By Kevin Hogencamp
Albany City Attorney Nathan Davis broke the law earlier this year when he brought a loaded gun into the Albany police station and left it in his desk drawer.
City Manager Alfred Lott says Davis is dangerous, disturbed and should be fired.
After hearing from Lott, the Albany City Commission suspended Davis for three days.
So why wasn’t Davis charged with the crime he committed.
The person who would be responsible for prosecuting Davis said it’s because the commission opted not to prosecute Davis. But he says that Davis still could be charged.
“Under Georgia law, any citizen may appear and present to a magistrate, under oath, matters that from their personal observation (or) knowledge indicate that probably cause exists to believe that a crime has been committed and that the person presented is involved,” said District Attorney Greg Edwards, responding to an Albany Journal inquiry. “The magistrate could either issue a criminal warrant immediately after hearing the testimony or could set a ‘warrant hearing’ requiring that relevant parties appear before a criminal warrant (is issued).”
And no – not a City Commission member or even former Assistant City Attorney Nathan Davis, who discovered the gun and says she anonymously reported its whereabouts out of fear for her safety – only to be have her identity revealed by city human resources department staffers.
No one has filed a complaint with the District Attorney’s Office, either, Edwards said.
“I have not been presented with any criminal complaint, citation, or warrant regarding this issue by any parties having authority to do so and the matter was not presented to a grand jury,” Edwards said. “To my understanding an administrative consequence was applied in this matter.”
Asked to provide further details regarding the circumstances under which Davis could be charged and prosecuted, and Edwards’ potential role in the matter, Edwards provided this elaboration via e-mail.
“In regard to a citizen presenting to the grand jury, there would need to be a ‘special presentment’ indictment prepared by the district attorney and offered in conjunction with the sworn testimony of the citizen to the grand jury before a criminal action would proceed. If the grand jury hears the testimony of the citizen and returns a ‘true bill’ of the special presentment, then the court would issue a bench warrant against the person indicted and the matter would carry on through the criminal process.
“It would be my opinion that City Commission and/or the Albany Police Department have jurisdiction over the Law Enforcement Center building and in this instance they have jurisdiction and standing to pursue a criminal action involving the LEC. While the building is in fact public property, it would be my opinion that an individual citizen would not have standing to bring a criminal complaint about particular infractions involving the real or physical property of the LEC per se whereas it would be my opinion that those parties noted as having jurisdiction may also have authority to permit certain conduct within or involving the real and physical property of the LEC.
“While the district attorney has authority to independently bring criminal prosecutions, I would not be inclined to do so in this particular instance because:
(1) Those parties that have jurisdiction and authority over the LEC are competent to ascertain if a crime has been committed in this instance and they have not presented the situation to me as such;
(2) As I presently understand the situation, it was not clear that there was a particular administrative policy regarding whether Mr. Davis, as the city attorney, could not have a firearm. Moreover, as far as a criminal prosecution is concerned, the law does provide exceptions to allow several categories of persons to have firearms in public buildings. It is my understanding that Mr. Davis does serve as a solicitor/prosecutor for City Court in his service as city attorney; thus in short, if criminally charged, he could arguably present that he is entitled to an exemption from criminal prosecution under applicable law; see OCGA 16-11-127, 16-11-127.1;
(3) Even if Mr. Davis was not exempt as a matter of law and could be found guilty, it is my opinion that the infraction is not a matter of “moral turpitude” as generally contemplated by law and I do not presently view the further criminal prosecution of this particular situation to be merited in terms of the use of court, grand jury, or this office’s resources, particularly in light of the administrative consequences that to my understanding have already been publicly imposed;
(4) I would expect that Mr. Davis would personally qualify for all available pre-trial diversion and intervention options available to any and everyone; even if a grand jury was interested in indicting him in light of and notwithstanding the administrative consequences that have been publicly announced, the responsibilities and requirements of those pretrial options have effectively already been met by those administrative consequences that have already been imposed.”
What good does it for anyone other than our Great Officals,to file charges against one of the Good Ole Boy system do..? Nadda.I would reall love for Albany to be the town i moved to over 30 years ago.Where the officals would listen to The People.But that is way gone.You all want us to do our part where we live.But then when we come to you,you just do as you see fit.Not by the Law.Maybe some people dont read the paper (its kinda hard,when its in such small print)About what the Grand Jury sugest.Well i took a look,and some of it was good.When you have people in jail,make them work for there stay,there food,there nice TVs.But i do have a problem with the thing about bannishing them from Albany.What good will that do?.Just send them to the next County to cause problems.If you are going to bannish them do it for the State of Georgia.Why? Because there are alot of other States that will not put up with repeat offenders.And the ankel montors,they let you keep track of the bad ones,but it does not stop the drugs,the killings,the robberys.I know our system is over crowed with repest offenders,but instead of letting them back in to our neighborhoods,give them stiffer sentances.I myself have heard a few say that they dont mind jail,they have a roof over there head,food in there mouths,and Tv.What else could they ask for at our expense.?And yes i mean repest this time.For our jail tries to keep them locked up,but t hen they get out and reafend.And we have Officals who have done worse than some of the people in jail.I was tought that there are 3 sides to a story,there side,your side,and the truth.I am one of those people that think when you go up on the stand and sware to tell the truth,the whole truth,so help you God.there should be more investagating.Yes that cost money,but is that not what we pay taxes for?Maybe i am wrong,but that is the way i was raised.I was tought you work for what you get.Alot of the problems i have seen is when people get food stamps,and sell them to pay bills or buy drugs,or cars.There should be a way to keep an eye on how much is allowed for each family.Everyone is saying cut back on sugar,cut back on this and that.but at the same time if cut back on some of these things you are putting people out of jobs.Cut back on the food stamps,and the rental help,and the light bill help.There are jobs out there,maybe not making what you would like to make,but it would cut down on some of the give away programs.I know alot of people in jail you cant trust to be out on the road doing labor.But once some find out they just cant lay around all day,maybe it would help.I know we all have rights,but sometimes it is time to take away rights.I see where people go to jail for shooting someone,and they get maybe 11 years.I do agree that you should be able to protect what is yours,and your own life.But when i read about a shooting like the one at China house,the intent there was to shoot,how do we know it was not to shoot to kill.Is that not attemped murder?That is where the Courts,and the Jurys come in.to make that judgement.Then the Judge to hand down the ruling of the sentance.Seems to me everything is wrong with our Justice System.I wish i could fix it all.But i cant.All i can do is pray that no one comes at me with a gun.To me there has been to much waist of time,and tax money spent on the little things,like tin that was given to someone to sell,and then him get arrested for it.When we have people out here ready to kill you over some aircondition wire.This world is not going to last much longer.But i think it is high time for our Officals to start doing there jobs that they get payed for.To watch how much money is going out to people,who turn around and abuse the system.Tehn have someone who really needs the help to get turned away.People are concerned about abesty,ok stop giving out so many food stamps.Or make rules of what can be bought with them.Like healthy food items.Not junk food.And while i am on the subject of food.We have alot more sickness now adays,that in the older days you did not see.Could it be becuase of all the pestacides used.They say they are safe.But then how do we really know?And the one thing that really made me mad,was the sales tax got approved.Just so our Officals can have more to give away,or steal.But The Trama tax failed.I would much rather know that if i was dieing,and needed the Trama teams,that we would have them,than to know that we are just giving money to or Officlas to pay out in lawsuits when they screw up.Or to give to there friends to open a buisness,or apartment complexes that never get finished,that we not really legal to begain with.First Fix our Legal System.Then the rest will follow.Get the crooks out of Office,and put people in who really care about making Albany a good and safe place to live.Every town has its problems,not just Albany.But as far as the Good ole Boy System,besides Washington,i think Albany wins hands down.
Because of the corruptness in Albany,and it s leaders.I am having my Birthday today,knowing that my Mothers is tomorrow,and her case has still not went back to court.I hope all of you are very happy in your jobs.One day you will not have them anymore,just like i dont have my Mom.Will you miss that money as much as i miss my Mother.?HAPPY BIRTHDAY BETTY JEAN ENGLAND,MY MOTHER,Your Daughter.You will still get your rose bush Moma.And i will keep fighting for your rights.You will have your justice one day.
Leave it to lawyers to find loopholes to get themselves or their comrades out of a jam. Just because the lawyer lingo says the gunslinger was justified doesn’t make it right. Ethics anyone?
This man is just like the rest in our leadership,if thats what you care to call it.He was wrong,and got away with it.I stood before this man in court,along with a judge,to ask them to investagte a problem i had with a County worker,that i had a police report stating that,that County worker took things from my moms house she had no buisness touching,much less taking from her home.The judge asked me,what would you like Mr. Davis to do?i said do an investagtion of what happened at my moms house when she died.The judge then asked Mr. Davis,what would you like to do Mr. Davis.His answer”Your honor,this lady wants me to investagte,and possiabley bring charges against this person,And I WILL NOT DO IT”.Your honor said” case dissmissed” against the city of Albany for not doing what they get payed to do.As well as Mr. Davis.In the first place he should not be able to tell the judge what he is not going to do.In the second place,this man is a liar,and he is a theif.He took my moms rights away as he did mine.And he will do it over and over again.And the judge in the matter had no right sidding with the City.If it was wrong it was wrong.But you have to understand,this is the good ole boy system.I did go and talk to Mr. Edwards About Mr. Davis.And that is where it ended.Mr. Edwards said nothing about Davis.And i even told Mr. Edwards,it is ok for him and the rest of our Officals to break the law,and get nothing.But you let someone wear some baggie pants and they want to call war on that.Tells you where there minds are.Money Money Money.Mr. Davis was very ugly to me,during a time when he should have atleast said hey im sorry but thats the way the ball bounces around here.I have no pity for any of them.The only one who even shows he cares about his people is John Howard.Now the Mayor,he will show up to have his picture taken,but its kinda funny that he dont go to alot of the meetings.Maybe his driver was busy.I am tired of all the corruption downtown.But i am only one person.And i will not give up.I have been waiting for almost 4 years to get my Mothers case took care of.But they all wish to drag there feet.Even Buie got a trial before my Moms.I WOULD LIKE SOME JUSTICE FOR MY MOTHER.But you all know you were wrong on my case.I have heard from people that my case was discussed at your so called meetings(closed doors)And it was said it was handled wrong.Why dont some of you get some GUTS.or maybe even a HEART.Stop draging Albany down with you.Start doing the right thing.Al,said Davis was nuts so,and davis probley said the same about Al.But they are both still on the job.It s just the jobs they want,not the ones that need to be done.My Mothers Birthday is this month,and i miss her so bad.She was always there for me,and no matter what the Lady(and i use the term loosley)that took my Moms things.My Mom did love me.And you are right along with the rest of the liars in Office.Am i mad.Hell yeah.And anyone else would be if they have been through what i have since my mom died.I hope no one else has to go through listening on the news to someone,anyone,saying there mother did not love them,and not even know you or your Mom.That hurt me wrose than the items that were taken.It was Slander.But one thing about it,i know the truth,and so does everyone else.It was just her trying to get out of hot water.Well it s getting hotter each day i have to wait for her case to go to court.Stop worring about baggie pants,it s gona be just like all the other laws you make and dont inforce.Like boom box carstheft of money from the City of Albany.I pay taxes,i vote,i try to treat people as i would like to be treated,dont matter with color,age,disabilty,rich or poor.The Law is the Law.And it is not being inforced in Albany.So untill you can make all the Officals answer to there wrong doings,what makes you think people are going to listen to youYou have to follow your own rules,after all,you made them.
So if i am right reading this,then police,and other Officals fell down on the job AGAIN,by not charging him.You can not make special laws for diffrent people..And i really think all of the Officals should have to do Drug testing.I am not saying he is on drugs,but it would be nice to know if he is going to be able to carry a gun and knife around the Gov. Buildings.And if he can get away with it,who else is?Kinda scares you in this day of times.I would also like to know why the gun and knife was there in the first place.Was he mad at someone,or did someone threaten him as they so called did the Mayor.If so,why did he not hire a body guard?