Newspaper Page Text
The True Citizen, Wednesday, July 14, 2021 — Page 7
I^FOR THE RECORD
Judge sides with sherriff’s office, denies injunction
SHELLIE SMITLEY
thetruecitizen.shellie@gmail.com
Former Deputy James Hol
lingsworth , who suffered a
gunshot wound in 2013 while
the line of duty, alleged that
he was terminated after he
disclosed that he believed lead
contamination in the Burke
County Sheriff’s Office may
have contributed to his 2019
lead poisoning diagnosis.
Hollingsworth initiated the
complaint under the Georgia
Whistleblower Act (GWA)
for an alleged retaliatory dis
charge and asked for a pre
liminary hearing requiring the
BCSO to close the indoor bring
range, remediate the alleged
lead contamination and to
notify all potentially affected
personnel.
The Defendants filed an
answer addressing Holling
sworth’s complaint for dam
ages and emergency prelimi
nary injunction against the
Burke County Sheriff’s Office,
Sheriff Alfonzo Williams and
County Manager Merv Wal
drop.
In the answer, the County ar
gued that Hollingsworth asked
the court to issue an injunction
mandating the BSCO to com
ply with OS HA regulations re
garding lead in the workplace.
“Injunctive relief under the
GWA is available only to rem
edy retaliation, such as by
placing the plaintiff back in the
position he would have been in
but-for the retaliation,” the an
swer reads. “Enforcing OSHA
regulations has nothing to do
with restraining continued
violations of the GWA.”
At a hearing held at the Ev
ans Columbia County Justice
Center July 8, Judge Daniel
Craig sided with Burke County
and denied the injunction.
Hollingsworth claims he
was unduly terminated and is
asking for reinstatement. The
Sheriff’s Office contends in
its bled answer that in April
2020 Hollingsworth underwent
a functional capacity test that
concluded his job fell in the
medium work level and he did
not meet the essential demands
of that job at the time. Accord
ing to official court documents,
Hollingsworth was unable to
remain seated or standing for
BURKE COUNTY JAIL BOOKINGS JULY5-11
James Franklin
Aiken Jr., 38
Veterans Dr.,
Augusta
BCSO, July 6
Safekeeping for
McDuffie County SO
Jon-Erik Cody
Johns, 36
Pennsylvania Ave.,
Folkston
Chalton County SO,
July 10
Safekeeping for
Charlton Co SO
John Lee
Clements, 31
Pineland Dr., Evans
BCSO, July 6
Probation violation-
felony
Brandon Tracy
Johnson, 24
Hephzibah-McBean
Road, Hephzibah
BCSO, July 8
Safekeeping for Jef
ferson County SO;
probation violation
Carl Joaquin
McGaha, 40
River Road, Folkston
BCSO, July 10
Safekeeping for
Chariton County SO
Robert Anthony
Jones, 37
Farmers Bridge
Road, Hephzibah
BCSO, July 6
Simple battery-family
violence; safekeep
ing for Richmond
County SO
Mack Cooper, 27
Davis Road,
Waynesboro
BCSO, July 9
Aggravated assault;
terroristic threats and
acts
Kevin Lee Andrew
Stewart, 38
Cohen Road,
Waynesboro
WPD, July 9
Probation violation
for fingerprintable
charge-misdemeanor
Karmecia
Hopkins, 23
West Neal St.,
Louisville
WPD, July 5
Theft by taking-
misdemeanor
it V
Javarron Tamassi
Walker, 19
Screven St., Sardis
BCSO, July 6
Simple battery-family
violence; cruelty to
children in the 3rd
degree-family vio
lence
Krista Sophia
James, 31
Del Rio Road,
Hephzibah
BCSO, July 7
Criminal trespass;
simple battery-family
violence
Melvin Williams, 58
Barlett Road,
Waynesboro
WPD, July 9
Contributing to
delinquency of a
minor-misdemeanor;
parole violation
more than 30-45 minutes at a
time without being in excruci
ating pain. Since the BCSO’s
light duty positions are large
ly sedentary, the defendants
and a workers’ compensation
professional concluded the
department had no positions
that could accommodate Hol
lingsworth’s restrictions.
Having received no signs of
the deputy’s condition improv
ing for the 10 months he was on
leave, and with a new budget
cycle approaching, Williams
terminated Hollingsworth ef
fective October 31, 2020, the
answer states.
The county alleges that Hol
lingsworth initially requested
an appeal of his termination,
but then failed to appear at the
hearing. The answer goes on
to say that on December 30,
2020 Hollingsworth filed a
charge of discrimination with
the Equal Employment Oppor
tunity Commission claiming
the BCSO discriminated and
retaliated against him on the
basis of disability. The EEOC
has not issued a notice of right
to sue, currently preventing
Hollingsworth from pursuing
his violation of the Americans
with Disabilities Act case in
federal court.
Currently, the bring range
remains closed to the public.
“We will talk further with
the attorneys and devise a safe
plan going forward,” Williams
said after the hearing. “We will
continue to act responsibly as
we have done throughout.”
Brenton S. Bean represents
the defendants in the civil
matter.
C/)
111
X
CO
(left to right) Sheriff Alfonzo Williams, attorney Brenton S.
Bean and another member of the legal team exit the Evans
Columbia County Justice Center July 8.
BURKE EMA REPORT
The Burke County Emergency Management Agency re
sponded to 71 patients ’ calls during the week ending July 11.
Of those, 45 resulted in transports, including 29 to Augusta
hospitals. Nineteen of the transports were determined to be
emergencies and 26 were non-emergent.
The agency also answered 16 bre calls during the week.
They included one brush/grass bre, one bre/smoke alarm,
ten rescues, one vehicle bre, two public service calls and
one unspecibed call.
Luis Anthony
Wittrien, 33
George Bell Court,
Folkston
Charlton County
SO, July 10
Safekeeping for
Charlton County SO
Cordaryl
Bates, 34
Wallace St.,
Waynesboro
WPD, July 8
Following too
closely; hit and run;
duty of driver to
stop at or return to
scene of accident;
violation of a family
violence order
Christopher
DeWyne Smith, 47
Manderson Circle,
Hephzibah
BCSO, July 6
Safekeeping for
Columbia County;
Safekeeping for
Richmond County
Decari Kentrell
Shine, 29
KeeslerDr.,
Selma, AL
BCSO, July 7
DUI-alcohol 0.08 gm
or more, 21 or over;
too fast for condi
tions; improper pass
ing; open container
of alcohol in motor
vehicle
Javier Emmanuel
Thompson, 42
Fox Den Rd.,
Hephzibah
BCSO, July 5
Simple battery-fam
ily violence; cruelty
to children in the
3rd degree-family
violence
Rodriquez Edward
Broadwater, 38
Creighton Place,
Augusta
BCSO, July 6
Failure to maintain
lane; DU/-driving
under the influence
(Alcohol); open
container of alcohol
in motor vehicle
CharneleCaneshia
Brown, 28
Center West
Parkway, Augusta
WPD, July 11
Opposing or striking
city officer; no insur
ance; driving while
license suspended
or revoked-misde-
meanor; license:
driving without
license; bench war
rant-misdemeanor
\
James Byron
Martin, 29
Hadden Pond Road,
Waynesboro
BCSO, July 9
Marijuana-posses
sion of less than one
ounce; possession
of methamphet-
amine; safekeeping
for Ga Department
of Community
Supervision
Madarius Jajuan
Tremble, 24
Nanceion Circle,
Evans
BCSO, July 6
Theft by receiving
stolen property-
felony; marijuana-
possession of less
than one ounce;
safekeeping for Ga.
Department of Com
munity Supervision
AGENCIES
BCSO: Burke County Sheriff’s Office;
WPD: Waynesboro Police Department;
GSP: Georgia State Patrol;
MPD: Midville Police Department;
SPD: Sardis Police Department;
DOC: Department of Corrections
DNR: Departmentof Natural Resources
DISCLAIMER NOTICE: ALL ARE PRESUMED INNOCENT UNTIL PROVEN GUILTY IN A
COURT OF LAW
1022 N. Liberty St., Waynesboro - 706-551-0876
INDICTMENTS
Burke Grand Jury
returns true bills
The April 2021 term Grand Jury returned the following True
Bills of indictment during the July 1,2021 session.
Horace Eugene Wesby: aggravated child molestation; criminal
attempt to commit a felony; child molestation (8 counts)
Megan Mullins McKinney: theft by taking
Timmy Jay Jackson: theft by conversion
Kenosha Manson: battery, family violence; hindering emer
gency telephone call; cruelty to children in the third degree (2
counts)
Deandre Maurice Brown: battery, family violence
Tyler Alexander Tutt Evans: possession of marijuana, more
than an ounce; speeding
Patrick William Ambrose: possession of methamphetamine
with intent to distribute; possession of marijuana with intent to
distribute
Bethany Godbee: possession of a controlled substance with in
tent to distribute; possession of marijuana with intent to distribute
George Richard Holmes: possession of rirearm by convicted
felon
Willie Edward Ttirner: manufacture of marijuana
Hubert Williams: possession of a schedule I controlled sub
stance; possession of rirearm by convicted felon
Tiffany Renee Hege: possession of methamphetamine; driving
while license suspended; failure to maintain lane
Michael Deangelo Heath: aggravated assault; battery, family
violence; cruelty to children in the third degree
Saunderdean Tereshkova Hogues: terroristic threats (2
counts)
Celeste Denise Adams: possession of methamphetamine; giv
ing false information to a law enforcement officer
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