After an hour and a half hearing to determine if an application from Bulloch County Commissioner Timmy Rushing for a Good Behavior Bond against Lawton Sack was warranted, Screven County Magistrate Judge Jimmy Griner denied the application.
Bulloch County Commissioner Timmy Rushing met Lawton Sack in Bulloch County Magistrate Court on Monday, March 25, 2024 for a hearing on a Good Behavior Bond application made by Commissioner Rushing.
Commissioner Rushing had applied for the Good Behavior Bond after an incident at a February 6th Bulloch County Commission meeting between he and Sack.
Bulloch County Magistrate Court Judge Karen Jones recused herself from the case. At her request, Screven County Magistrate Judge Jimmy Griner presided over the hearing.
Lawton Sack was represented at the hearing by Attorney Tom Withers, and Commissioner Timmy Rushing was represented by Attorney George Rountree.
They called Commissioner Rushing and two witnesses to the stand: Bulloch County Chairman Roy Thompson and Commissioner Toby Conner. Lawton Sack did not take the stand.
The incident
At the February 6th Comission meeting, the Commissioners voted to approve Dr. Patrick Woock to the Coastal Area Development Authority (CDDA) for a term of two years. During the meeting, Commissioner Rushing read a letter from Bryan Burke, who had held the position for 30 years. Burke wrote the letter expressing his support for Woock’s appointment to the position. In the letter, Burke said that Dr. Woock was employed by GS University. It was later determined that Dr. Woock had left his position at GS but continues to live and work in the area.
The Commission approved by a 5-1 vote the motion to Appoint Patrick Woock to the Coastal Area District Development Authority (CADDA) for a term of two years from Jan. 1, 2024 ending Dec. 31, 2025.
With the departure of long-time CADDA board member Bryan Burke, the Board of Commissioners came to the decision to fill the vacant board seat. Mr. Woock's 2 year term spans from January 1, 2024 through December 31, 2025.
Commissioner Chairman Roy Thompson called for an Executive Session at the end of the regular session of the Commission. It is compulsory for citizens and the media to clear the room as they enter into Executive Session.
Some citizens, media, and staff may approach the front of the Dias with quick questions or clarification before leaving on occasion. No one but Commissioners and staff go behind the Dias where the Commissioners are seated.
Instead of leaving for that Executive Session, Lawton Sack walked up the ramp behind the Dias and approached Commissioner Rushing.
Mr. Rushing said that Sack startled him, as citizens are not allowed behind the Dias. Citizens can approach the Dias, but never enter the area where they are seated. Mr. Sack was attempting to explain to Commissioner Rushing that Dr. Woock was no longer employed by Georgia Southern.
A heated exchange apparently ensued, where Commissioner Rushing instructed Sack to not communicate with him in any way in the future. Chair Thompson instructed Sack to leave the room and asked for deputies to clear the room.
The following day, Sack filed a simple assault incident report with the Bulloch County Sheriff's Office. In the report, he stated that he felt threatened by Commissioner Rushing during the exchange.
After learning about the incident report, Commissioner Rushing sought legal counsel, which advised him to make application with the Magistrate Court of Bulloch County for a Good Behavior Bond against Sack.
A good behavior bond is temporary and acts like a restraining order. If placed on this bond, a person must comply with specific conditions, which may include but are not limited to the following: You must not violate any criminal laws of any governmental unit or engaging in any illegal or criminal activity.
A Good Behavior Bond may be placed on a party or parties for up to 6 months; and is extendable in 60 day increments if the need is proven at subsequent hearings. The party alleging a violation of a good behavior bond must come into the Magistrate Clerks' office and fill out a complaint.
The decision
During the hearing, there was no evidence presented that Sack physically threatened Commissioner Rushing. Because of this, Judge Griner said the case and decision was simple, and he denied the application.
"I don't see any criminal contact whatsoever that would warrant a bond for Good Behavior. Mr. Sack, I think you may have made a bad decision in walking up the ramp and getting so close to him. In the future, I would advise you not to. But the deputies are there every meeting. Am I correct? If there are any problems at the meeting, that is what they are there for. I don't think a Bond for Good Behavior is warranted, and we are not going to issue one. Application denied and we are through here," said Judge Jimmy Griner.