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PAGE 2A BARROW NEWS-JOURNAL WEDNESDAY, NOVEMBER 30, 2016 Statham police officer had critical evaluation in Winder in 2015 By Ron Bridg'eman News-Journal Reporter Marc Lofton, the police offi cer who is the subject of a list of complaints, joined Statham’s police department after receiving an annual evaluation in Winder that was significantly worse than the year before. Lofton worked for the Wind er Police Department about two years before joining Statham’s department, from April 11. 2013. to June 23, 2015. Lofton’s salary for the 2017 budget year is $36,013, accord ing to the Statham budget. He was paid $35,490 in Wind er after a raise July 3, 2014, per sonnel records show. He was criticized in his two Winder evaluations for not meet ing the quality of work expected and for not doing accurate work with minimal supervision The second evaluation was May 5, 2015. He applied to Statham police May 28 and turned in his notice in Winder June 10. He accepted a position with Statham June 9. In his evaluation May 5, 2015. Lofton was marked as “needs improvement and/or does not meet expectations’’ for four items that had not been an issue on his first evaluation in Winder. Those areas include talking to customers “in a professional manner.’’ being “able to handle job-related criticism appropri ately and suggestions for work improvement,” meeting goals “identified from the prior evalua tion” and improving “upon iden tified areas for improvement.” In his May 2014 evaluation, Lofton was marked “no” for his work quality meeting expec tations and for doing accurate work with minimal assistance or supervision. The same categories were checked in his 2015 evaluations plus the four items outlined above. Those latter four items are in the section for “general overview” and includes “this is a reflection on the prior year’s evaluation.” In his 2014 evaluation, under “necessary improvements,” it is noted Lofton “needs to improve his writing skills including gram mar and spelling” and “should seek additional training in the field of search and seizure,” In the same section in 2015. it says Lofton should “ensure reports and all appropriate forms are accurately documented and submitted in a timely manner: use proper regard and due care in all driving situations; and work on accepting and responding to constructive criticism from supervisors.” Lofton also was the subject of an “after action report” following a vehicle pursuit he made in July 2014. He said he saw a vehicle driv ing without headlights and fail ing to yield. Based on those violations, Lofton said, “He felt the driver was ‘possibly DUI and a danger to the public.’” Both vehicles were traveling at “a high rate of speed” during the pursuit, he reported. Sgt. David Garrett, night shift commander, compiled the report and said, “I also explained to him that due regard is key and even if the suspect is not being con scious of the public, we had to.” The city’s Office of Profes sional Standards also reviewed the incident, and Sgt. Chris Coo per said, “Officer Lofton did not appear to abide by policy regula tions in regards to the use of due regard during the middle and end phases of this pursuit.” Police continued from 1A have an investigation under way. She said the Athens GBI office has talked with Brad Smith, district attor ney for Barrow County. The DA is reviewing information to determine if there is any indication of criminal intent, she said. If he requests a GBI inves tigation, the agency will begin one. Miles said GBI reviewed some information from Statham and did not find evidence of criminal behavior. “We did see allegations that were of a civil nature, of protocol, that would be dealt with by the police department internally,” she said. Sarah Griffie, chief assistant district attorney for Barrow County, said the office is still review ing information about the Statham situation. She said she would expect a resolu tion “within the next week or so” unless something unknown turns up in the review. Johnston issued a let ter “to the citizens of Statham” Friday, saying, “I make no excuses or apolo gies for the enforcement of impaired driving.” He noted the department has been criticized for “policing for profit.” The town’s budget for money from fines has risen from about $70,000 to $250,000 in three years. “I will not apologize for directing my department to aggressively enforce impaired driving, and I will not apologize for my officers doing it,” Johnston said. “I could care less of what such enforcement brings into the budget or whether it’s heard in our court or superior court. You can’t put a price on a life.” Bridges said the town’s fine revenue went up dra matically after it bought “tag readers.” He explained the readers flag drivers that have outstanding warrants or no car insurance. “It made a tremendous difference.” he said. Johnston also said, “We aggressively enforce (the law) and will continue to aggressively enforce it. If you don’t want it enforced, take the law off the books, take that responsibility away from us.” According to multi ple websites by attorneys who defend against DUI charges, the “less safe” charge, “is every bit as serious as any other DUI offense in Georgia. ‘Less Safe’ refers only to the manner in which a case is proved against the accused DUI driver in Georgia. ‘Less Safe’ is the standard of evidence used to prove the DUI.” The statue provides “that a driver can be convicted of DUI even if the driv er’s BAC is less than 0.08 grams” on a toxicology screen. Johnson said Friday the “less safe” charge “covers all the bases.” He explained police do not know the extent of alcohol or drugs in a per son’s body until test results are returned. If a person has an alco hol level of .08 or higher, he said, it is considered legally “presumptive” that the individual is DUI. If it is less than .08 and the person has been charged with DUI - over the legal limit, “then you have a problem.” In drug analysis, the results tell police what drugs are in a person’s blood stream. Lofton is on “light duty status” after he was injured in an incident in August in which a woman ran over his legs. Johnston said Wednesday that Lofton “hadn’t been medically released” by his neurol ogist. In the August incident. Lofton suffered a “concus sion and a hematoma” on the rear of his head, John ston said. Shortly after that inci- /^^^xConsidering M R buying or / selling? 770-867-9026 www.maynardrealty.com -A PUBLIX MYSTERY COUPON See What 1<t Gets! Bring this coupon to Publix on November 30, 2016, and find out what one penny gets you! Good with your purchase of $10 or more. Limit one coupon per household per day. Excluding all alcohol, tobacco, lottery items, money services, postage stamps, gift cards, and prescriptions. Customer is responsible for all applicable taxes. 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Thomas Mitchell, city attorney for Statham. said Monday afternoon he has not talked with any attor neys about potential legal action in any of the cases. He said Pickens notified the city in August 2015 of the possibility of legal action and added to that in March. Generally, he said, peo ple who complain about similar incidents have two years from the date of the incidents to file lawsuits. “When I became mayor, I began pushing to do away with drugs,” Mayor Robert Bridges said. He emphasized that he continued that insistence when Johnston took over as chief in 2014. “I wanted (Johnston) to go after drugs,” Bridges said. “The drug business has ruined our country.” Johnston told Bridges, “Get ready for the push- back,” the mayor said. “I’m backing up the police 100 percent.” he declared. Bridges also said, “More people appreciate the police department than don’t.” He said multiple times that the community “supports the police.” Bridges said he asked for a GBI investigation of the city police because he was requested to do so. He added an investiga tion “is a way to document what our officers have done.” Johnston said a GBI investigation would be “basically a second opin ion” to his consideration of complaints from Kelly Pickens, one of those who spoke at the council meet ing. In his letter to council. Johnston says, “As far as I am concerned after this answer, the whole incident and underlying incidents are unfounded and closed. . . If they wish to seek fur ther investigation, they can seek elsewhere as I will not entertain them.” Jl TCoCiday ‘Tradition in ‘Watfcnsvitte Over 70 artists' booths juried art and fine crafts Pottery, paintings, handmade books, jewelry, sculpture, wood, folk art, fiber... 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