Georgia sheriff faces sexual battery charge after drug search of 900 students at high school
Kate Brumback
Associated Press
A Georgia sheriff who was sued by students after a drug search at a high school earlier this year now stands charged with crimes including sexual battery.
A grand jury on Tuesday indicted Worth County Sheriff Jeff Hobby in connection with a search at Worth County High School in Sylvester, about 170 miles south of Atlanta. Hobby faces two counts of false imprisonment, one count of sexual battery and a charge of violating his oath of office.
He said he is innocent of the charges.
"The sheriff's position is he's not guilty and has committed no crime," Hobby's attorney, Norman Crowe Jr. said in a phone interview.
Deputies Tyler Turner and Deidra Whiddon were also indicted in connection with the April 14 search. Turner faces one count of sexual battery and one count of violation of his oath of office. Whiddon faces one count of violation of her oath of office. It was not immediately clear whether they had lawyers who could comment on the charges.
A phone message left at the sheriff's office seeking comment was not immediately returned Thursday.
Hobby violated his oath of office by ordering his deputies to search students at the high school "without probable cause or any other legal basis and without due process" in violation of the U.S. Constitution and the Georgia Constitution, the indictment says.
The two deputies violated their oaths by performing invasive body searches, the indictment says. Tifton Judicial Circuit District Attorney Paul Bowden had presented 36 possible counts to the grand jury. Jurors ultimately passed on indicting three other deputies.
In June, the Southern Center for Human Rights filed a federal lawsuit on behalf of nine students against Hobby, Turner, Whiddon and other deputies. The lawsuit said the searches that were conducted were invasive and violated the constitutional rights of hundreds of students.
According to the lawsuit, Hobby arrived at the school with a "target list" of 13 students that he suspected of having drugs. Only three of the listed students were at school that day, and Hobby had them brought to administrative offices and searched. The lawsuit says Hobby then put the entire school on lockdown; students were confined to classrooms, hallways and the gym. Their cellphones were confiscated so they couldn't call their parents.
Approximately 900 students were searched, but no illegal drugs or drug paraphernalia were found. Sheriff's deputies conducted intrusive body searches, touching students' private parts and lifting their clothing in view of others, the lawsuit says.
Lawyers representing the sheriff and deputies in the civil case argue say their clients are entitled to official immunity and have asked a judge to dismiss the lawsuit.
Copyright © 2017, Chicago Tribune
From The Washington Post:
Georgia sheriff, deputies indicted after body searches of 900 high school students
The sound system squawked at 8 a.m., just as the school day was revving up at Worth County High School. The campus was now on lockdown, the announcement said. Neither the teachers nor students at the south Georgia school knew what was going on.
For the next four hours, 40 uniformed officers — the entire staff of the Worth County Sheriff’s Office — fanned through the school in Sylvester, ordering students against the walls of classrooms and hallways, demanding the students hand over their cellphones.
All 900 students were searched, part of a drug sweep ordered by Sheriff Jeff Hobby, according to court documents.
He did not have a warrant. He had a “target list” of 12 suspected drug users. Only three of the names were in school that day, April 14.
By noon, when cellphones were handed back and classes resumed, no drugs had been found.
The sheriff’s full-court press, however, would yield legal consequences — for Hobby and his office. In the days following the sweep, students came forward charging they had been inappropriately groped and manhandled by deputies. A class-action federal civil suit followed.
And now, this week a grand jury indicted Hobby and two deputies for their part in the high school raid. Hobby faces charges of sexual battery, false imprisonment, and violation of oath of office, according to the Atlanta Journal-Constitution.
“The sheriff’s position is that he’s not guilty,” Hobby’s attorney, Norman Crowe Jr., told the news outlet. The sheriff was at the school for the raid but personally did not touch students, the lawyer maintained. “He’s committed no crime.”
The search brought unwanted national attention on the department. As the controversy broke, Hobby gave an off-camera interview to WALB in which he said the searches were legal because school administrators were present.
In a statement released on April 18, Hobby elaborated that in “the weeks leading up to April 14, the Sheriff’s Office received information and complaints from the citizens of Worth County regarding illegal drugs at the high school. The Sheriff contacted the Superintendent of the Worth County School District and the Principal of the high school to inform them of the situation and the Principal and the Sheriff agreed on the day of the pat down.”
School officials, however, have countered the idea they were willing participants in om Hobby’s plans.
“We did not give permission but they didn’t ask for permission,” Interim Worth County Superintendent Lawrence Walters told WALB after the raid. “He just said, the sheriff, that he was going to do it after spring break.”
“I don’t think anybody in the school system had any idea that it would be of the nature of what actually happened,” Tommy Coleman, a lawyer for the school district, told The Washington Post in June. “I’ve been doing this a long time, and I’ve never heard of anybody doing that kind of thing.”
The class-action lawsuit — filed on behalf of nine unnamed students — laid out detailed allegations of groping during the school search. One student recounted that a deputy “looked down the back and front” of the student’s dress, then “slid her hands” over her pelvic area and “cupped” the student’s “vaginal area and buttocks,” according to the legal complaint.
Another male student recounted a deputy “moving his fingers back and forth” from his pockets to his groin, the lawsuit stated. The deputy’s fingertips touched the student’s “penis and testicles, over clothes, four to five times.”
A third student recounted how a deputy “reached up under” her shirt, “lifted her bra, and touched her bare breasts, including her nipples.”
In June, when the lawsuit was filed, one of the teenagers recounted his ordeal to The Post. The deputy “came up under my privates and then he grabbed my testicles twice,” the student said. “I wanted to turn around and tell him to stop touching me. I wanted it to be over and I just wanted to call my dad because I knew something wasn’t right.”
Following the outcry, Hobby acknowledged in his April statement that “one of the deputies had exceed the instructions given by the Sheriff and conducted a pat down of some students that was more intrusive than instructed.” The sheriff said “corrective action” was taken — but the office has not publicly offered further detail.
The grand jury this week indicted two deputies along with the sheriff: Tyler Turner faces one felony count of violation of oath of office and one misdemeanor count of sexual battery. Deidra Whiddon was indicted on one count of violation of oath of office.
Local prosecutors also announced this week copies of the indictment would be sent to Georgia Gov. Nathan Deal, who has the legal authority to suspend Hobby. The Journal-Constitution reported the Georgia Peace Officer Standards and Training Council has already suspended the law enforcement certifications of Hobby and his deputies.
Ga. sheriff indicted for sexual battery in high school drug search
Brad Schrade The Atlanta Journal-Constitution
5:32 p.m Wednesday, Oct. 4, 2017
A south Georgia grand jury indicted Worth County Sheriff Jeff Hobby on Tuesday for sexual battery, false imprisonment and violation of oath of office after he ordered a school-wide search of hundreds of high school students. Deputies allegedly touched girls vaginas and breasts and groped boys in their groin area during the search at the Worth County High School April 14.
Two of Hobby’s deputies were also indicted Tuesday in connection with the case.
The controversial search drew national attention because of how the body search of students was conducted under the guise of a drug search, but produced no drugs or arrests.
The Worth County indictment accuses Hobby of one count of violating his oath of office and two counts of false imprisonment — all felonies charges. He was also indicted on one count of sexual battery, a misdemeanor.
Hobby’s attorney Norman Crowe Jr. said the sheriff was at the school, but did not search students. He said jurors at trial will get to hear the sheriff’s side of the story.
“The sheriff’s position is that he’s not guilty,” Crowe said. “He’s committed no crime.”
Deputy Tyler Turner was indicted on one felony count of violation of his oath of office and one misdemeanor count of sexual battery. Deputy Deidra Whiddon was indicted for one felony count of violation of her oath of office.
District Attorney Paul Bowden said warrants had not yet been issued for the arrest of the sheriff and his deputies, but he expected that as early as Thursday. He said he is preparing a letter to Gov. Nathan Deal to outline the charges against the sheriff. Deal has authority to suspend the sheriff as he did recently with DeKalb Sheriff Jeff Mann and Walton County Sheriff Joe Chapman.
Reaction from a student’s parent and details about the indictment on myAJC.com.
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