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by Editor Becky Watts
ZEBULON - Georgia vs. James Anthony Roberts went before Judge Mack Crawford in Pike County Court today. This was a follow up to the February court date and May arrest for violation of probation in this case. Judge Crawford heard a request from the District Attorney’s Office to correct paperwork on this case that had been filled out incorrectly by the Probation Office.
The form that is used by the state has a box that can be checked if someone has been given first offender status. The Judge and Assistant District Attorney Ben Coker concluded that the box was incorrectly marked because it was clear in the transcript of the court case that first offender status was denied. Judge Crawford thought it was a true mistake and asked for a follow up in six weeks or so to ensure that GCIC (Georgia Crime Information Center) had the information correct on the public record. [Note from the Editor: This is the information that comes up whenever a criminal background check is run for a job, volunteer position, etc.] Crawford said that it’s only fair to the state and Roberts that it be correct on the public record.
History
Roberts was arrested on October 15, 2014 on warrants issued by the Georgia Bureau of Investigation (GBI) after a month and a half long investigation into allegations that Roberts solicited several young men for sex, used his position as police chief to gain the trust of the young men, and that Roberts, who was also the Mayor of Concord, provided one of these young men with his personal code and key to obtain county gas to fill up the young man’s personally owned vehicle.
Jim Roberts appeared before Judge Mack Crawford in Upson County Superior Court on February 19, 2015. He received a minimized sentence based on a plea agreement made with the District Attorney’s Office and agreed to by Roberts and his attorney, Virgil Brown, the Georgia Bureau of Investigation, and the Court.
Pike County Times paid for a copy of case file on of Georgia vs. James Anthony Roberts. This was compiled by the GBI and sent when the case was concluded. This packet includes copies of the arrest warrants, the final sentence, a copy of the court transcript from the February 19, 2015 sentencing, a Robert’s POST record that includes all of his previous employments as well as previous investigations and reprimands from his law enforcement career that began in 1991, and a written copy of evidence that included fuel logs and time sheets and a detailed account of actions that included Roberts including text messages and other communications and would have been used by the District Attorney’s Office to obtain a conviction against Roberts in court.
Investigation and Arrest
The Pike County Sheriff’s Office and the District Attorney’s (DA’s) Office for the Griffin Judicial Circuit both sent letters to the GBI requesting an investigation in this case. The Sheriff’s Office requested that the GBI investigate a report of “possible illicit contact involving an adult and a minor child,” and the DA’s Office sent a request for the GBI to investigate allegations that the Chief of the Molena, Georgia Police Department, Jim Roberts had inappropriate contact with a minor.
After a month long investigation into these allegations, Jim Roberts was arrested on October 15, 2015. The first set of warrants was signed by a judge on October 14, 2014 and the second set was signed on October 20, 2014. [Note from the Editor: Pike County Times will NOT be naming these victims in this or any other article about Jim Roberts. This is standing policy, and it is not the first time that I have made this choice in an investigative report. These individuals have been victimized once already.]
Two different individuals are named in the arrest warrants for solicitation of Sodomy on juveniles under 17 years of age. According to the arrest warrants, solicitation occurred between Officer Roberts with one victim between January 1, 2010 and December 31, 2012, and a second victim between January 1, 2011 and December 31, 2011. A third victim was allowed to put 16 gallons of gasoline belonging to Pike County government into his personal vehicle in late 2012.
Roberts was also charged with a second set of violations including Violation of Oath by a Public Officer and False Writings by Officers. The first charge, according to the arrest warrant, came as a result of Roberts not being loyal to the Molena Police Department and working overlapping hours at the Molena Police Department and the Pine Mountain Police Department between the days of August 6, 2006 and September 30, 2014. The second charge, according to the arrest warrant, tied to the first with Roberts being accused of making a false statement to investigating authorities about his overlapping hours at the Molena and Pine Mountain Police Departments in September of 2014.
Request to GBI for Assistance and Evidence In the Case
Update 7.1.15:
According to the GBI Investigative Summary on this case, the Pike County Sheriff's Office asked for assistance of the GBI after the grandparents of a 15 year old male contacted the Sheriff's Office. The grandparents filed a report with the Sheriff's Office on August 1, 2014 that Chief Roberts was contacting their grandson by cell phone after Roberts had been told to stop contact.
Copies of text messages were obtained by the GBI, a detailed comparison of time sheets was conducted, many people were interviewed by agents, many items including phones and computers were examined by the GBI, and Roberts even waived his rights and agreed to be interviewed by the GBI. All of this evidence (56 exhibits) was presented to the District Attorney's Office prior to warrants being obtained for Roberts' arrest.
End of Update
Roberts’ POST Record
According to Roberts’ POST Record, he has been a police officer since 1991. The State of Georgia Peace Officer Standards and Training Council (POST) is in charge of issuing certifications to law enforcement officers according to minimum standards of training and completed basic training as well as investigating when an officer is arrested and charged with breaking the law that he or she was supposed to uphold. [Note from the Editor: Read “Molena Chief of Police Could Lose His POST Certification” dated 10.21.14 on this page. All articles are in date order from the very bottom of the page.]
Roberts has worked at many places over the years including the Fulton County Police Department, the Roswell Police Department and Marshal’s Office, the Fayetteville Police Department, the Nelson Police Department, the Fayette County Sheriff’s Office, the Zebulon Police Department, the Pike County Sheriff’s Office, the Spalding County Sheriff’s Office, the Jonesboro Police Department, the Georgia Department of Agriculture State Market Police, and was the Chief of Police in Molena and a part-time at Roberta and Pine Mountain Police Departments prior to his arrest. Please note that these departments are not in date order and some overlap with part-time positions at more than one department.
Roberts' POST disciplinary history contains a 12 month probation and public reprimand from POST based on an incident in November of 2001 in which Roberts ran a criminal history on an individual without filing an incident report or securing a warrant and later was found to have released confidential information from this criminal history to an unauthorized person. According to the POST document, Internal Affairs investigators found that Roberts was not truthful about his reason for running the criminal history and charged him with Conduct Unbecoming a Departmental Employee with a penalty of 5 days without pay. He was also suspended for 30 days without pay for violating department policy for obtaining a case number for the criminal history under false pretenses, and suspended for another 15 days without pay for Disobedience of Orders for giving confidential information to unauthorized persons against GCIC Rules and Regulations. Altogether, Roberts was suspended without pay for 50 days on January 9, 2002 by that employer. He resigned from his position and began work with another law enforcement agency during this suspension.
POST notes that there were allegations against Roberts, who was serving as the police chief, and a second officer regarding items from Jonesboro Police Department back in September of 2006. These allegations were investigated by the GBI. The final investigation cleared both officers of any criminal intent regarding disposal of the items and advised that “the paper trail concerning the items was acceptable.” However, both officers resigned from this department in October of 2006.
The Plea Deal
The case of State of Georgia vs. James Anthony Roberts was settled with an Alford Plea that resulted in a misdemeanor charge of Malpractice, Malfeasance, or Misfeasance in Office before Judge Mack Crawford in Upson County on February 19, 2015. This misdemeanor plea resulted in 12 months probation, 40 hours community service, and a $1,000 fine. Roberts agreed to waive his Due Process Hearing with POST regarding his law enforcement certification, had verbally given an assurance that he would not seek POST certification in the future--though it was debated in Court whether this would hold up or not if challenged in the future, and Roberts agreed to surrender his POST certification within 72 hours of court. He also requested and was denied First Offender Status by Judge Crawford.
According to the transcript of the February 19, 2015 hearing, Roberts pled guilty to this misdemeanor offense under Alford vs. North Carolina. According to definitions.uslegal.com: “In an Alford Plea, the criminal defendant does not admit the act, but admits that the prosecution could likely prove the charge.” The Alford Plea allows the defendant to plead guilty without admitting guilt to the charges by acknowledging before the court that the prosecution could likely prove the charges, and it is often done to avoid being convicted on a more serious charge.
Assistant District Attorney Ben Coker asked Roberts specifically whether Roberts understood that he was giving up the right to a trial by jury, the right to have counsel at that trial, the presumption of innocence, the right to confront and subpoena witnesses, the right to testify and offer evidence, the right not to incriminate himself and the right to obtain a jury trial. Roberts, with his attorney beside him, said yes.
Brown, Roberts’ attorney, asked the court for first offender status on this case. First offender status allows a defendant who successfully completes the court’s sentence to have their case sealed from most types of background checks. The Georgia Justice Project has explanations to frequently asked questions about first offender status that readers can access by clicking here. Readers can also read verbatim, OCGA 42-8-60 by clicking here. Judge Crawford denied first offender status.
Brown also asked for leniency on the $1,000 fine and a reduction on the 40 hours of community service because Roberts is working in LaGrange, trying to enroll in school, and is going to tender his resignation to POST because he says that “he does not desire to be a police officer again.” Roberts has previously signed a document that promised that “he would never seek POST certification in the future,” but the legality of that document was discussed at length in court with the judge after asking all parties if they were satisfied with the plea deal. Agent Robert Devane of the GBI was asked if the GBI was satisfied with this plea, and he answered that the biggest concern of the GBI was that Roberts “will never, ever police in the state of Georgia again.”
Judge Crawford advised Agent Devane that he was not sure that the court had the authority to keep Roberts from ever applying again. Crawford said that he thought that Roberts could reapply for POST status if an agency was willing to sponsor him and it would be up to the POST Certification Board whether or not to reinstate him. [Note from the Editor: Read the article entitled, “Jim Roberts Arrested, Turns Over POST Certification” dated 5.29.15 which details Roberts voluntarily turning over this POST certification; however, the voluntary surrender stated: “this surrender shall have the same effect as revocation of my certification, and I knowingly forfeit and relinquish all rights, titles and privileges of practicing as a peace officer in the State of Georgia, unless and until such time as my certification may be reinstated, in the sole discretion of the Council… and that he understands that “should any request for reinstatement [of his certification as a law enforcement officer through POST] be entertained by the Council, the Council shall have access to the entire investigative file in this matter.” I was told by a representative at POST that no one is ever completely barred from seeking law enforcement certification but that their entire record including this case would be a part of the file that POST would review before giving a yes or no on certification. Without POST certification, a person cannot work in law enforcement in the state of Georgia.]
Agent Devane stated that the GBI has seen law enforcement officers get in trouble, get sentenced and then placed in another agency six months later, “and we’re going through the same thing again.” At the voicing of those concerns, Judge Crawford left this as a part of the record even though he said that he was not sure if it could be voided in the future.
Judge Crawford did not suspend the community service hours but did say that if probation deemed that it was a problem with Roberts completing it, probation could contact him and the Court would deal with it at that time. Judge Crawford also specifically denied the first offender status. Roberts then waived his right to a due process hearing with POST. And Judge Crawford told Roberts to turn in his POST certification documents to POST within 72 hours. Agent Devane was asked again if he was ok with the plea, and he said yes. The prosecution and the defense all waived any potential conflict of interest because Judge Crawford owns land in Concord where Roberts was mayor, and the case was closed out. [Note from the Editor: Roberts is no longer the mayor in Concord. Read the article entitled, “BREAKING NEWS: Jim Roberts Resigns as Mayor of Concord” dated 4.14.15 for more information on his resignation.]
Arrest for Violation of Probation
Roberts was arrested again in May for violation of his probation. Part of his plea agreement was that he turn in POST certificates to the Georgia Peace Officer Standards and Training Council (POST) within 72 hours of his February court date, and this had not been done. [Note from the Editor: Read “Jim Roberts Arrested, Turns Over POST Certification” dated 5.29.15 to find out more about this.] Roberts filed a Voluntary Surrender of his certification with POST and was released from jail. However, he was ordered to report to the Pike County Superior Court on June 29, 2015 to finalize and close the case.
Closing
ADA Ben Coker advised that the paperwork has been filed in this case to correct the mistake about first offender status. He also advised that the District Attorney's Office has verified that POST has withdrawn Roberts' certification to work in law enforcement. Without this certification, Roberts cannot work in law enforcement.
Pike County Times greatly appreciates the professional and efficient manner in which all law enforcement entities and the District Attorney’s Office have handled my requests for information and answered my questions in relation to this case.
Pike County Times has been following up on the Roberts case since it began last year. This includes phone calls, emails, and filing Open Records Requests to ensure that the story is as up to date as it can be. If you enjoy reading this information for free, please make a donation to help pay for the time and effort that is put into articles like this. There is a PayPal link at the bottom of the page or a check can be sent to Pike County Times, PO BOX 843, Zebulon, Georgia 30295.
by Editor Becky Watts
ZEBULON - Jim Roberts, former Mayor of Concord and former Chief of Police in Molena, was arrested last week on violation of probation. He has since been released after filing necessary documentation with the Georgia Peace Officer Standards and Training Council (POST) and was ordered to report to the Superior Court of Pike County on June 29, 2015.
History
Roberts was arrested on October 15, 2014 on warrants issued by the Georgia Bureau of Investigation (GBI) after a month and a half long investigation into allegations that Roberts solicited several young men for sex, used his position as police chief to gain the trust of the young men, and that Roberts, who was also the Mayor of Concord, provided one of these young men with his personal code and key to obtain county gas to fill up the young man’s personally owned vehicle. The case of State of Georgia vs. James Anthony Roberts was settled with a plea deal before Judge Mack Crawford in Upson County on February 19, 2015. Roberts agreed to a misdemeanor plea that resulted in 12 months probation, 40 hours community service, a $1,000 fine, and the surrender of his POST Certification as well as an agreement not to seek POST Certification as a law enforcement officer ever again.
[Note from the Editor: Read articles from the bottom of the page to the top in order to read them in date order. To find out more about the importance of POST certification for law enforcement officers, read the article entitled "Molena Chief of Police Could Lose His POST Certification" below.]
Current Arrest
Griffin Judicial Circuit Assistant District Attorney Benjamin Coker advised by phone today that Roberts’ arrest was based on his failure to send in his POST certification as required in his plea agreement on February 19, 2015. Roberts advised that he could not locate his POST certificates so he had not sent them to POST as required. After speaking with a representative at POST, Roberts’ attorney Virgil Brown, and Roberts’ probation officer, Coker advised that a form was sent from POST that would fulfill the Roberts’ requirement for surrender of his POST certification.
The Voluntary Surrender document was filed with POST which states that Roberts “freely, knowingly and voluntarily” surrenders his certification and acknowledges that “this surrender shall have the same effect as revocation of my certification, and I knowingly forfeit and relinquish all rights, titles and privileges of practicing as a peace officer in the State of Georgia, unless and until such time as my certification may be reinstated, in the sole discretion of the Council.”
The document goes on to say that he waived his right to a hearing in this matter—as was agreed to during the plea agreement proceedings—and he signed that he understands that “should any request for reinstatement [of his certification as a law enforcement officer through POST] be entertained by the Council, the Council shall have access to the entire investigative file in this matter.”
Roberts was released from jail after a hearing before Magistrate Court and all documentation was delivered as required in the plea agreement. Coker advised that this voluntary surrender of Roberts’ POST Certification was a part of the plea agreement permanently revoking Roberts’ ability to be a POST certified law enforcement officer in the future.
Final Note
Pike County Times has requested a copy of the GBI records in the case of State of Georgia vs. James Anthony Roberts at a cost of $42.53 in order to receive records on digital media. There will be one final article after I have reviewed these documents on this case.
Pike County Times greatly appreciates the professional and efficient manner in which all law enforcement entities and the District Attorney’s Office have handled my requests for information.
CONCORD - Jim Roberts, the elected Mayor of Concord, has effectively resigned from his position as Mayor through an email that was delivered to the Concord City Council tonight by one of the sitting City Council members. The email was titled “OFFICIAL RESIGNATION” and dated April 14, 2015. The letter states that the resignation is effective immediately with Roberts no longer being able to fulfill his duties after April 14, 2015.
Timeline
Roberts was arrested on October 15, 2014 on warrants issued by the Georgia Bureau of Investigation (GBI) after a month and a half long investigation into allegations that Roberts solicited several young men for sex, used his position as police chief to gain the trust of the young men, and that Roberts, who is also the Mayor of Concord, provided one of these young men with his personal code and key to obtain county gas to fill up the young man’s personally owned vehicle. The Concord City Council held a Special Called Meeting after his arrest and voted pursuant to Section 2.29 of the City's Charter for Council member John Strickland to become the Mayor Pro tem (acting mayor) until legal matters involving Roberts were resolved. Mayor Roberts agreed to a leave of absence at this time according to documents obtained by Pike County Times.
According to the minutes from January, February and March of 2015, Roberts has not been in attendance at any Concord City Council meetings since December of 2014 when he was asked to answer for discrepencies in the City of Concord's inventory including a 2006 Ford Pickup Truck that belonged to the City and was only returned after the City of Concord filed a report with the Pike County Sheriff's Office [To find out more about this, read "Update on the Roberts Case" below that was written on 11.25.14], a missing blower that had been taken to Molena and was returned to Concord, 4 tables and 20 chairs that ended up in the fire department in Molena and were returned to Concord, and three strobe lights valued at $750 with two sets that turned up in Roberts' office in Molena and the 3rd set that was returned to the City of Concord without explanation by a police officer from the City of Zebulon. Click here to read my run down of the December City Council meeting.
Roberts was notified on December 16, 2014 that a citizen and registered voter of the City of Concord had requested an application to begin a recall petition on him as the Mayor of Concord.
The case of State of Georgia vs. James Anthony Roberts was settled with a plea deal before Judge Mack Crawford in Upson County on February 19, 2015. The Georgia Bureau of Investigation (GBI), a representative of the the Griffin Judicial Circuit District Attorney, and Attorney Virgil Brown were in court when Roberts' plea was presented to Judge Mack Crawford. Roberts agreed to a plea that resulted in 12 months probation, 40 hours community service, a $1,000 fine, and the surrender of his POST Certification as well as an agreement not to seek POST Cerification as a law enforcement officer ever again.
The March 11, 2015 Letter to Resume as Mayor
Tonight’s resignation was somewhat of a surprise since a letter dated March 11, 2015 was delivered to Mayor Pro tem John Strickland advising that Roberts would be assuming the duties of Mayor “effective immediately” and it was expected that Roberts would be attending tonight’s meeting. The March 11th letter said, “As you are aware, there were some issues that arose involving me that I desired to clear up prior to returning to my duties. Now that I can place this past legal issue behind me, I feel it is time to handle my duties.”
Prior to tonight's meeting, Mayor Pro tem Strickland consulted with attorney Truitt Mallory of Mallory & Trice and was advised to go by the rules laid out in the City's Charter. Section 2.15 Article C says that property owned by the city cannot be used for personal benefit, convenience or profit except by policies of the city council. Section 2.15 Article 1 says that anyone who conceals or violates these requirements shall be guilty of malfeasance and deemed to have forfeited his office. And Section 2.16 says that the city council can investigate and hear witnesses for or against charges of wrong doing. Pursuant to the city's charter, Acting Mayor Strickland suggested that there be a hearing with Mayor Roberts to "give redress to these allegations of malfeasance at the next City Council Meeting on April 14, 2015." Strickland also requested a copy of the final resolution of the Roberts case from the court system so the Council could act on Roberts' letter announcing that he was resuming his duties as mayor during the April 14, 2015 meeting.
The April 14, 2015 Letter of Resignation
Council Member Kim Griffin advised that she had received a letter of resignation from Roberts by email and presented it to the City Council during the meeting. The April 14th letter of resignation was read aloud in the meeting tonight. Roberts ended the letter by saying, “It is my hope that the City finds a new Mayor and continues to move in a positive momentum for the future.” The letter was unsigned since it came in the form of an email, but Pro tem Strickland said that he would follow up with Roberts to get Roberts’ signature on this letter for the City’s files.
Members of the Concord City Council unanimously accepted this resignation.
By Editor Becky Watts
THOMASTON - The case of State of Georgia vs. James Anthony Roberts has been settled. Jim Roberts pled guilty before Judge Mack Crawford in Upson County in a plea deal today. The Georgia Bureau of Investigation (GBI), a representative of the the Griffin Judicial Circuit District Attorney, and Attorney Virgil Brown were in court when Roberts' plea was presented to Judge Mack Crawford.
Roberts was arrested on October 15, 2014 on warrants issued by the Georgia Bureau of Investigation (GBI) after a month and a half long investigation into allegations that Roberts solicited several young men for sex, used his position as police chief to gain the trust of the young men, and that Roberts, who is also the Mayor of Concord, provided one of these young men with his personal code and key to obtain county gas to fill up the young man’s personally owned vehicle.
Griffin Judicial Circuit Assistant District Attorney Benjamin Coker had requested the GBI conduct an investigation into allegations against Roberts after the grandparents of one of the young men, who was allegedly victimized by Roberts, reported the information to the Pike County Sheriff’s Office. The investigation also revealed Roberts sent obscene pictures to a juvenile on his city phone. After the investigation, Griffin Judicial Circuit District Attorney Scott Ballard determined Roberts would be charged with two counts of Solicitation of Sodomy and one count of Theft by Conversion. Two additional warrants were served on Roberts for Violation of Oath of Office and Falsifying Public Documents. [Note from the Editor: Read articles from the bottom of the page to the top in order to read them in date order.]
Assistant District Attorney (ADA) Ben Coker advised by phone this evening that Roberts agreed to a plea that results in 12 months probation, 40 hours community service, a $1,000 fine, and the surrender of his POST Certification as well as an agreement not to seek POST Cerification as a law enforcement officer ever again. [Note from the Editor: To find out more about the importance of POST certification for law enforcement officers, read the article entitled "Molena Chief of Police Could Lose His POST Certification" below.] The rest of the charges were dismissed with the guilty plea on the misdemeanor, surrender of POST Certification, and waiving of his Due Process Hearing with POST which, I have been advised, denies him the right to reapply for recertification.
ADA Coker advised that the sentence is consistent with what has been done in other cases involving law enforcement cases in Pike and Upson Counties. "Typically what we do is we offer law enforcement--depending on the type of crime--a plea to the misdemeanor and we dismiss the violation of oath of office," he said. Coker went on to say that the District Attorney's Office had the consent of the GBI and stressed that it was consistent with cases of other law enforcement officers.
Coker also advised that this case was heard in Upson County rather than Pike County because Judge Crawford does not have a court date in Pike County until the end of March. The District Attorney's Office wanted to go ahead and close out this file and notified law enforcement and the GBI about the plea agreement prior to the court date. As of today, Jim Roberts will never work in law enforcement again.
Pike County Times has been following up on the Roberts case since it began. This includes phone calls, emails, and filing Open Records Requests to ensure that the story is as up to date as it can be. You can read these articles in date order from the bottom of the page to the top. If you enjoy reading this information for free, please make a donation to help pay for the time and effort that is put into articles like this.
By Editor Becky Watts
CONCORD - This meeting was attended by Mayor Jim Roberts and Council Members Subrenna Weathers, Kim Griffin, Doug Neath, and Mayor Pro tem John Strickland along with Sharon Casey to take the minutes and the City Attorney Virginia Church. The meeting was called to order and Mayor Pro tem John Strickland asked some questions and it was clarified that he is running the meeting even though Mayor Jim Roberts was sitting at the head of the table. Click here for more.
By Editor Becky Watts
MOLENA - The GBI arrested Molena Chief of Police on charges of Solicitation of Sodomy and Theft by Conversion on October 15, 2014. Jim Roberts was serving as the Molena Chief of Police and Mayor of Concord when this arrest took place. Since this time, he has been suspended as the Chief of Police in Molena and is no longer the acting mayor in the City of Concord.
Pike County Times has been following up on the Roberts case since it began a little over a month ago. This includes phone calls, emails, and filing Open Records Requests to ensure that the story is as up to date as it can be. If you enjoy reading this information for free, please make a donation to help pay for the time and effort that is put into articles such as this one.
City of Molena Holds Follow Up Meeting
Jim Roberts, the former Chief of Police in Molena, was suspended with pay for a period of no greater than 30 days in an October 2014 meeting in accordance with Molena’s City Charter based on “current incapacity to serve as Chief and failure to perform duties” because of his arrest by the GBI. [Note from the Editor: Read this in the article entitled "Molena Chief of Police Denied Bail" below.]
In the Special Called Meeting of the Molena City Council held on Friday, November 21, 2014, Roberts was suspended without pay. This will remain in effect until his case is settled in the judicial system.
City of Concord Files Incident Report
The City Concord made a change in leadership after the arrest of its acting mayor last month. Concord City Council appointed John Strickland to act as Mayor Pro Tem for the city. On November 19, 2014, Mayor Pro Tem Strickland placed a complaint with the Pike County Sheriff's Office in reference to the 2006 Ford Super Duty Truck that Roberts had been issued when he was acting mayor for the city. The incident report is categorized as Theft by Taking of the government vehicle.
According to the Pike County Sheriff's Office Incident Report, Strickland advised that he had asked Roberts to return the truck to the City of Concord by November 11, 2014. Roberts advised Strickland that the truck was in Alabama and that he would return it by Sunday, November 16, 2014.
When the truck had not been returned, Strickland spoke to Roberts again on November 17, 2014. Strickland advised authorities that Roberts said that he would need to get a trailer in order to bring it to Concord from Alabama. At this point, Strickland said that he contacted Mr. Virgil Brown, Roberts' attorney, and advised that the City of Concord needed the truck back immediately. When the truck had not been returned by November 19, 2014, Strickland made a report with the Pike County Sheriff's Office about the city's truck.
Pike County Times contacted the City of Concord in reference to this Theft by Taking of Government Property case. According to Mayor Pro Tem Strickland, he filed the report with the Pike County Sheriff's Office in order to clear up a discrepancy in Concord's inventory since the truck was part of the city's inventory, but they did not have possession of the vehicle at that time. Strickland advised Pike County Times by phone last night that the truck has been returned and "is in the City of Concord's possession at this time."
POST Advises on Robert's Law Enforcement Certification
When Roberts was arrested and charged with a felony, his certification to work as in law enforcement was put into jeopardy because he has been accused of violating the laws that he was charged as a police officer to uphold. Ryan P. Powell, Director of Operations Division for Georgia P.O.S.T. Council, advised that "As long as a felony charge is still pending, Mr. Roberts will remain under an "emergency suspension" of his POST certification as a peace officer." This means that he cannot serve in any capacity as a law enforcement officer while this case goes through the court system.
[Note from the Editor: To find out more about the importance of POST certification, read the article entitled "Molena Chief of Police Could Lose His POST Certification" below.] It is important to note that a person cannot work in law enforcement in the State of Georgia without POST certification.
Closing
Pike County Times will continue to follow up this case as it works its way through the court system and advise of updates if and when updates become available.
By Editor Becky Watts
MOLENA - A Consent Order for Bond was issued in the case of State of Georgia vs. James Anthony Roberts on October 22, 2014. Assistant District Attorney Ben Coker advised that he drew up the Consent Order at the direction of District Attorney Scott Ballard after speaking with Virgil Brown, who is the attorney for Roberts and with the Georgia Bureau of Investigation (GBI) which did not oppose bond on the case.
Roberts was denied bond on the initial warrants issued by the GBI on two counts of Solicitation of Sodomy on juveniles under 17 years of age and one count of Theft by Conversion. [See original article at the bottom of the page.] Coker advised that two additional warrants were served on Roberts for Violation of Oath of Office and Falsifying Public Documents. [See article about POST certification below for more information about law enforcement certification.]
Total bond on this case was $44,200. "That came at the direction of my boss [District Attorney Scott Ballard] after speaking with the GBI to confirm with them that they do not oppose bond in the case," Coker said. "It was my name that appears on the Consent Bond, but it was actually [District Attorney] Scott Ballard who consented," said Coker. "I just prepared the order."
Coker advised that there are some special conditions on this bond that will be adhered to until the case is completed. Those conditions are: 1) Roberts shall refrain from having any contact with witnesses and/victims in the underlying case for which warrants have been issued and served against him; 2) Roberts shall refrain from having any unsupervised contact with minors, that is to say, anyone under the age of eighteen years; and 3) Roberts shall refrain from having any access to, carry, or possess any firearm, provided however, that said defendant's wife, who is a law enforcement officer, shall not be so restrained and may carry her weapon. The Consent Order for Bond plainly states that "Should James Anthony Roberts violate the conditions of said bond, said defendant shall be brought before the Court for hearing as to whether said bond shall be revoked."
[Note from the Editor: Scroll down to the bottom of the page to read articles on this case in date order. You can also click here to read about a second arrest that took place in reference to this case. Adam Sampler had been employed as a police officer at Jonesboro Police Department prior to his arrest.]
By Editor Becky Watts
MOLENA - Molena Chief Roberts was arrested last Wednesday on charges of two counts of Solicitation of Sodomy and one count of Theft by Conversion. Roberts was denied bond when he stood before Judge Fletcher Sams in Spalding County in his first appearance hearing on Thursday, October 16th.
Major David Neal confirmed that Roberts is being housed in another county and is not in the Pike County jail.
Cities where Roberts had served in positions of authority prior to his arrest have made changes through actions of their City Councils. In Concord, Mayor Pro Tem John Strickland was voted in as the Acting Mayor due to these pending charges against the current elected Mayor Roberts.
The City of Molena held a Special Called Meeting Thursday night after their regularly scheduled Budget Workshop to address the arrest of their police chief. According to Molena City Clerk Cindy Darsey, the meeting was posted and the Pike Journal Reporter, the official legal organ for Pike County, was notified of the meeting per state guidelines for Open Meetings.
Present at this meeting were Mayor Jay Garner, Councilmen Danny Riggins, Richard Beckham, Darrell Riggins, George Ingram, and Damon Riggins as well as City Attorney Jack Park and City Clerk Cindy Darsey to take the minutes. At the beginning of the meeting, there was a discussion about whether or not to hold an Executive Session, but the Council decided not to do that.
During the open meeting, Mayor Garner read aloud his letter to the Council dated October 15, 2014 that suspended Molena Police Chief James Roberts from duty with pay for a period of no greater than 30 days in accordance with Molena’s City Charter based on “current incapacity to serve as Chief and failure to perform duties” because of his arrest by the GBI. It was stated explicitly in the meeting that the City has not assigned guilt or innocence on these charges, but explained that the City needed to appoint an interim Police Chief to serve until the matter is resolved or to establish a Memorandum of Understanding with the Pike County Sheriff’s Office to provide police protection and “to preserve peace and order at the polls” per Molena’s City Charter.
Mayor Garner submitted resumes to the Council for William Novin Darsey, Jr. and Steven Burge, and Reserve Officer Jerry Rafferzeder made a personal presentation to the Council for the Interim Chief position. During the course of this discussion, Mayor Garner asked that Reserve Officer Rafferzeder be paid for the time and effort spent in the city on the day of Roberts' arrest. A motion was made and the decision was unanimous to pay Officer Rafferzeder for that day of work.
Mayor Garner stressed during the discussion of hiring an Interim Chief of Police for the City of Molena that Roberts is still an employee of the City and has not been replaced at this time.
After further discussion and review of the resumes, Councilman Danny Riggins made a motion to hire Novin Darsey as Interim Chief until this issue can be revisited on October 30, 2014. Councilman Damon Riggins gave the second with the final vote being 4-1 with Councilman George Ingram opposed.
The Council chose to hire an Interim Police Chief out of the three resumes that had been submitted for this position. Novin Darsey was chosen by the Council to fill this position with Council Member George Ingram opposed.
There will be a workshop at 6 p.m. on October 30, 2014 with a 7 p.m. Special Called Meeting to discuss this matter.
[Note from the Editor: Special thanks to the City of Molena (especially City Clerk Darsey with her hard work!) for working with Pike County Times to make sure that this information is provided to the public. Kudos on doing everything by the book on this Special Called Meeting too!]
By Editor Becky Watts
MOLENA - The State of Georgia Peace Officer Standards and Training Council is in charge of issuing certifications to law enforcement officers according to minimum standards of training and completed basic training as well as investigating when an officer is arrested and charged with breaking the law that he or she was supposed to uphold.
"There are provisions in the code section that says that basically what we issue, we also have the responsibility when officers get in trouble, to investigate that and take it to our Council for a possible disciplinary action," said Ryan Powell, Public Information Officer (PIO) for Georgia Post. Disciplinary action can lead from probation all of the way to actual revocation of certification as a law enforcement officer.
According to the POST website, POST Council has the authority to discipline any certified officer who is found to have violated employment and training rules and regulations. It is also clarified that if a person has violated any of these provisions--including crimes involving moral turpitude, participated in any "unprofessional conduct" that does not conform to the "minimal standards of acceptable and prevailing practice of an officer," committed an act "indicative of bad moral character or untrustworthiness," or been suspended from his or her law enforcement unit for disciplinary reasons, Council has the authority to administer discipline all of the way up to revoking the officer's certification.
When asked specifically about steps that could be taken against Roberts, Powell advised generally that in cases like this, POST will open an investigation into the law enforcement officer's certification status and ask the GBI to share their information for the case. While POST will not be involved with anything criminally, POST will review the information once the court case is concluded and the POST Council will make a determination on doing what is appropriate based on the outcome of the case. It is important to note that once POST opens a case, the proceedings are confidential until a final decision is made.
A person cannot work in law enforcement in the State of Georgia without certification through POST.
Click here to find out more about POST investigation and here to find out more of what POST does in the state of Georgia as far as certification and training of our peace officers.
MOLENA - According to press release obtained through WGXA Fox 24 News out of Macon, the GBI arrested Molena Police Chief James Roberts today. The arrest comes after a month and a half long investigation into allegations that Roberts solicited several young men for sex and used his position as police chief to gain the trust of the young men. Roberts, who is also the Mayor of Concord, provided one of these young men with his personal code and key to obtain county gas to fill up the young man’s personally owned vehicle.
On August 22, 2014, Assistant District Attorney Benjamin Coker, of the Griffin Judicial Circuit, requested the GBI conduct an investigation into allegations against Roberts. The request came after the grandparents of one of the young men, who was allegedly victimized by Roberts, reported the information to the Pike County Sheriff’s Office. The investigation also revealed Roberts sent obscene pictures to a juvenile on his city phone.
The GBI presented its findings to Griffin Judicial Circuit District Attorney Scott Ballard who determined Roberts would be charged with two counts of Solicitation of Sodomy and one count of Theft by Conversion.
Subsequent to Roberts’ arrest, GBI agents executed search warrants at Roberts’ residence, the Molena Police Department, Molena City Hall, and Concord City Hall.