CLAYTON COUNTY, Ga.,None — A visiting Fayette County judge has turned down a warrant application on theft charges against Lee Scott, who is running for Clayton County Commission District 4.
The scene played out with Scott and his wife and former Clayton County District Attorney Jewel Scott in attendance. Jewel Scott is also running for the District 4 commission seat.
Channel 2's Tom Jones reported current District Attorney Tracy Graham Lawson, who succeeded Jewel Scott, and sitting District 4 Commissioner Michael Edmondson were also in court for the hearing.
Retired military officer Johnson Walthall sought the theft by conversion arrest warrant for Lee Scott after he said Scott stole $20,000 worth of studio recording equipment from him. Walthall testified he loaned the equipment to his daughter's friend who had musical talent.
Walthall said the friend then rented studio space in the Tara Center on Tara Boulevard. Lee Scott is the landlord there.
At some point Walthall said he asked the friend to return the equipment but he couldn't be found. Walthall told the judge he sent letters and even met with Scott in an effort to get his equipment. Walthall testified Scott told him his daughter's friend owed him rent and "I need to be made whole." Walthall said he took that to mean Scott wanted him to pay for the equipment.
Scott testified Walthall never showed him proof that the equipment was his and showed the court a letter where the tenant stated it was his equipment and not to let Walthall inside the studio.
Later, Scott went through the process to legally evict the man and testified that Sheriff's deputies instructed him to place the recording equipment on the curb. Scott said he did call the tenant and Walthall to alert them about the eviction and the property -whoever it belonged to- would be on the curb.
Walthall claimed to be out of the country and didn't get the message. By the time he returned Scott said he believed the tenant picked up the equipment.
Judge Charles Floyd heard the case after Clayton County Magistrate Judge Bobby Simmons said he knew both parties and recused himself.
Floyd then ruled that there was no theft by conversion because Scott never came into possession of the equipment and kept it. The judge thought Walthall should pursue civil remedies against the man he loaned the equipment to since that's who he had a signed agreement with.
According to Jones, Scott was overjoyed with the judge's decision. "You saw my opponent, Michael Edmondson, sitting in the courtroom and gloating over what was going on," he said after court. It's politics as usual. This is Clayton County," Scott said.
Walthall said he thought the decision was morally incorrect and said after court that Scott used the equipment to throw parties at the Tara Center, and had ample reason not to want to give it up so easily.
He said he can't find locate his daughter's friend but told Jones he will seek a warrant against him now that the judge denied his application.
WSBTV
