The Defendant was brought before the Court for a probation violation on March 22, 2023. He was sentenced to serve 5 years probation in April 2021 for (1) Aggravated Assault, (2) Battery, and (3) Cruelty to Children – 3rd degree. He was later arrested on May 14, 2022 for DUI in Walton County and another case in Athens-Clarke County for (1) Battery and (2) Cruelty to Children – 3rd Degree for an incident on July 23, 2022.
The Defendant had been in jail for 9 months waiting for the probation issue to be resolved and it was alleged the District Attorney’s Office had failed to put forth any effort to prosecute any charges against him. The District Attorney’s Office failed to have a single witness prepared to testify at the hearing. In considering the request to dismiss the probation warrant, the Court noted the following:
- The probation warrant was filed May 16, 2022.
- The probation warrant was served July 25, 2022.
- The first status hearing was August 31, 2022.
- The second status hearing was October 14, 2022.
- The third status hearing was December 14, 2022.
- A hearing notice was signed on December 14, 2022 to schedule a hearing on March 22, 2023.
The Court the discussed an e-mail that was allegedly sent to the Court suggesting that the District Attorney’s Office failed to subpoena required witnesses. The Court then went on to say the following:
It is not lost on me that — The District Attorney’s Office has gone to great pains to stress how important it is for people to be brought into court and have their matter heard at the earliest possible time and the impact incarceration has. I find it more than interesting and concerning that that is exactly the opposite of what I see that we have here. So I’ll dismiss it.
The probation warrant was dismissed for want of prosecution by the District Attorney’s Office.