Pubdate: Thu, 22 Oct 2009
Source: Citizen, The (GA)
Copyright: 2009 Fayette Publishing, Inc.
Contact:  http://www.thecitizen.com/
Details: http://www.mapinc.org/media/5051
Author: John Munford
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

COMMISSIONER GETS PROBATION, FINE FOR MARIJUANA, TAG CHARGES

Commissioner Gets Probation, Fine For Marijuana, Tag
Charges

Judge orders $800 fine, forbids drug/alcohol use while on 12 months
probation Horgan attorney: he didn't purchase nor grow the marijuana

Fayette County Commissioner Robert Horgan entered a no contest plea
today on charges stemming from his May 23 arrest for misdemeanor
possession of marijuana and driving with an expired tag.

Fayette County State Court Judge Fletcher Sams sentenced Horgan to 12
months probation (concurrent/consecutive), an $800 fine and 40 hours
of community service. Also while on probation, Sams ordered Horgan to
avoid any drug or alcohol use for which he will be tested during the
probation period.

Horgan must also submit to a drug and alcohol evaluation and follow
any recommended course of treatment if there is any, Sams ordered. He
must also attend one session of the county's new drug court so he can
witness what happens to defendants who can't stay clean of drugs or
alcohol while on probation, Sams indicated.

Horgan, 45, was sentenced under a statute designed to dispose of cases
involving first-time offenders. Under that statute Horgan will not
face a suspension of his driver's license.

After the hearing, Horgan attorney Christy Jindra said the
commissioner did not grow nor purchase the marijuana. After further
explaining that Horgan didn't want to say how he acquired the
marijuana, Jindra noted that the marijuana was "found" by Horgan
though it was not explained where or how he found it.

Horgan was pulled over Saturday, May 23 after a sheriff's deputy
noticed his white Mazda truck had a tag that expired the previous
month, according to the deputy's report.

Jindra noted that Horgan complied with all the deputy's requests,
consented to a search of the truck and told the officer where the
marijuana was located in the vehicle.

The deputy's report also indicated that while Horgan was sitting in
his patrol vehicle, Horgan asked "If there was anything that we could
do to resolve this right here, right now!"

Horgan contends that what he was attempting to find out from the
deputy was whether or not he would be issued a ticket or taken to
jail. Horgan said at the time he was in the patrol car, handcuffed, a
position in which he has never been before.

Horgan said he never told the deputies that he was a commissioner, nor
did he flash a card or badge in an effort to indicate to them his
position as county commissioner.

"I never tried to throw my weight around," Horgan said.

As a commissioner, Horgan does not have any direct supervisory powers
over the sheriff's office but he does have a say in budgetary matters
for the sheriff's office.

A bid to remove Horgan from office via a recall vote failed after
Horgan appealed the matter to a Superior Court judge as allowed by
Georgia law. The judge ruled that Horgan's offense, which occurred on
a Saturday afternoon in his personal vehicle, was not connected to his
elected office.

A three-member ethics panel determined last month that Horgan's
actions violated the county's ethics ordinance and in the future the
county commission is expected to issue a decision in that matter. The
commission can publicly reprimand Horgan and issue up to a $1,000 fine.

Jindra indicated this morning that Horgan is considering a legal
appeal of the ethics panel's decision because the arrest is not
connected to Horgan's official duties.

Jindra added that while some citizens have expressed displeasure with
Horgan, many have contacted him to offer their support for him. 
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MAP posted-by: Jo-D