WAYNESBORO, Ga. (WRDW/WAGT) - A nemesis of Burke County Sheriff Alfonzo Williams has officially launched a recall effort against him.
She spoke about it at Tuesday night's meeting of the Burke County Board of Commissioners.
position
Our community deserves better. This recall is necessary to ensure that no other person or family fears any type of retaliation from the sheriff.
An official recall application was issued by the Burke County Board of Elections, and now organizers have 15 days to get 100 sponsors.
Also at Tuesday night's meeting, commissioners decided whether to allow the county attorney to represent the sheriff in a sexual harassment case or to hire someone else. Commissioners a few weeks ago declined to approve a legal settlement between Williams and his former employee Brenda Johnson In the case, meaning it will proceed.
The board decided to authorize Russell Britt, an attorney with Hall Booth Smith, to handle the case as it moves through the courts on behalf of Sheriff Williams.
County leaders say they have to provide defense for the allegations and will now see what happens against a jury.
We have to provide the sheriff with defense in this case. Our insurance covers some of that defense," said Merv Waldrop, Burke County manager. "We have stepped away from what they have agreed to settle, and their advice to us was that it's better for the county to settle. The board and the public are saying no, let's just let this thing go to court.
And state court solicitor Matt Franklin will be at the meeting to explain to people how to appeal their tickets from the automated school zone cameras.
A magistrate judge last week recalled Williams' arrest warrant for Hollinsworth.
Williams obtained it on the grounds that some text messages she sent him amounted to harassing communications.
The arrest warrant alleges that on May 22, Hollingsworth "knowingly and intentionally" repeatedly texted Williams "for the purpose of annoying, harassing and intimidating said person."
READ ORIGINAL WARRANT AND RECALL:
She allegedly sent one message and then retracted it, then sent another message, according to an incident report from deputies.
According to the incident report, the message allegedly stated:
You know who this is, Traci MF Hollingsworth. You are the biggest POS I have ever met. I just want you to know that I have had a hand in EVERYTHING from your residency hearing for election in 2016, until now. Your friends aren't your friends and the FBI knows it all. Have fun in prison. Your time is coming. Try and fight this recall I'm about to unleash on your ass. After the last election, I'm pretty sure there are more than 'me and the 12 against you.' May the odds not ever be in your favor.
Williams obtained an arrest warrant for one count of harassing communications and even issued a "be on the lookout" alert for her on Facebook.
But that's moot with the arrest warrant recalled.
"It's a sad day for democracy when the top law enforcement official in the community would lead in the legal efforts to intimidate, arrest and defame a private citizen," said Holingsworth.
Waldrop says this is a difficult position for the board.
"The taxpayers want them to be responsible, but they also know that if nobody is ever held accountable for their actions, they are going to continue to be irresponsible with the taxpayers' money, their employees and the position that they got," said Waldrop.
The magistrate's court said it does not comment on ongoing cases but can explain the process.
"In all cases when warrants are signed, it is based on the investigator's sworn testimony, the affidavit and some evidence which taken together shows probable cause for a specific statutory standard," the court said.
In some cases, additional facts or evidence are provided before the warrant is executed, causing the court to review the warrant.
In rare cases, the victim has given false statements to the officer or an officer may have misled the court, the court said.
Some of these factors change the statutory standard, requiring the court to consider a different legal standard.
If the new standard is not met or the officer or victim misled the court, the court can recall the warrant. If the alleged offender is arrested, the court will dismiss the warrant during a preliminary hearing.
For warrants, the court "is not a trier of facts nor is it an investigative body."
The court says it is not permitted to consider the guilt or innocence of an alleged offender or investigate and gather facts outside of the officers' sworn statements or information provided to the court.
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