CLAYTON COUNTY, Ga. — Channel 2 Action News reporter Tom Jones was in court when a judge frustrated by what he calls "poorly written arrest warrant affidavits" dropped charges against six defendants.
Clayton County Magistrate Judge Bobby Simmons said officers are arresting people and not giving him sufficient information on the warrants to sustain the charges.
"Man, I was the most happiest guy in the world," Luther Kleckley, one of the men released, told Jones. Kleckley faced possession of marijuana charges. But he caught a break after the judge dropped the charges.
Simmons said the officer didn't explain in the arrest warrant affidavit what led him to believe Kleckley possessed the drugs. Simmons told Kleckley, "He just drew the conclusion that it's in your possession and wanted me to accept his conclusion and that's not his job. It's my job to take it from the facts."
Kleckley wasn't the only one set free because of incomplete warrants.
"I can't find probable cause. You are in turn released," the judge told another defendant.
The judge released six men because of faulty warrants by Clayton County police and sheriff's deputies.
Clayton County's police chief told Jones that this is the first he's heard of his officers filing incomplete warrants.
"I haven't had any contact with the judge or the court system in reference to these sort of issues," he said.
Sheriff Kem Kimbrough said he hasn't heard of any problems either. He did say he is looking forward to working with the judges to solve the problem and keep the public safe.
Meanwhile, Kleckley is happy he went before Simmons.
"I'm glad he read the affidavit with understanding or else I wouldn't be here today with my family," he said.
Chief Magistrate Judge Daphne Walker sent out a news release after hearing about the issues surrounding incomplete arrest warrant affidavits.
She pointed out that Clayton County's Magistrate Court processed and approved approximately 20,000 arrest warrant applications and warrantless arrest affidavits last year.
"Generally, Clayton County police does an exceptional job of providing sufficient information to the judges," she said. "It should be noted that the dismissal of these recent set of cases is the exception and not the rule and that it in no way suggests that there is a significant issue regarding Clayton County police officers submitting insufficient information to the court regarding warrantless arrests."
WSBTV
