FULTON COUNTY, Ga. — A Georgia state and federal attorney says a Fulton County Superior Court mistake left a man jailed for eight days after he was wrongly accused of failing to appear in court.
Larry Armstrong said the ordeal began Jan. 8, when he came to the Fulton County Superior Court for a scheduled court date.
After leaving the courthouse and heading back home to Memphis on Interstate 20, Armstrong said he was pulled over shortly after crossing from Georgia into Alabama, allegedly for not using his turn signal.
“I wouldn’t want to put this on my worst enemy,” Armstrong said.
Armstrong told Channel 2’s Eryn Rogers that, during the traffic stop, authorities were letting him off with a warning when they were notified he had an outstanding warrant for a failure to appear.
“They got a call in from dispatch saying that I had an FTA, which is failure to appear,” Armstrong said.
Armstrong was taken to an Alabama jail, where he remained for the next eight days. His attorney filed a motion on Jan. 9 to recall the warrant, stating it was issued in error and that Armstrong had not missed any court dates. The prosecutor agreed, according to the motion.
Despite that, Armstrong’s attorney said the paperwork to clear the warrant was delayed.
“It was agreed that the order to set aside the bench warrant and allow Mr. Armstrong to be released would be signed. That was Tuesday. On Wednesday, there was no order. On Thursday, there was no order,” attorney Steven Berne said.
Rogers then contacted the judge’s office Thursday afternoon.
“The order was signed and stamped at 6:40 p.m. on Thursday, about an hour and a half after you called the judge’s office,” Berne said about Rogers’ contact with the judicial assistant.
However, Armstrong remained incarcerated for another day after the order was signed.
“Why did it take an additional 28 hours from the date and time that the judge signed the order, until Mr. Armstrong was released? I’m still investigating that,” Berne said.
Berne said Armstrong’s rights were violated.
“In this situation, I was very innocent. There’s no way I should have been in incarcerated for that,” Armstrong said.
He was released late Friday night and returned to Memphis early Saturday morning. Berne said he is investigating why the warrant was issued and why it took so long to secure Armstrong’s release.
“I still am unsure why it was filed in the first place, but that could happen,” Berne said. “Somebody does know, and they should have said something.”
Armstrong said he wants to raise awareness so others do not experience the same situation.
“For the judge, to know that it was a clerical mistake, and to still let me sit in there eight more days. Seven to eight more days is just unheard of. So that was the thing that was kind of terrifying,” Armstrong said.
Armstrong owns a restaurant and lounge in Memphis and said he missed out on a week of work and took a financial hit. However, he said he was able to make it home for an important occasion.
“My dad’s birthday, we’re celebrating right now, so I’m glad I did get a chance to make that and see my kids and my family,” he said.
Berne said they are considering taking further action.
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