About The times. (Gainesville, Ga.) 1972-current | View Entire Issue (June 9, 2023)
E9 OUR REGION John Chambliss | Managing Editor 770-718-3407 | news@gainesvilletimes.com The Times, Gainesville, Georgia Weekend Edition-June 9-10, 2023 Man shot in standoff pleads guilty Northeastern DA clears officer of any criminal liability in shooting BY NICK WATSON nwatson@gainesvilletimes.com Editor’s note: This published in a previous E-Paper edition and is being provided here for print- only readers. A Hall County man shot after a standoff with law enforce ment pleaded guilty to attempted arson, and the officer who shot was cleared by the district attor ney of any wrongdoing, accord ing to court documents. Randy Berry, 35, entered a negotiated guilty plea May 25 to attempted first-degree arson, ter roristic threats, misdemeanor obstruction and misdemeanor reckless conduct. He was sen tenced by Superior Court Judge Kathlene Gosselin to 8 years on probation. Berry also signed an agree ment to enter into the Health Empowerment Linkage and Possibilities Court, commonly referred to as the mental health court program. The Hall County Sheriff’s Office responded around 12:30 a.m. July 16, 2022 on Lakev- iew Lane in Gainesville. The Sheriffs Office said Berry stopped com municating with authorities around 4 a.m., and the SWAT team’s commanders authorized officers to use force “to end the standoff.” The Georgia Bureau of Inves tigation was requested to investi gate the officer’s shooting, which was then turned over to North eastern Judicial Circuit District Attorney Lee Darragh for review. Darragh cleared the officer, Sgt. Mark Mason, of any criminal liability in the shooting. “The shooting of Randy Lee Berry, who suffered only minor injuries not requiring hospital admittance, was fully justified and even necessary to prevent harm to others or the loss of human life, though Berry may have himself been killed,” Dar ragh wrote in a letter to the GBI. According to Darragh’s letter, Berry was with his girlfriend, Chrisie Lundquist, earlier that day and was exhibiting paranoid behavior. “During the investigation, Berry described himself as being schizophrenic and bipo lar,” Darragh wrote. “He had recently been released from jail and had gone off some of his medications.” Berry’s mother became con cerned and called for the Sher iff’s Office to perform a welfare check, Darragh wrote. When deputies arrived at the home, Berry was concerned about being taken back to jail and “holed up in a two-story shed on the property with Chrisie Lun dquist,” Darragh wrote. “He refused to exit from the building and held an ax threaten ing to bust his own head open with it should deputies approach,” Darragh wrote. “He had Chrisie Lundquist with him in the shed, and it was reasonably believed by deputies that she was a hostage.” Lundquist would not come out of the shed, and Berry poured gasoline on himself, the district attorney said. Berry threatened to pour five more gallons in the shed and set it on fire, Darragh wrote. “Chrisie Lundquist stayed with him and at one point, Berry even lit a cigarette for himself despite being doused with gasoline,” Dar ragh wrote. The district attorney said the building was barricaded with straps, and neither negotiators nor the mental health profes sionals were able to get Berry to come out of the shed. Mason, a trained sniper, was given authority to take the shot after Berry said he was done with negotiations and made it harder for him to be seen, Darragh said. “As Berry was using mate rial to block the last opening for him to be seen, the opportunity came,” Darragh wrote. “As Berry was moving, Sgt. Mason tracked his movement and shot once. Berry was only slightly injured with shrapnel type wounds to his upper arm and right wrist.” Deputies cut the straps on the building, and Lundquist and Berry decided to leave, the dis trict attorney said. In addition to the sentence, Gosselin ordered that Berry engage in mental health treat ment with Avita Community Part ners or a similar provider and to take all prescribed medications. Berry will remain on the men tal health caseload for purposes of probation. Berry’s attorney, Brett Turner, did not return calls for comment. Berry Police investigate slaying Photos by SCOTT ROGERS I The Times Robert Adam Maggio, 48, was charged with felony murder and aggravated assault after a shooting around 11 p.m. Monday at his home on Belvedere Drive off of Price Road. Hall man charged with murder in Monday night shooting Maggio BY NICK WATSON nwatson@gainesvilletimes.com Editor’s note: This published in a previ ous E-Paper edition and is being provided here for print-only readers. A Gainesville man was charged with murder after fatally shooting a man who had been living with him, according to authorities. Robert Adam Maggio, 48, was charged with fel ony murder and aggra vated assault after a shooting around 11 p.m. Monday at his home on Belvedere Drive off of Price Road. The Hall County Sher iff’s Office said Maggio shot and killed Shane Gilleland, 51, who had been living with Maggio for a short time along with Gilleland’s girlfriend. Maggio was arrested Tuesday, June 6, after an interview at the Sheriff’s Office headquarters. The motive for the shooting was still under investigation, according to the Sher iff’s Office. Hall County Sheriff’s Office spokes woman B.J. Williams said the first call came into 911 dispatch at 11:14 p.m., and the first deputy arrived on scene six min utes later. “My understanding is that investiga tors did not want to release information publicly until they were able to finalize the arrest,” Williams wrote in an email. “They believed the shooting was the result of some type of altercation between only the suspect and the victim. There was no danger to the public.” The Hall County Sheriff’s Office said Maggio shot and killed Shane Gilleland, 51, who had been living with Maggio for a short time along with Gilleland’s girlfriend. Medical building proposed in Gainesville BY JEFF GILL jgill@ gainesvilletimes.com Editor’s note: This published in a previous E-Paper edition and is being provided here for print-only readers. A two-story medical office building is proposed off Limestone Parkway and Beverly Road in Gainesville. The 27,200-square-foot building would be on 1.4 acres at 2041 Bev erly Road, across from New Horizons Limestone nursing home, according to Gainesville planning documents. The building will be “set into the hillside so that access for each level will be at grade with upper and lower level parking,” documents state. Access is proposed from Beverly Road and Limestone Parkway. Other information, including poten tial tenants, wasn’t available as of Wednesday, June 7. The area has many other medical offices. Beverly Road leads to White Sulphur Road, where the New Hori zons Lanier Park long-term health care center is located. Dutton Properties LLC is seeking to annex the property and have it zoned as office and institutional. City planning staff is recommend ing approval with conditions, as the request is set to go before the Gaines ville Planning and Appeals Board on Tuesday, June 13. The planning board will formally recommend approval or denial. The Gainesville City Council will take final action at a later meeting. Gainesville Planning and Appeals Board What: Proposed medical office building off Limestone Parkway and Beverly Road When: 5:30 p.m. Tuesday, June 13 Where: Public Safety Complex, 701 Queen City Parkway JEFF GILL I The Times A two-story medical office building is proposed off Beverly Road at Limestone Parkway in Gainesville. Flowery Branch man gets charges over child porn BY NICK WATSON nwatson@ gainesvilletimes.com Editor’s note: This published in a previ ous E-Paper edition and is being provided here for print-only readers. A Flowery Branch man previously charged with child molestation now faces charges for child pornography after inves tigators searched his phone, according to authorities. Jonathan Malinguaggio, 38, was charged in Janu ary with aggravated child molestation and aggra vated sodomy after an investigation by the Hall County Sheriff’s Office. Malinguaggio The Sheriff’s Office said the case began on Sept. 13 after deputies were notified of the allegations by the Hall County Division of Family and Children Services. Sheriff’s Office spokesman Derreck Booth said Malinguaggio abused the girl between March 18,2020 and Sept. 13,2022. Authorities seized his phone and per formed forensic testing on it, which uncov ered 20 separate images of child sexual abuse material, according to the Sheriff’s Office. Malinguaggio was charged with 20 felony counts of sexual exploitation of children, according to the Hall County Sheriff’s Office. Malinguaggio turned himself in Tues day, June 6, to the Hall County Jail, where he remains with no bond. Magistrate Court officials said Malin guaggio told the court he would hire his own attorney, but specific attorney infor mation was not available.