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Suit filed against sheriff, deputies
By Matt Aiken
Sheriff Mark McClure and several of his officers are currently facing a federal civil rights lawsuit in which they are accused of conducting an illegal search of Lumpkin County resident Geoffrey Asher's property during a 2006 arrest.
A response filed by the county-hired legal representatives of Williams, Morris & Blum acknowledges that this search was indeed performed without a warrant.
However, the legal team will most likely argue that such measures were taken with Asher's consent and in order to protect the officers on the scene.
The other officials accused of participating in this search are Sgt. Curt Donaldson, Investigator Ben Nix, Deputy Sterling Cole and Lt. Ryan Miller, who is now working in Jacksonville, Fla. They are all named as defendants in the document filed by Asher's attorney, Matt Karzen.
The details surrounding Asher's arrest are conflicting.
On April 30, 2006 the then-40-year-old was reportedly speeding on Georgia Highway 115 when Cole attempted to pull him over.
LCSO officials have alleged that Asher failed to stop and instead returned to his nearby residence on Emory Stephens Road.
Once out of his vehicle, Asher reportedly ignored the commands of Cole, ordered the official to leave his property and then fled into his home.
Backup arrived at the scene in the form of numerous LCSO officers including McClure and the accused officials.
It was then that Asher emerged from his residence and was placed under arrest.
Following the arrest, six firearms were reportedly discovered in Asher's vehicle.
At the time, Capt. Jason Stover explained that this discovery led officials to carry out an immediate “protective sweep” of Asher's residence.
“That was done to make certain that there was no one else in the house,” said Stover in 2006. “Especially due to the amount of firearms found in the vehicle.”
A 2006 LCSO press release said that Asher consented to an additional search of his premises in which authorities allegedly discovered numerous firearms, thousands of rounds of ammunition, two blasting caps, and a few empty military rocket containers.
A warrant was then obtained and a more extensive search was later carried out with the assistance of the United States Bureau of Alcohol, Tobacco and Firearms. This time they reportedly discovered a total of 30 firearms and numerous prescription drugs.
The accusations in the pending lawsuit tell a completely different story.
The suit alleges that Asher failed to pull over for Cole's patrol car because Cole was traveling “some distance” behind him without flashing lights or a siren. As a result, Asher was reportedly unaware that he was being pursued by the deputy when he arrived at his home.
Asher was then reportedly surprised to find Cole on his property “pointing a handgun at him” as the man ordered him to get on the ground.
The suit alleges that when Asher asked what Cole was doing on his property, the deputy did not answer.
After additional officers arrived on the scene, Asher was placed under arrest.
It was then, alleges the suit, that Asher's Fourth Amendment rights were violated as LCSO officials executed an illegal search on his home.
The suits reads: “While Plaintiff was handcuffed, in custody in the back-seat of a Sheriff's patrol car, Sheriff Mark McClure and at least one of the other defendants illegally broke into plaintiff's home and conducted a lengthy search of the home utilizing several deputies.”
The suit also alleges that an additional illegal search on two of Asher's vehicles was conducted as well.
Both sides agree that a warrant to search Asher's home was eventually obtained several hours after the incident.
However, the suit somewhat vaguely suggests that lies were told in order to obtain this warrant.
“This application in support of this search warrant contained information known by one or more defendants', including but not limited to Deputy Sterling Cole, Lieutenant Ryan Miller and Sheriff Mark McClure, to be false,” stated the suit.
The LCSO response denies this claim.
Asher was ultimately arrested and charged with possession of a dangerous weapon, possession of destructive devices, possession of prescription drugs not in their original container, 26 counts of obtaining or attempting to obtain regulated drugs by fraud, five counts of possessing a controlled substance, obstruction, and speeding.
However, he has yet to be indicted, as his case remains on the Grand Jury schedule.
Last week, Asher's attorney pointed to this as a positive sign for his client's case.
“This all happened over two years ago and the D.A. has not seen fit to even indict the case against him,” said Karzen.
This civil suit was filed at the U.S. District Court in Gainesville on Feb. 19. The LCSO response was filed on April 21.
The Nugget was made aware of this suit last week.
The plaintiff is now requesting a trial by jury, as well as compensatory and punitive damages.
“It's not about money,” said Karzen. “It's about the principle. It's about the value of Mr. Asher's Constitutional right under the Fourth Amendment.”
McClure declined to discuss this case in-depth last week. However, he said that such suits are only part of the job.
“Maybe lawsuits are news, but they're pretty common in law enforcement,” he said. “That's just a common thing that occurs.”
Last Friday, county-hired attorney Jason Waymire declined to comment on the case as well. However, he pointed to another suit regarding a warrant-less search as a precedent.
This particular case of Bates v. Harney and Thomas states that such a search is legal if the property owner gives his or her consent or if “there is compelling need for official action and no time to secure a warrant.”
Assuming Asher's case goes the distance, it appears that the legality of the 2006 search will ultimately lie in the hands of a federal jury.
A response filed by the county-hired legal representatives of Williams, Morris & Blum acknowledges that this search was indeed performed without a warrant.
However, the legal team will most likely argue that such measures were taken with Asher's consent and in order to protect the officers on the scene.
The other officials accused of participating in this search are Sgt. Curt Donaldson, Investigator Ben Nix, Deputy Sterling Cole and Lt. Ryan Miller, who is now working in Jacksonville, Fla. They are all named as defendants in the document filed by Asher's attorney, Matt Karzen.
The details surrounding Asher's arrest are conflicting.
On April 30, 2006 the then-40-year-old was reportedly speeding on Georgia Highway 115 when Cole attempted to pull him over.
LCSO officials have alleged that Asher failed to stop and instead returned to his nearby residence on Emory Stephens Road.
Once out of his vehicle, Asher reportedly ignored the commands of Cole, ordered the official to leave his property and then fled into his home.
Backup arrived at the scene in the form of numerous LCSO officers including McClure and the accused officials.
It was then that Asher emerged from his residence and was placed under arrest.
Following the arrest, six firearms were reportedly discovered in Asher's vehicle.
At the time, Capt. Jason Stover explained that this discovery led officials to carry out an immediate “protective sweep” of Asher's residence.
“That was done to make certain that there was no one else in the house,” said Stover in 2006. “Especially due to the amount of firearms found in the vehicle.”
A 2006 LCSO press release said that Asher consented to an additional search of his premises in which authorities allegedly discovered numerous firearms, thousands of rounds of ammunition, two blasting caps, and a few empty military rocket containers.
A warrant was then obtained and a more extensive search was later carried out with the assistance of the United States Bureau of Alcohol, Tobacco and Firearms. This time they reportedly discovered a total of 30 firearms and numerous prescription drugs.
The accusations in the pending lawsuit tell a completely different story.
The suit alleges that Asher failed to pull over for Cole's patrol car because Cole was traveling “some distance” behind him without flashing lights or a siren. As a result, Asher was reportedly unaware that he was being pursued by the deputy when he arrived at his home.
Asher was then reportedly surprised to find Cole on his property “pointing a handgun at him” as the man ordered him to get on the ground.
The suit alleges that when Asher asked what Cole was doing on his property, the deputy did not answer.
After additional officers arrived on the scene, Asher was placed under arrest.
It was then, alleges the suit, that Asher's Fourth Amendment rights were violated as LCSO officials executed an illegal search on his home.
The suits reads: “While Plaintiff was handcuffed, in custody in the back-seat of a Sheriff's patrol car, Sheriff Mark McClure and at least one of the other defendants illegally broke into plaintiff's home and conducted a lengthy search of the home utilizing several deputies.”
The suit also alleges that an additional illegal search on two of Asher's vehicles was conducted as well.
Both sides agree that a warrant to search Asher's home was eventually obtained several hours after the incident.
However, the suit somewhat vaguely suggests that lies were told in order to obtain this warrant.
“This application in support of this search warrant contained information known by one or more defendants', including but not limited to Deputy Sterling Cole, Lieutenant Ryan Miller and Sheriff Mark McClure, to be false,” stated the suit.
The LCSO response denies this claim.
Asher was ultimately arrested and charged with possession of a dangerous weapon, possession of destructive devices, possession of prescription drugs not in their original container, 26 counts of obtaining or attempting to obtain regulated drugs by fraud, five counts of possessing a controlled substance, obstruction, and speeding.
However, he has yet to be indicted, as his case remains on the Grand Jury schedule.
Last week, Asher's attorney pointed to this as a positive sign for his client's case.
“This all happened over two years ago and the D.A. has not seen fit to even indict the case against him,” said Karzen.
This civil suit was filed at the U.S. District Court in Gainesville on Feb. 19. The LCSO response was filed on April 21.
The Nugget was made aware of this suit last week.
The plaintiff is now requesting a trial by jury, as well as compensatory and punitive damages.
“It's not about money,” said Karzen. “It's about the principle. It's about the value of Mr. Asher's Constitutional right under the Fourth Amendment.”
McClure declined to discuss this case in-depth last week. However, he said that such suits are only part of the job.
“Maybe lawsuits are news, but they're pretty common in law enforcement,” he said. “That's just a common thing that occurs.”
Last Friday, county-hired attorney Jason Waymire declined to comment on the case as well. However, he pointed to another suit regarding a warrant-less search as a precedent.
This particular case of Bates v. Harney and Thomas states that such a search is legal if the property owner gives his or her consent or if “there is compelling need for official action and no time to secure a warrant.”
Assuming Asher's case goes the distance, it appears that the legality of the 2006 search will ultimately lie in the hands of a federal jury.
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Reader Comments
The following are comments from the readers. In no way do they represent the view of thedahloneganugget.com.
concerned_citizen wrote on May 7, 2008 2:49 PM:
"
Good job for Mr. Asher! This sort of thing has gone on long enough under the McClure regime.
I hope Mr. Jarrard learns from this when he takes office. "
Good job for Mr. Asher! This sort of thing has gone on long enough under the McClure regime.
I hope Mr. Jarrard learns from this when he takes office. "
Funny wrote on May 7, 2008 5:14 PM:
" You know its funny that something that happened 2 years ago suddenly finds its way back in the paper at election time. No surprise by the way but funny. Elections are sometimes ugly and Mr. Jarrard is going to make sure that this particular one is. But just like anything else you people don't have the facts. The only thing that the envolved deputies and sheriff are gulity of is checking to make sure no one was in danger in the man's house. Had there been someone tied up in the mans house and they didn't check you would be raising cain about that. People are quick to make judgements when things are not in their favor but citizens of Lumpkin County, just remember McClure doesn't care who you are, he is doing what is in the best intrest of EVERYONE! Thanks for you continued efforts to keep Lumpkin County drug free and safe. I am proud to say you are my sheriff. Job well done once again! God bless you!
Oh and Mr. Wilkerson, we have no police department it is the Sheriff's department. There is a difference. If you must attack someone please get the facts straight. "
Oh and Mr. Wilkerson, we have no police department it is the Sheriff's department. There is a difference. If you must attack someone please get the facts straight. "
Linda C. Mills wrote on May 7, 2008 7:17 PM:
" Thank God! We will get a new Editor next week.
Now this guy was speeding,refusing to acknowledge that he was being chased by a sheriff's deputy, has weapons, drugs, explosive devices,26 counts of fraud to obtain drugs, runs in his house to hide. No one said his door was busted down. How did he get from hiding in the house to the back of the police car? Did he lock his door after he opened it and let the sheriff's deputies arrest him? Why is The Dahlonega Nugget trying this case in their paper? The Attorney involved should be ashamed to try to use this during a Sheriff's Election to make McClure look bad. Is it me or does this stink? "
Now this guy was speeding,refusing to acknowledge that he was being chased by a sheriff's deputy, has weapons, drugs, explosive devices,26 counts of fraud to obtain drugs, runs in his house to hide. No one said his door was busted down. How did he get from hiding in the house to the back of the police car? Did he lock his door after he opened it and let the sheriff's deputies arrest him? Why is The Dahlonega Nugget trying this case in their paper? The Attorney involved should be ashamed to try to use this during a Sheriff's Election to make McClure look bad. Is it me or does this stink? "
What a Joke wrote on May 7, 2008 7:34 PM:
" Some people side with the criminals. Forget the fact that this guy could blown something up right here in Lumpkin County. I was at the Corner Store when the chase come by at about 100 MPH. This guy can claim he didn't know Officer Cole, was chaseing him all day long. I saw the chase and he would of had to have known. By the way it is all recorded on the dash video camera. Criminals file crazy law suites all the time . They think it's a way to get the charges dropped. I say good work Sheriff's Department. "
cory wrote on May 7, 2008 7:52 PM:
" i have worked in law enforcement for 19 years with the gbi and i have never searched anyone like mcclure did. he should not only should be sued but put in his own jail. if i went into mark's house like he went into that man's house i would be placed under arrest for burglary or at least criminal trespass. but when your the sheriff of lumpkin co. you can make your own rules/ laws. mark you should have known better i just hope the good people of lumpkin co. don't have to pay to much in damages. "
agent wrote on May 7, 2008 8:02 PM:
" Well, this should not suprise any of us. If we knew 31/2 yrs. ago, we would not be in this situation. It's kinda strange that McClure left the GBI with 18 yrs. of service. You can retire w/the GBI after 20 yrs. of service. Strange, yes I agree. Why would you not finish 2 more yrs. to gain a FULL state retirement??? Could the same type of behavior be the cause of McClure being asked to leave the GBI? I would be interested in seeing those public records? I think it is time for Lumpkin Co. to have a lawful sheriff. "
voter wrote on May 7, 2008 10:52 PM:
" McClure thinks that lawsuits are 'part of the job'!? Not in a small community like ours. How many lawsuits have we taxpayers had to finance since McClure has been in office? How much has he cost us? Which investigative reporter is going to let us know? "
Truth wrote on May 7, 2008 11:34 PM:
" Cory. You don't know how the search went unless you were there. You were NOT there so how could you make a statement like that. If you really worked in law enforcement you would know better than the likes of what you just said.You would not be taking the side of the criminal.
Agent yea right. Facts are McClure is still good with the GBI. If you knew anything about it you would know that McClure had the option to keep paying into his retirement plan. To suggest he was forced to leave is just making a wild accusation without one bit of fact.
Voter You need to check the records before you post. Every sheriff every where has law suits from criminals. McClure had to take up two left over from Jimmy Berry. Berry had to take up suites from Pruitt and Pruitt took up law suits from Seaboat and so on. Also if you check the records you will find that all these law suites were thrown out by the courts like this one will be. Small towns get plenty of law suits. Iagree with Funny, Linda Mills, and What a Joke. This stinks like election year garbage
"
Agent yea right. Facts are McClure is still good with the GBI. If you knew anything about it you would know that McClure had the option to keep paying into his retirement plan. To suggest he was forced to leave is just making a wild accusation without one bit of fact.
Voter You need to check the records before you post. Every sheriff every where has law suits from criminals. McClure had to take up two left over from Jimmy Berry. Berry had to take up suites from Pruitt and Pruitt took up law suits from Seaboat and so on. Also if you check the records you will find that all these law suites were thrown out by the courts like this one will be. Small towns get plenty of law suits. Iagree with Funny, Linda Mills, and What a Joke. This stinks like election year garbage
"
Joseph wrote on May 8, 2008 12:41 AM:
" We live in a litigous society. LAW SUITS ARE PART of the job!!!!! They are the fail safe position for any opportunistic scum bag that wants a free ride. The question should not be "how much has been spent by McClure in defense of law suits", people should be screaming from the roof tops over the expense that this jail bird is going to cost our county through his actions in court.
Oh by the way there is a reason law enforcement agencies are called "PublIc Safety Departments". In the course of an initial search the US Supreme Court has ruled that Officer and Public safety trump individual rights every time. If this person is known to be envolved with explosives and he has already fled from the authorities, the courts will give LE a tremendous amount latitude when conducting an initial safety warrantless search. Anything that LE uncovers in Plain View pursuant to this search is tough luck for the Jail Bird. "
Oh by the way there is a reason law enforcement agencies are called "PublIc Safety Departments". In the course of an initial search the US Supreme Court has ruled that Officer and Public safety trump individual rights every time. If this person is known to be envolved with explosives and he has already fled from the authorities, the courts will give LE a tremendous amount latitude when conducting an initial safety warrantless search. Anything that LE uncovers in Plain View pursuant to this search is tough luck for the Jail Bird. "
K.J. wrote on May 8, 2008 6:05 AM:
" Manipulation of facts is an Untrustworthy Act from the Jarrard campaign.
The sheriff's position is an office to be held by a respectable professional.
There's nothing respectable about twisting information to your gain. It's the same as telling lies.
"
The sheriff's position is an office to be held by a respectable professional.
There's nothing respectable about twisting information to your gain. It's the same as telling lies.
"
Not so fast wrote on May 8, 2008 8:32 AM:
" To those who think The Nugget is trying this case, a word of caution. Ms. Mills, even the new editor would run this, because it's newsworthy anytime an elected official is sued. That says nothing about the merit of the suit, just what the suit alleges, plain and simple. The timing was dictated by the suit, not The Nugget. They're just doing their job. "
Jack wrote on May 8, 2008 11:03 AM:
" What is wrong with you people in this county? You wanted a Sheriff to get rid of drugs,and wrong doing now you have it and you want to smear his name and all the ones involed. I think this is just a election smear. I think the sheriff and all his guys are doing a good job. I can rember when we only had one deaupty and the town was lawless, and I feel like the crime would be higher if The other one that is running get,s it. Think people about how it used to be in the 60,s and early 70,s Do we want to go back to that? The sheriff we have now is doing his job, leave him be, if people want to bring things up from the past, I could bring up alot on the other want to be sheriff. But lets quit this slandering and let him be ! he,s doing great we have a sheriff and deprement that are doing there job. What about your kids and granchildren. DO WE WANT DRUGS AND GUNS BACK IN THE COUNTY????? People need to look at the crime rate its down. People check for your self. You want crime gone then when someone does it, the ones doing the crimes are wanting him out. This is just a election stunt. Why was it not done in 2006? too lumpkin county sheriff office.! People think of how it used to be and look at the facts of how it is now. I know they are people like me who knows the way things used to be do we want that again??? Wake up people think back.. Let them get rid of guns and drugs.. Why did Mr Asher need all the guns that was found?? Think of the kids in the county. I think things should not be put in the paper unless you print both sides at the same time. You go lumpkin county sheriffs dept. I have grand-kids who are in the school and I dont want them exposed to Guns and Drugs. "
Dom A Joseppi wrote on May 8, 2008 11:49 AM:
" What is wrong with this picture? We have our wonderful Lumpkin County citizens side with the criminal. Since when do criminals have rights. Ohhhh, I forgot since you folks said it is not there fault, we did something to make them like that. What we did was to give criminals rights. Hard Labor and Harsh Conditions I say! Glad I am not Sherriff, I treat them all like Joe Arpiao treats his criminals in Arizona. "
James Bond wrote on May 8, 2008 1:23 PM:
" Well from what I can tell from the story, none of you one this page are able to make any kind of judgment about what was done and how it was handeld. Come on people, lest be straight here, who are we to say who was right and who was wrong baised on what the paper has told us. It's not fair to either side. To the defence of Mr. Asher, I owne many guns and ammo, its not a crime, unless he is a fellon already and the paper has not told us otherwise, and its not a crime to have guns in your vehicle or your home if you follow the concealment laws. Now in defence of the S.O., I think that the deputies are amazing people and do a lot of good things, but they are also human and do make misteaks from time to time not saying they made one here again the paper gave us only one side of the over all picture. Lets let the courts decide who was right and who was wrong, it not up to us as a whole and if it were that way there would be alot more innocent people in jail today. And one more thing if you think that this is some kind of political thing you are wrong, this issue has nothing to with politcs at all. "
what a joke wrote on May 8, 2008 3:27 PM:
" James Bond , you made a good point. Alo consider my point of view. I was at the corner store used to be called "Pierces" and saw this chase go by. Mr. Asher can tell me all day he didn't know Officer Cole was chasing him. That is BULL. There is no way he could not have known. Officer Cole did brake his speed a little bit at the intersection for public safety sake, but was coming right back up on him when they went out of sight. Any place in America you run they are going to find out why you run. What if they had not checked the house and this man had been like Gary Hilton and had a victim inside? What if he had a buddy inside and had open fire out of a window and killed all of them? To say he didn't recognize a deputy in uniform. That should be a big clue here.
"
"
UGA mom wrote on May 8, 2008 3:56 PM:
" Wonderful Lumpkin County citizens will side with criminals when they start identifying with them. It appears you've some wonderful citizens who've been unfairly treated like criminals. I am not from your town but I almost sent my son to North Georgia College last year. The friend who talked me out of sending him just emailed me the link to this artice with a subject line of "Told you so". "
mtnprincess wrote on May 8, 2008 5:08 PM:
" good uga mom, glad u kept ur kid out of town, wish all these others that are migrating this way and bring all their riff raff and antics with them would stay away too...this was a quiet little town 20 yrs ago, and now look at, looks like a big building ground...leave all our trees up and ur butts home..remember this is not a communist regime...illegal searches are unconstitutional "
Bo. wrote on May 8, 2008 9:03 PM:
" Mtn princess why do you auto. assume it was illeagal when he evade that pretty did him in I'm like the other person we don't want drugs or drunks on the Hiway But as soon as some idiot takes off so drunk he can't see hits a ree and kills himself or fools around and gets arrested Then whoa they're taking it too far Get real Prob is too many bleeding hearts you do the crime cowboy up and do the time It's a big boy world "
Crazy wrote on May 8, 2008 10:21 PM:
" I am sick of all this public bickering about the sheriff dept. Sure does give our town a black eye. You all must have no idea how bad it appearsfor all this highly emotional and immature public bantering over that office. If I were a business owner considering locating to this community, just the reflection of the people posting would make me look elsewhere. "
SHAME wrote on May 9, 2008 1:53 AM:
" Again, i continue to read "its all Jarrards fault"......really stop blaming JARRARD for your problems. Did you not read all the comments. It always has a way of blaming JARRARD for McClure's problems. In the end, the citizens of Lumpkin County will make the right decision. "
NGCSU Student wrote on May 9, 2008 1:53 PM:
" Hello. I have no interest in who the sheriff is in Lumpkin County being this my last year. I wouldn't know McClure or Jarrard if I were to See them.
After reading these post and the one by "shame" I have to conclude McClure would have to be my choice if I voted here. "Shame" says "Again, i continue to read "its all Jarrards fault"......really stop blaming JARRARD for your problems. Did you not read all the comments. It always has a way of blaming JARRARD for McClure's problems. In the end, the citizens of Lumpkin County will make the right decision. " . I say Shame you must be reading something I don't see. No body but you has said anything about it being Jarrard's fault.
I will say almost 4 years ago when I came to Dahlonega, it was a drug infested rat hole. It has changed to a respectable town now. I feel safe here now.
For the post who implies that they never sent their son to NGCSU because they don't the sheriff. That is good it just left space open for another student. It's not a matter that NGCSU is short of students. In fact many good applicants are turned away ever year because not having space for them. If your son would abide by the law you would not be worrying about the sheriff. I have been here almost 4 years and have never met the sheriff, because I respect the law.
I was in a local fast food joint and two anti- McClure guys were talking to each other. one says he hates McClure, because McClure put his uncle's in jail because he was running a meth lab. The other said he hates him, because they called about somebody turning around in their drive way and pouring out a part of cup of coffee. He said an officer came out and would not call for the blood hounds to track them down. Hey the last time I had any information . Making meth was illegal and there wee no laws about pouring out coffee. I admit it would be very rude but not illegal. At least not illegal enough to get out the blood hounds over. So I say if my Uncle or other family member is low enough to make meth lock them up. If someone pours coffee out in my drive way I just feel sorry for them that they never had any up bringing and let the blood hounds rest. "
After reading these post and the one by "shame" I have to conclude McClure would have to be my choice if I voted here. "Shame" says "Again, i continue to read "its all Jarrards fault"......really stop blaming JARRARD for your problems. Did you not read all the comments. It always has a way of blaming JARRARD for McClure's problems. In the end, the citizens of Lumpkin County will make the right decision. " . I say Shame you must be reading something I don't see. No body but you has said anything about it being Jarrard's fault.
I will say almost 4 years ago when I came to Dahlonega, it was a drug infested rat hole. It has changed to a respectable town now. I feel safe here now.
For the post who implies that they never sent their son to NGCSU because they don't the sheriff. That is good it just left space open for another student. It's not a matter that NGCSU is short of students. In fact many good applicants are turned away ever year because not having space for them. If your son would abide by the law you would not be worrying about the sheriff. I have been here almost 4 years and have never met the sheriff, because I respect the law.
I was in a local fast food joint and two anti- McClure guys were talking to each other. one says he hates McClure, because McClure put his uncle's in jail because he was running a meth lab. The other said he hates him, because they called about somebody turning around in their drive way and pouring out a part of cup of coffee. He said an officer came out and would not call for the blood hounds to track them down. Hey the last time I had any information . Making meth was illegal and there wee no laws about pouring out coffee. I admit it would be very rude but not illegal. At least not illegal enough to get out the blood hounds over. So I say if my Uncle or other family member is low enough to make meth lock them up. If someone pours coffee out in my drive way I just feel sorry for them that they never had any up bringing and let the blood hounds rest. "
Vote Informed wrote on May 9, 2008 6:35 PM:
" Regardless of what you hear vote on facts not lies. Facts Lumpkin county in 2006 had an auto theft rate of 1.57 per 1,000 person while Dawson had a rate of 2.90 per 1,000 people. Lumpkin had a burgalry rate of 4.16 per 1,000 people while Dawson had a burglary rate of 5.08 per 1,000 people it's all on the GBI web site check it for your self. Check the population of both counties devide the crimes by the population to get the numbers. These are not McClure's numbers that are state and federal facts.
This is not saying that Dawson County is bad. I feel safe there. Just pointing to the extra edge our sheriff has given us and hope you will vote on facts not some criminal's gripe and election year lies. "
This is not saying that Dawson County is bad. I feel safe there. Just pointing to the extra edge our sheriff has given us and hope you will vote on facts not some criminal's gripe and election year lies. "
whatever wrote on May 10, 2008 12:45 AM:
" #1- Drugs never left the county their still there; they just hide them better now.
#2- If no one has noticed yet, McClure is normally at Wal-Mart, no matter what day or time it is.
I moved from there but even if I haden't, I would not vote for McClure, but that's just my own personal opinion. "
#2- If no one has noticed yet, McClure is normally at Wal-Mart, no matter what day or time it is.
I moved from there but even if I haden't, I would not vote for McClure, but that's just my own personal opinion. "
LMAO wrote on May 10, 2008 9:00 AM:
" Hello UGA Mom. Tis isso funnyI just checked the most e-mailed tab on the home page and this story had not been e-mailed at all as of the time I am writing this. Oh a little question only you might understand. is it M.G. or is it P.G. ? "
Truth wrote on May 10, 2008 10:58 AM:
" "whatever" that is bull. #1 They are still going to be some of you who go to other counties and sneak drugs in no mater what. How many drug bust has your man made as city Marshall??? How many underage alcohol sales to minors has he busted stores for in the city??? -0- -0- #2 I am at Wal-Mart a lot. I have never seen McClure at Wal-mart unless it was after hours or for lunch. Yea say "whatever" you think up. You know people goto Wal-Mart a lot and know that is not true. "
RED-E- chanj wrote on May 10, 2008 6:13 PM:
" how many drug busts has our current sheriff made that even made it to trial, much less led to a conviction? just a little something to think about. "
Former Assistant District Attorney wrote on May 10, 2008 11:13 PM:
" Most of these comments have nothing to do with the story printed in the nugget. But incase anyone was wondering I thought I would offer some legal insight into the story itself. First of all as mentioned in the article law suits are common in law enforcement. They are almost always pro se in nature and rarely ever reach any level of serious litigation. A federal law suite for violating ones constitutional rights however are not very common, and in fact quite rare. I don't personally recall there being one in this county, at least in the past twenty years that I have been here. A law suite of this nature has the potential to be very costly and very embarrassing to the sheriffs office, not to mention the community. The truth is if there is any merit to the suite the individuals responsible could very well face criminal charges.
Just a word about the suite alleged. It does appear to have some potential merit based on what the investigator said, if we can believe his comments. I'm referring to the "protective sweep" after the individual was arrested out side of the residence. If this is in fact true, there is going to be a real problem with anything that happened inside the residence after that point. One thing to remember is that at the point this individual was placed into custody, if the officers had probable cause to enter the residence, they could have, and should have written a search warrant at that time. Any evidence collected in the residence, absent probable cause, and used to get a search warrant at a later time, would render the search warrant invalid. All evidence of criminal activity would become invalid as well and would be referred to as "fruit of the forbidden tree". This could get very interesting, we'll have to watch and see. "
Just a word about the suite alleged. It does appear to have some potential merit based on what the investigator said, if we can believe his comments. I'm referring to the "protective sweep" after the individual was arrested out side of the residence. If this is in fact true, there is going to be a real problem with anything that happened inside the residence after that point. One thing to remember is that at the point this individual was placed into custody, if the officers had probable cause to enter the residence, they could have, and should have written a search warrant at that time. Any evidence collected in the residence, absent probable cause, and used to get a search warrant at a later time, would render the search warrant invalid. All evidence of criminal activity would become invalid as well and would be referred to as "fruit of the forbidden tree". This could get very interesting, we'll have to watch and see. "
Truth wrote on May 11, 2008 12:06 PM:
" RED-E-chanj that would be a total of 1011 total for 2005, 2006, 2007 and well over 125 so far this year. All I can find on record in the clerk of court's office that is not waiting on a court date have either made it to court or the offender has plead guilty. It's all on record that are open to the public. A month ago I was just like you believed rumors. But I checked the records and found the Truth. Maybe you could try i t some time. You will find a lot of things are not as rumored . "
Lumpkin Co. Resident wrote on May 11, 2008 1:17 PM:
" I am a retired Law Enforcement Officer. I Live and vote in Lumpkin County. I think the former ADA was on the mark in his comments that if the officers had probable cause to enter the resident a search warrant could have and should have been be obtained. This would have assured any evidence found inside the home could have been tendered into evidence during a court trial which would have strengthen the case for the Sheriff Dept. The Deputies at the scene, Capt. Jason Stover, and especially Sheriff Mark McClure should have known this and taken appropriate action. It appears someone jumped the gun. If this is the case it "will" be brought out in court. I hope who ever wins the election for sheriff, be it McClure or Jarrard, makes sure the Deputies serving the residents of Lumpkin County gets the proper training they need to assure they know what they can legally do and not do when they come in contact with anyone in the proformance of their duties, whether it is a citizen of Lumpkin County or a visitor just passing through. I am sure the people of Lumpkin County will make the right choice on election day. "
Sick of Rumor Mill wrote on May 11, 2008 6:31 PM:
" I am sick or this rumor mill. I know the Dahlonega Nugget is as one sided as it gets. Look at the paper edition. you can see proof. This election year stunt made front page head lines and the stolen guns being recovered was almost hid on the back page. Yes The Nugget left out the fact they were returned to the owner and the crooks were in jail in less than 2 hours after the report. You put this one sided crap up here so every criminal McClure has locked up can come here and claim to be this and that while anybody that will stop and think would know better. It's not been only this blog but others as well. Anything you ACLU type want to fill up on. This blog is nothing more than a rumor mill and playground for liars. I am sick of it and I can't even vote. "
cory wrote on May 11, 2008 7:26 PM:
" i have obtained a copy of the incident report from the sheriff's office and now i can say that in 19yrs i have never searched anyone like that. mark you and all the deputies out at the scene that took part of the violation of that mays rights should be put in jail. mark what were you thinking? i have spoke to the ada that wrote above and he is right. mark you have messed up bad. if you take this to trial you will end up in federal prison mark. mark i have known you a long time, i don't want to see you go to prison. this is getting out of hand. get a good lawyer. good luck mark. "
Dont Matter wrote on May 11, 2008 10:26 PM:
" This is all Crazy! I think that this is all just some good old fashioned election mud slinging. I also think that McClure and all of the Lumpkin County Deputies are just doing their jobs to keep us law abiding citizens safe from maniacs like Asher and many others. Futhermore, didn't Jarrard work for Sheriff McClure at one time? What's the circumstances behind Jarrard leaving? We can all guess here as well and say if we check the records he was asked to leave. I am not saying he was at all but we could say the same for him as well. Who is to say if Jarrard does win the election that things such as this will not happen again? Maybe he will do the same as McClure and do what he needs to do to protect the citizens of this fine County. "
Dont Believe it... wrote on May 11, 2008 11:25 PM:
" It has been accepted in court for officer's to enter without warrants if they think evidence will be distroyed or that people will be harmed.
It's True!!!
UNlike quite a bit of the other things written on this page this week.
"
It's True!!!
UNlike quite a bit of the other things written on this page this week.
"
Joe Macaluso wrote on May 12, 2008 5:46 AM:
" I see folks here are afraid to use their real names. I wonder what thay are hiding behind or afraid of? I have noticed that since the "foreigners have come to town" or their from Atlanta, they don't matter"or them "damn yankees" have settled into the area real progress has come to lumpkin county. One of the changes would be Sheriff McClure. Since he came into office, no one was above the law.
"
"
James wrote on May 12, 2008 6:25 PM:
" Enough already...How can anyone say this is a political stunt or mudslinging. Mr. Jarrard did not bring this info to the table. It is a matter of public record that the Nugget found newsworthy. And since everybody else is throwing the political gamut around, I might as well. I do believe we are honored to have a man of such integrity for our sheriff and I believe if Stacy Jarrard is elected we would still have integrity in the office of our sheriff. "
scared to use my name. wrote on May 12, 2008 9:25 PM:
" i dont want to use my name either because i know how the system works. not if but when mr jarrard takes office i truly hope that almost everyone working for the sheriff dept who has been hired in the last 4 years gets the boot. i am mainly talking about all the heads. sheriff seabolts had a more honest bunch of investigaters and deputies. no one should be able to bend the rules to suit them, not a sheriff or investigater, noone. "
wife wrote on May 12, 2008 9:46 PM:
" "scared to use my name" I am not sure to whom you are implying is not honest at Lumpkin County Sheriff's Department but I can inform you that there is VERY honest and reliable bunch of people currently employed, one of which is my husband and others; our friends. They deserve nothing better than to have a job with support and proper training. Both of which they currently receive to the highest standards. They are up to date on all equipment, thanks to Sheriff McClure, and are held accountable for all actions. I have never come in contact with a more professional law enforcement agency. I commend this department and know that McClure will ensure that these policies will remain no matter what. Drug arrests are at an all time high and the crime rate is down. Those are the facts people. McClure cares about the safety of our children and their future. The proof is in the numbers. May god have mercy on you for wishing such ill mannered thoughts on good people. "
Bill Jones wrote on May 12, 2008 10:17 PM:
" WHy dont everyone grow up this looks like middle school drama. I dont care who suports who let the votes decide. I will vote for Jrrard because it doesnt look like he is running the pole on line like the other side is. How could it go from a 70 % lead to a tie in 30 min? "
Me Again wrote on May 12, 2008 10:59 PM:
" Hey "Jack,"
Wake up and smell the coffee!
This county is full of drugs! We are way far from being drug free. Ask any middle or high school student and they will tell you that the only thing to do in this county is sex, drugs, or sports (IF you are one of the lucky few to make a team). "
Wake up and smell the coffee!
This county is full of drugs! We are way far from being drug free. Ask any middle or high school student and they will tell you that the only thing to do in this county is sex, drugs, or sports (IF you are one of the lucky few to make a team). "
Online Polls Misleading wrote on May 13, 2008 5:40 AM:
" It looks like something fishy going on in the online poll. 300 votes for McClure in ONE day.??? Somebody is hacking the site, it won't matter on July 15.
THERES A NEW SHERIFF IN TOWN!!!!!!!! "
THERES A NEW SHERIFF IN TOWN!!!!!!!! "
annoyed wrote on May 13, 2008 7:38 AM:
" anyone that can manipulate the laws the way they are and have been doing, then i dont think they would have a problem manipulating the numbers also. someone above wrote about a case being solved in 2 hrs. sounded to me like the home owner solved the case for them. maybe if we could all solve our own crimes, then our countys number of unsolved cases would go down. "
john barbard wrote on May 13, 2008 8:32 AM:
" I can't believe an online poll would make someone decide who to vote for, very scary. let's make sure we do NO research into a canidate or their record and just listen to hearsay. Check out the facts. Call the Sheriff's Office. Ask someone who really knows. "
MOM wrote on May 13, 2008 9:32 AM:
" I moved to Lumpkin in search of a safe, family-friendly environment for myself and family. Moving to a small town, you anticipate quite a bit of corruption and a good ole boy network run amuck. Through my observations and many of the friends I've acquired here, it is has turned out to be an extraordinarily safe, family friendly place thanks to Mark McClure, Parks & Rec, and many of the local churches. Lumpkin still suffers from good ole boy (and girl) network run amuck but thankfully that does not extend to our sheriiff's department anymore. Hopefully we will be on the road to less egoes, corruption and a progressive governement come July. Those of us who want a better, safer Lumpkin with the only consideration being how good of a job you are doing and without consideration for who you are related to, know, or how long you've lived here will be reinstating Mr. McClure. Way to go sheriff's department!!! "
what a joke wrote on May 13, 2008 10:39 AM:
" All you anti- McClure people need do is look at the records in the clerk of Court's office and you will find a very different story from what you are telling here. Most of you will even find your own names above the word "defendant".
When the online poll looked in your favor you would hae swore they were right. Now that they are going the other way you cry hacker and they don't mean anything. McClure or his supporters don't need to hack anything They just want a civilized race. We are not the ones stealing the other parties campaing signs, destorying the other side's campaing cards in the stores,and defacing county owned road signs with bumper stickers. "
When the online poll looked in your favor you would hae swore they were right. Now that they are going the other way you cry hacker and they don't mean anything. McClure or his supporters don't need to hack anything They just want a civilized race. We are not the ones stealing the other parties campaing signs, destorying the other side's campaing cards in the stores,and defacing county owned road signs with bumper stickers. "
Anyone got any change wrote on May 13, 2008 12:32 PM:
" Sometimes change is good and sometimes it's not, one thing is for sure change is coming, both on the national scene and here at home. You can't get so personally involved in these things that it divides us as a community. If we get a new sheriff it will be what the people want, and if that's what they want then it must be. I read these blogs occasionally and realize that most of you are personally invested one way or the other, but you don't speak for the rest of us who are not, so if we want to change things up a bit you shouldn't get upset, it is not personal to us.
I have decided, after reading the headlines over the past few years, that I will vote for a change and I don't even know the other guy, but I think it is time for a fresh approach and some new ideas. I here great things about the new candidate from people that have known him for many years, and they all seem to be consistent in that he is honest, trustworthy, and perhaps most importantly, easy to talk to. If I ever have the need to visit with the sheriff, and I hope I do not, I would like these characteristics to be present. Good luck to both of you, and what ever the out come we will be better for it. "
I have decided, after reading the headlines over the past few years, that I will vote for a change and I don't even know the other guy, but I think it is time for a fresh approach and some new ideas. I here great things about the new candidate from people that have known him for many years, and they all seem to be consistent in that he is honest, trustworthy, and perhaps most importantly, easy to talk to. If I ever have the need to visit with the sheriff, and I hope I do not, I would like these characteristics to be present. Good luck to both of you, and what ever the out come we will be better for it. "
cory wrote on May 13, 2008 3:19 PM:
" i have checked the number of drug arrest in lumpkin co. and the number is not up. mcclure is using the gbi's way of counting stats witch is if you arrest one person and charge him with 5 counts he counts that as 5 arrest this is why drug arrest are at an all time high. this method is ok to do but he is not doing it for the years of sheriff berry's term. this is another way he is giving us all false information just like in this law suit. "
Austin wrote on May 13, 2008 3:49 PM:
" Cory, you are right on! I have been reading, but not commenting and Cory is a smart guy. He does not seem to be emotional invested like the rest of the people responding and he seems to go look and research the facts. Cory, Maybe you should run for sheriff. Keep bringing the facts on and informing the people of the truth! "
James Bond wrote on May 13, 2008 5:05 PM:
" What is wrong with all you people? This story had nothing to do with politics. We all know who we are voting for and not one thing will make any of us change our minds, so why do you have to turn something non political into something political? No matter how much you might think you know the facts, there are still things we don’t know about either Person running for Sheriff. Here is a fact, drugs are a problem, sometimes crime is up sometimes crime is down, the sheriff has little to do with any of this, the sheriff gets all the credit but it is the officers who are doing all the good things. Lets give the officers the credit not the sheriff no matter who it is, I mean when was the last time the sheriff, any sheriff did any road patrolling, so lets give the officers some well earned credit.
"
"
K.J. wrote on May 14, 2008 6:58 AM:
" I would like to disagree with James Bond . A counties overall protection and patrolling does have a lot to do with who is sheriff. Without proper leadership none of the organization works. Those officer's are terrific but every team needs someone with knowledge and maturity to keep things in order. Including a sheriff's office. "
Check the records wrote on May 14, 2008 6:33 PM:
" Well well looks like people are giving each other hell hell. People here is the fair way to decide this thing. Check the records at the Elections Superintendent's Office. You know they both have to turn in who donated how much money. See what candidate has over 60% of his donations from family members of convicted drug dealers or meth lab operators and what candidate has none. "
Stuned wrote on May 14, 2008 9:49 PM:
" WHAT IF WE HAD THIS GUY IN LUMPKIN CO.?
MOORESTOWN, NJ – A South Jersey police officer, in jail after being accused of molesting three children, was charged yesterday with four counts of animal cruelty for having sex with barnyard animals, authorities said.
Patrolman Robert Melia, 38, was suspended last week by the Moorestown Police department after authorities raided his Moorestown home and seized a computer and pornographic materials.
The animal cruelty charges were filed after an examination of the seized materials, authorities said.
An investigation is continuing. Police said they were investigating four incidents involving cows.
Moorestown, NJ, Patrolman Robert Melia has been charged with having sex with cows.
Melia and Pemberton filmmaker Heather Lewis, 32, were charged April 13 with the sexual assaults of three girls at Melia’s house. The assaults occured on multiple occasions during the last five years, said a spokesman for the Burlington County Prosecutor’s office said.
Melia is being held on $510,000 bail at the Burlington County Jail in Mount Holly. Lewis, who is charged with aggravated sexual assault and criminal sexual contact, is being held on $300,000 bail at the Women’s Detention Center in Pemberton.
From www.poliecelink.com "
MOORESTOWN, NJ – A South Jersey police officer, in jail after being accused of molesting three children, was charged yesterday with four counts of animal cruelty for having sex with barnyard animals, authorities said.
Patrolman Robert Melia, 38, was suspended last week by the Moorestown Police department after authorities raided his Moorestown home and seized a computer and pornographic materials.
The animal cruelty charges were filed after an examination of the seized materials, authorities said.
An investigation is continuing. Police said they were investigating four incidents involving cows.
Moorestown, NJ, Patrolman Robert Melia has been charged with having sex with cows.
Melia and Pemberton filmmaker Heather Lewis, 32, were charged April 13 with the sexual assaults of three girls at Melia’s house. The assaults occured on multiple occasions during the last five years, said a spokesman for the Burlington County Prosecutor’s office said.
Melia is being held on $510,000 bail at the Burlington County Jail in Mount Holly. Lewis, who is charged with aggravated sexual assault and criminal sexual contact, is being held on $300,000 bail at the Women’s Detention Center in Pemberton.
From www.poliecelink.com "
disgusted citizen wrote on May 15, 2008 11:27 AM:
" law enforcemnt has to move forward to keep up with our ever changing society. The good ol boy system doesn't do it anymore. Just for the record the stats that any sheriff's office turns into the state have to be in the fromat required by the state, so I would bet that the current sheriff's stats are correct. Take it from someone who has worked at a big department and a small one. You better keep the sheriff you have if you want crime down and drug arrest up. "
scooter wrote on Jun 3, 2008 9:01 PM:
" Some facts:
#1 Mark McClure is an excellent sheriff.
#2 Stacy Jarrad would make an excellent sheriff.
#3 Want to know who is supporting whom? Drive through the "rural" areas of the county that are populated by long time locals and you see almost exclusively Jarrad signs. Drive through areas like Sky Country and other affluent areas primarily populated by "newcomers" and McClure signs are in abundance.
#4 It is obvious Stacy has spent a lot more $ than Mark as you would expect since the onus is almost always on the challenger. "
#1 Mark McClure is an excellent sheriff.
#2 Stacy Jarrad would make an excellent sheriff.
#3 Want to know who is supporting whom? Drive through the "rural" areas of the county that are populated by long time locals and you see almost exclusively Jarrad signs. Drive through areas like Sky Country and other affluent areas primarily populated by "newcomers" and McClure signs are in abundance.
#4 It is obvious Stacy has spent a lot more $ than Mark as you would expect since the onus is almost always on the challenger. "
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Brian Wilkerson wrote on May 7, 2008 2:38 PM: