Former GCPD officers file federal lawsuit alleging conspiracy to eliminate GCPD
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By Pamela Permar- Shierling
Last week former Glynn County Police Chief John Powell and former Glynn County Police officer Brian Scott filed a federal lawsuit in U.S. District Court, Southern District of Georgia, Brunswick Division.
The civil action states:
“The claims arise from a series of baseless indictments brought against the Plaintiffs generated by prosecutors suffering from conflicts of interest for, inter alia, purported “oath of office” violations alleging violations of Brady v. Maryland, 373 U.S. 83 (1963), for the failure to conduct investigations of other police officers.
“The indictments were the culmination of a deep-seated conspiracy by high-profile law enforcement officials, prosecutors, and others to eliminate the Glynn County Police Department, which Plaintiff Powell headed, and Plaintiff Scott previously served in a command role, and to permanently transfer control over county-wide law enforcement to the Glynn County Sheriff’s Office.”
The suit was filed Monday, June 22. Defendants include:
• Neal Jump Glynn County Sheriff
• Jackie Johnson former District Attorney for the Brunswick Judicial District
• James C. Proctor, former Camden County Sheriff — now employed at the Glynn County Sheriff’s Office
• Stephen Jessup, former McIntosh County Sheriff
• Jordan Daniel Lowe, Jr., Colonel with the McIntosh County Sheriff’s Office
• Michael Lawson, former Glynn County Sheriff’s Deputy
• William V. Daras, former Chief Investigator for the Brunswick Judicial Circuit DA’s office currently employed at the Glynn County Sheriff’s Office
• Liberty A. Stewart a/k/a Liberty Gendron, former Assistant District Attorney, Brunswick Judicial Circuit
• John Dustin Simpson, Glynn County Police Department officer — currently assigned as a lieutenant overseeing internal investigations
• Elzaver “Dustin” Davis, Glynn County Police Department officer
• Joseph Mulholland, special prosecutor, South Georgia Judicial Circuit
• Banks Thomas Smith, Assistant District Attorney, South Georgia Judicial Circuit
• Mark Randall, reporter, DeSoto Times-Tribune, Mississippi
The lawsuit outlines the events leading to the 2010 death of Caroline Small who was killed by Glynn County Police Dept. (GCPD) officers Robert Cory Sasser and Todd Simpson.
The suit states that the newly appointed District Attorney Johnson did not seek criminal indictments for either officer even though interim District Attorney David Perry was preparing to present criminal indictments on Sasser and Todd to a grand jury for violations including felony murder.
The lawsuit states Johnson eventually terminated several assistant district attorneys who disagreed with her handling of the Sasser / Simpsom case.
The lawsuit continues that after Jump won the 2012 election for sheriff, he openly announced his desire to completely disband the GCPD so he could lead all Glynn County law enforcement responsibilities including drug enforcement.
Per the lawsuit after Jump became sheriff in 2013 DA Johnson testified she facilitated a 2013 Grand Jury (GJ) in obtaining witness testimony including Jump in support of consolidation of the GCPD and Glynn County Sheriff’s Dept.
A 2016 a different GJ also voted to review consolidation of the GCPD and Glynn County Sheriff’s office.
Johnson said she had never taken a position either way on consolidation.
In 2016 the GJ came back with presentments in support of consolidation being placed on the 2020 election ballot.
In 2017 the Glynn County Board of Commissioners and County Manager commissioned an independent operational and management study by the International Associations of Chiefs of Police (IACP). Shortly after that GCPD Chief Matt Doering retired.
Powell was hired in September 2017 as Interim Chief of the GCPD and Brian Scott returned to the GCPD after leaving in March 2017 due to “issues involving cronyism and special treatment, which he had encountered while working there.”
Powell was appointed chief of the GCPD in January 2018. The lawsuit states “Powell immediately began dealing with a multitude of problems within the department, issues that were steeped in a culture of corruption that predated Powell’s arrival by decades.”
In 2018 The Glynn-Brunswick Narcotics Enforcement Team GBNET) was a joint narcotics unit comprised of investigators and supervisors employed by both the Brunswick Police Department (BPD) under Chief Kevin Jones and GCPD Chief Powell.
Near the beginning of 2018, GCPD’s Captain Marissa Tindale took over command of GBNET and provided a written assessment of GBNET operations to Powell, noting she had minimal concerns about the performance of GBNET investigators.
The lawsuit states that Tindale was upset about her husband’s departure from the GCPD and the restructuring within the department (in accordance with guidance from the operational and management study by the IACP), and resigned her position as the GBNET commander at the end of 2018.
Tindale, then went to work for Johnson at the DA’s office and GCPD Captain Thomas Jump began commanding the GBNET and found substantial deficiencies in reporting and documentation.
The lawsuit states “Based on Marissa Tindale’s reported assessment to Powell upon assuming command of GBNET, Marissa Tindale intentionally misled Powell as to problems within the unit.”
In February 2018 a narcotics investigation led by GBNET involved in an on-going case where members of GBNET were continuing surveillance of a drug buy across state lines, and through Camden County, GA.
The lead GBNET case agent for the investigation which led the police chase was Brunswick Police Department (BPD) investigator Dallas Harper.
The GBNET officers waited for the car carrying the alleged drugs to enter back into Glynn County before attempting to stop it.
GBNET officers, GCPD, BPD, Glynn County Sheriff’s officers and a Georgia State Patrol (GSP) officer attempted to stop the car driven by Katelyn Jones. She fled and the GSP officer performed a PIT maneuver that led to a crash in which the passenger died several days later.
The GSP found the PIT maneuver was justified.
DA Johnson criminally charged the driver, Katelyn Jones.
At that time Camden Sheriff Proctor did not raise concerns about GBNET conducting surveillance in Camden County.
The lawsuit states since BPD Officer Harper was the lead investigator, neither the GCPD or Powell had ability to conduct an IA (internal affairs) investigation regarding the chase.
“Six months later, DA Johnson and Proctor resurrected this GBNET jurisdictional claim in order to selectively target and indict Powell, alleging Powell had refused to properly discipline the GBNET officers involved in the incident.”
“Johnson never accused BPD Chief Jones of failing to discipline GBNET’s Harper for his lead role in the Katelyn Jones incident.”
In May 2018 GCPD Cory Sasser committed domestic violence on his estranged wife Katie Sasser. His actions were captured on officer’s body cameras.
The lawsuit states “A concerted effort to protect Sasser ensued within the GCPD command staff, causing Powell, its new police chief, to open an internal and criminal investigation.”
Disciplinary action was taken and Sasser was charged and arrested for offenses under the Family Violence Act.
The lawsuit states: “Powell and Scott’s unbiased administration of equal enforcement of the law against Sasser upset a host of people in Johnson’s DA’s office, as well as Jump, several judges, court clerks, former County Commissioner Wayne Hutcheson, and the “old-guard” GCPD command staff.”
“A later GBI review of Sasser’s phone records verified that many of those same individuals were secretly aiding Sasser behind the scenes, including constant communication via phone and text messages with the district attorney and Magistrate Court staff, judges, Jump, and employees within the GCPD.’
“On May 15, 2018, Powell and Scott sought to keep Sasser in jail for a cooling-off period.
“Powell and Scott’s attempt was directly countered by Jump, who abrogated normal Glynn County court procedures, as it was not a regular day for bond hearings, and had Chief Magistrate Judge Alex Atwood meet with Sasser at the county jail after-hours to facilitate Sasser’s first appearance process/bond and his immediate release from custody.
“Alarmed at Jump’s open interference with normal bond procedures showing special treatment for Sasser, Powell was vocal with Glynn County Commissioners expressing his concerns, particularly about Sasser potentially committing other acts of domestic violence against his estranged wife, Katie.
“In compliance with Glynn County Personnel Rules and Regulations, Powell immediately placed Sasser on suspension and recommended his termination.”
Sasser ended up in a wooded area owned by Wayne Hutcheson threatening suicide. This lead to him shooting at GCPD deputies and a nine hour standoff.
“Concerned that some GCPD officers would not take appropriate action against one of their own, Powell requested the GSP render assistance.”
The lawsuit states: “Seconds later, Sasser exited his vehicle and refused GSP commands, which resulted in Sasser being tased.
“When two GCPD officers approached to assist, Sasser kicked them.
“Jump’s interference in the on-going investigation of this incident was well known by local and state officials who were on site during the standoff.
“As of May 18, 2018, not only had Sasser committed numerous felonies, including discharging his weapon at sheriff’s deputies and assaulting two GCPD officers, but his actions were an obvious bond violation in his domestic abuse case.
“After Sasser’s surrender to law enforcement, he was not arrested or placed back in custody at the county jail.
“Jump deliberately prevented Sasser’s arrest by having his GCSO deputies transport Sasser to a mental health treatment facility, so Sasser could voluntarily commit himself and avoid the loss of his law enforcement certification.
“Despite GSP documenting that it was GCSO deputies, not GCPD officers, who transported Sasser to the treatment facility, information was purposely provided to the local press to mislead the public, claiming GCPD officers protected Sasser from arrest/jail.”
When Sasser was due to be released from the mental health facility, Powell and Scott discussed with Sheriff Jump placing an ankle monitor and surrender of his 250 plus guns if / when he made bond.
Jump would not agree to help facilitate these conditions.
DA Johnson recused herself in Sasser’s court case but allowed Assistant District Attorney John B. Johnson to represent the DA’s office at Sasser’s May 2018 bond hearing.
When GCPD Officer Joseph Hyer, one of the officers Sasser had assaulted in the woods, appeared in court to testify against his bond release, he was not allowed to testify.
The lawsuit states: “With no opposition from the DA’s office, Glynn County Magistrate Judge Flay Cabiness granted Sasser bond without any GPS monitoring, stating that Sasser’s son would be responsible for Sasser’s large gun collection.”
“After Sasser’s second bond release, Powell again voiced his concerns to Jump, County Manager Alan Ours and various elected officials renewing his fear that Sasser posed a real threat to his estranged wife and the community.
“All of Powell’s warnings had been thwarted by the special treatment repeatedly afforded to Sasser by a small group of powerful Glynn Country insiders, i.e., Jump, Johnson, Altman, Atwood, and others.
“In a last-ditch effort to remedy the potential risk posed by Sasser, Powell sought federal help and contacted the Federal Bureau of Investigation and BATF for assistance, in hopes of identifying potential federal charges to get Sasser back into police custody.”
On June 28, 2018, Sasser murdered his estranged wife Katie and her friend John Hall Jr. in McIntosh County and took his own life.
The lawsuit states: “Phone records of Sasser obtained by the GBI showed that Jump, employees of the DA’s office, and Johnson herself, were aware Sasser was, in fact, in or near Glynn County.
“None of those parties made any effort to notify Powell, Scott, or the GCPD to seek their assistance in locating Sasser.
“On June 29, 2018, in an attempt to shift blame away from the DA’s office for its special treatment of Sasser and onto Powell’s GCPD, Johnson requested the GBI open an investigation to determine whether any GCPD members had assisted Sasser in violating his bond conditions.
“Shortly after the murders, with immense public scrutiny, a Glynn County Government personnel meeting was held, which included Powell, Jump, Johnson, Ours, Commissioner Mark Stambaugh, and other allies of Jump and Johnson who, oddly, were not involved in government operations.
“During that meeting, the visibly upset Johnson confronted Powell about social media posts related to GCPD Lieutenant David Haney’s girlfriend, whose Facebook posts were openly accusing Johnson and her office of providing Sasser special treatment, allowing him to commit the murders.
The lawsuit continues to document events and actions by the defendants alleging efforts to remove Powell and Scott from the Glynn County Police Department.
Judge Lisa G. Wood recused and the case was reassigned to Chief District Judge R. Stan Baker for all further proceedings on June 23.
