About The times. (Gainesville, Ga.) 1972-current | View Entire Issue (June 20, 2020)
LOCA^STATE The Times, Gainesville, Georgia | gainesvilletimes.com Weekend Edition - June 20-21,2020 5A Father of man shot by police in 2019 files lawsuit BY NICK WATSON Nwatson@gainesvilletimes.com The father of a 21-year-old Oak- wood man fatally shot by Gaines ville Police in September has filed a lawsuit against the department and two of its officers, according to court documents. Adam English was shot around 5 p.m. Sept. 20 near the Northeast Georgia Physicians Group surgical associates building on Jesse Jewell Parkway. His father, Joshua English, is the plaintiff in the suit filed Monday, June 15, against Gainesville Police and two of its officers, Jonathan Fowler and Jose Hernandez. Police received a 911 call around 4:33 p.m. Sept. 20 about a man with a gun. “Adam did not appear to be armed, and in any event, he was not holding a gun or other weapon in his hands when the officers encountered him,” according to the lawsuit. “Adam was not brandishing a gun or other weapon in a threat ening manner when the officers encountered him.” The lawsuit claimed it is unknown whether English saw the officers approach ing or understood any verbal com mands to stop “because plaintiff has only been allowed to view a portion of a video of the incident.” The plaintiff does allege, however, that “Adam was shot in the back by two officers as he continued to walk away from the officers at a normal walking speed.” Gainesville Police officials did not immediately respond to a request for comment. The investigation regarding the officers’ use of force is still under review in Northeastern Judicial Circuit District Attorney Lee Dar- ragh’s office. A Georgia Bureau of Investiga tion investigative report document said Fowler and Hernandez fired their weapons, though at least five officers were involved in the inci dent, according to the lawsuit. The lawsuit claims the offi cers are not entitled to any quali fied immunity as “the law being clearly established in September 2019 that mere possession or sus pected possession of a potentially lethal weapon which is not being used in a threatening manner is no justification for the use of deadly force.” The lawsuit alleges a violation of English’s Fourth Amendment rights, battery, negligence and a claim involving the Americans with Disabilities Act, as the plain tiff alleges the officers “were aware that Adam English suf fered from some form of mental illness.” Under the ADA claim, the offi cers “failed to make reasonable accommodation for Adam Eng lish’s disability by deciding to escalate the encounter into a use of deadly force rather than to uti lize de-escalation or other nonle- thal strategies which should have been part of their training.” It is also alleged that Fowler “was involved in another exces sive force incident just four months earlier in which he delib erately rammed the vehicle of a fleeing motorist in violation of departmental policy, for which he should have been terminated or reassigned but was instead given a short-term suspension and told to undergo additional training in judgmental use of force,” accord ing to the lawsuit. The Times has also reached out to Gainesville Police to get infor mation on this incident and what follow-up took place. The lawsuit is seeking damages, attorney’s fees and court costs fol lowing a jury trial. English Lula to hold hearing June 22 on cutting budget BY MEGAN REED mreed@gainesvilletimes.com Lula’s budget, like other local governments’, has seen some adjustments due to the COVID-19 pandemic, and com munity members will can comment on the proposed budget for the next fiscal year at a hearing Monday, June 22. The city’s fiscal year restarts July 1. The 6 p.m. hearing Monday will be held online over Zoom, with login informa tion available on the city website about 24 hours in advance. The proposed budget is $1,116,551, about $73,000 lower than the current year’s budget of $1,190,310. The cuts are about 7%. Expenses have been lowered by making smaller cuts in several areas, including $3,500 less in City Hall maintenance and improvements, $2,600 less in administration training, $5,000 less in sidewalk repair and $8,000 less in street repair and maintenance. The proposed budget also includes $4,000 less for travel and $7,100 less for Mayor and City Council reimbursements, changes made possible by the cancelation of some statewide events, City Manager Dennis Bergin said. Lula is also projecting some losses in tax revenues, includ ing about a 34% decline in Hall County motor vehicle taxes and about 10% less in Hall local option sales tax revenue. While Lula is projecting that its revenue from Banks County motor vehicle taxes will be cut in half, The city of Lula does not collect property taxes. But Bergin said Lula had seen less of a negative financial impact from COVID-19 than cities in some other regions. “Some communities, the Atlanta market as an example, are getting hit a lot harder with retail sales being down, sales tax figures being affected, hotel motel tax, alcohol tax collec tions. Those types of things are affecting a lot of communities differently than they are in Hall County and our region, and we’re fortunate in that respect,” Bergin said. “I think that has a lot to do with the diversity in Hall County and the diversity of our region.” Lula’s proposed budget is available on the city website. People can also go to Lula City Hall at 6055 Main Street between 9 a.m. and 4 p.m. on weekdays, call 770-869-3801 when they arrive, and a city staff member will bring them a paper copy. There is a drop box on the door of City Hall where people can leave written comments about the budget with their name and phone number for follow-up. The Lula City Council will vote on the budget at a 6 p.m. online meeting Monday, June 29. Gainesville man wanted on insurance fraud, forgery charges BY NICK WATSON nwatson@gainesvilletimes.com A Gainesville man is wanted on charges of insurance fraud and first-degree forgery in a case related to construction at a Gainesville city school, according to authorities. Insurance and Safety Fire Commissioner’s Office agents are asking for information leading to the whereabouts of Gary Stiles, 62. Stiles was accused of “creating a fraudulent certificate of insurance covering workers’ compensation and general lia bility in July 2019 while he was performing construction at a Gainesville city school,” according to a news release. Anyone with information on Stiles’ whereabouts is asked to call the criminal investigations division at 404-463-6363. Insurance fraud is a felony punishable by two to 10 years in prison, a maximum fine of $10,000, or both. Gainesville City Schools officials did not respond to a request for comment regarding Stiles’ work for the school system. Former city official charged in ongoing Atlanta corruption probe ATLANTA — A former high-ranking city official has been indicted in an ongoing federal investigation into cor ruption at Atlanta City Hall. Former commissioner of the Department of Water shed Management, Jo Ann Macrina, 63, is charged with conspiratorial bribery, brib ery and tax evasion, federal prosecutors said in a news release Friday. The charges stem from her acceptance of money and other items of value from Lohrasb “Jeff” Jafari, a former contractor for the city and for DeKalb County, prosecutors said. A February 2019 indict ment accused Jafari of tax evasion, money laundering and bribing former city chief procurement officer Adam Smith, who has pleaded guilty and was sentenced to prison. Jafari has pleaded not guilty to those charges. Additional counts of bribery and tampering with a wit ness have been filed against Jafari for bribes he paid to Macrina, prosecutors said. Associated Press indicted on arson charges Waller Smallwood Martin Bailey Thompson 5 Hall men BY NICK WATSON nwatson@gainesvilletimes.com Five Hall County men were charged by a federal grand jury in an arson case stemming from a Gainesville Police car being torched with a flare gun at the officer’s residence, accord ing to authorities. Those charged were Delveccho Waller Jr., 21, Jesse Smallwood, 21, Dashun Martin, 23, and Judah Bailey, 20, all of Gainesville, and Bruce Thomp son, 22, of Oakwood. A Gainesville Police Department patrol car was set on fire June 2 in the parking lot of an apartment complex. “While using the cover of peaceful protests in Gainesville, the defendants allegedly sought out and intentionally burned a police vehicle,” said U.S. Attorney Byung J. “BJay” Pak in a statement. “Those seeking to perpe trate criminal acts of violence toward our law enforcement officers should expect to be prosecuted to the full extent of the law.” According to the U.S. Attorney’s Office, a witness saw an older model vehicle with no lights parked near the apartment entrance. The witness saw two people from the car approach the patrol car before a “loud bang followed by a bright light” and smoke coming from the patrol car, according to the U.S. Attorney’s office. “We want our community to know we stand with them during their rights to peacefully protest. Sadly, agitators that do not necessarily share the same goals as our community took this opportunity to target one of our officers at his resi dence. We will not stand for this type of destruction and violence in our com munity,” said Gainesville Police Chief Jay Parrish in a statement issued by the U.S. Attorney’s Office. A lookout went out over the radio for the suspect vehicle, and officers spot ted one matching the description at a nearby gas station and convenience store. “The driver, Jesse James Small wood, agreed to speak to one of the officers and gave permission for his car to be searched. During the search, offi cers recovered three spent explosives and a flare gun. Smallwood and his pas sengers, Waller Jr., Thompson, Bailey, and Martin, were all arrested for the arson,” according to the U.S. Attorney’s Office. The indictment includes one count of general conspiracy and one count of arson, where it is alleged the police patrol unit is “used in interstate and for eign commerce, and in activities affect ing interstate and foreign commerce.” No attorneys were listed for Waller or Smallwood with either Hall County Magistrate Court or the federal court record database. Attorneys for Martin, Thompson and Bailey did not immediately respond to requests for comment. — birthday after birthday— From your birth day, through all your birthdays, Northeast Georgia Physicians Group Family Medicine in Gainesville offers comprehensive care for patients of all ages including prenatal care, labor & delivery and hospital care when needed. We offer a team approach, so every doctor in our practice has eyes on your care - even from the safety of your own home using video visits. Call 770-219-9445 or request your appointment online: ngpg.org/birthdays Rabies case reported in Flowery Branch A rabies case has been reported in the 5400 block of Amber Cove Way in the Flowery Branch area. A raccoon came in contact with a dog, and the raccoon was sent to the Georgia Public Health Lab. Hall County Ani mal Control learned Friday, June 19 that the raccoon was positive for rabies. This is the sixth confirmed case of rabies in Hall for 2020. Signs will be posted in the area where the raccoon was located. If you see an animal acting abnormally in the area, contact Hall County Animal Services at 770-531-6830 or during non-working hours call Hall County Dispatch at 770-536-8812. Compiled from Hall County Government press release Northeast Georgia PHYSICIANS GROUP n GRADUATE MEDICAL EDUCATION program affiliate
