The Georgia Supreme Court has dismissed an indictment against former Glynn County Police Chief John Powell and his chief of staff Brian Scott for failing to investigate misconduct within their department due to technical errors.
Newsday reported that Powell and Scott were indicted by a grand jury in Brunswick, Georgia, accused of felony charges for violating their oaths of office by failing to investigate misconduct within their department.
The indictment specifically mentioned Powell's failure to investigate a drug task force officer's improper relationship with a convicted drug criminal and other narcotics officers accused of misconduct.
However, the state Supreme Court unanimously ruled the indictment flawed, stating it incorrectly charged the men with violating due process rights under the U.S. Constitution.
Justice Shawn Ellen LaGrua highlighted the impossibility of committing the alleged crimes as stated in the indictment. “It is legally impossible to commit the crimes in the way the State alleged in the indictment,” said LaGrua in the court's ruling.
District Attorney Joe Mulholland was assigned to the case after Glynn County prosecutors recused themselves.
The scandal led to the dismantling of Glynn County police's drug task force and prompted an unsuccessful attempt by Georgia lawmakers to abolish the county police department.
Powell's initial indictment occurred in February 2020, unrelated to the handling of Ahmaud Arbery's killing by Glynn County police.
Powell's attorney, Tom Withers, expressed gratitude, stating, “Mr. Powell and I are both grateful to see that justice has been done.” Scott's lawyer, Tracy Alan Brown, expressed similar sentiments, saying, “likewise just as pleased.”
In a significant legal development, the Georgia Supreme Court has dismissed the indictment against former Glynn County Police Chief John Powell and his chief of staff Brian Scott for failing to investigate misconduct within their department.
The court ruled the indictment flawed, highlighting the impossibility of committing the alleged crimes as stated. This dismissal follows a series of events dating back to Powell's initial indictment in February 2020, marking a crucial chapter in the legal proceedings surrounding this case.
