't care. Why his lawyer even said anything after the case was over is beyond me as it's obvious that PR isn't Christy Jindra's strong suit. Oh well, another ex Webb-Lindsey law firm dude.

As far as where he got it, grew, found, bought, etc......he doesn't have to even answer that if asked in court. This is a MISDEMEANOR case that is about the equivalent of a traffic citation.

Horgan has kids...one I know is a teenager. The idea that there is no way in hell he might have "found" pot is ludicrous. He also owns two transmission shops and while I am sure no one employed there has ever smoked pot besides the owner, that's even a possibility.

As far as the law goes, it doesn't matter. Anyone who has a real obsession or beef about this can always lobby their elected officials to create harsher penalties, even though that approach has been a dismal failure and waste of a humongous amount of money.


suggarfoot's picture
Submitted by suggarfoot on Thu, 10/22/2009 - 7:31pm.

I'm still trying to wrap my mind around Horgan's 'found it' and 'the Judge didn't ask where he got it.'

Someone told me this today, and it was soooo bad, I asked for the person's phone number.

To protect the person, I will give as few details as possible but, someone who couldn't get around, called Fayette animal control to get someone's else livestock. The 2 'ladies' from animal control then asked where was the animal that was adopted from Fayette county pound?

The animal had been a handful but rather than turning it back in, found it a home with someone else.

The accusing way they asked, this person felt if the truth were told, they wouldn't like it so they said it got run over. The 'ladies' wrote this person a ticket for not having it neuter before it was run over.

When this person went to go to court, they trusted the judge and told the truth. They were fined an amount they couldn't pay. In this person's condition, they where put in jail. Before leaving court, they were asked by the Judge...do you know why I fined you...the person said no...response..because you lied!

Contrast that with a yoyo saying he 'found it, didn't know where it came from... and smoked it' ,...and walked!


Submitted by ja17764 on Sun, 10/25/2009 - 5:37pm.

WOW Mr. Horgan you sure fooled these guys way to go and remember kids do as I say NOT as I do, now puff puff pass!!!

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