Commissioners Office under Investigation

After a nine month investigation by Chief Investigator Johnny Russell, District Attorney Joe Hendricks fails to get an indictment on former Gilmer Commission Chair Mark Chastain.Many questions surround last week’s decision by Gilmer County Grand Jury. They did not return a true bill on two charges the state brought against former Commissioner Chair Mark Chastain. The two charges were as follows: Count 1. Making a false statement – Count 2. Unlawful receipt of payer from profit from publics works project.

On this past Friday afternoon in the Gilmer County Courthouse FYN awaited the reading of the October Grand Jury presentments. Judge Amanda Mercier started opening envelopes and reading the presentments into the record. At approximately 4pm she read “in the case State vs. Mark Chastain, count 1- making a false statement, no bill.” After a little confusion on the second count Judge Mercier said no bill on both counts. Listen below to the Judge read the presentment on the case into record.

After Grand Jury presentations FYN spoke with D.A. Joe Hendricks concerning the Chastain case. When asked about the outcome Hendricks said, “We made a full and fair presentation.” We asked about the charge of making a false statement and what surrounded that charge. Hendricks told FYN, “proposed indictment alleged he misrepresented the cost of the civic center project to the Board of Commissioners.”

On 3-11-2010 at the Board of Commissioner meeting former Chair Chastain told both post commissioners J.C. Sanford and Will Beattie, along with the citizens in the room, that the civic center project would cost $437,000. Sanford asked if they were voting to give Chastain the green light to just do what he wanted or would he come back to the board for approvals. Chastain replied that he would keep them in the loop and most of the work would have to be bid out and that would require coming back to the board for the approval. FYN has found that the project came in around a million dollars and nothing was ever brought back to the board for approval.
Listen for yourself to the audio below to hear Chastain’s statements made to then post Commissioner Sanford & Commissioner Beattie:

After listening to the audio do you think false statement? How did the Grand Jury not find false statement? Were the two post commissioners interviewed by investigator Russell and asked if they felt a false statement was made to them by Chastain? How did D.A. Hendricks present this nine month investigation and fail to get an indictment?

Knowing this case may call for some “outside of the county” help FYN asked Hendricks if the GBI assisted in the investigation. His reply was not to his knowledge. We wonder why the GBI was not brought in on the case when they have investigated cases on a much smaller scale in the past in Gilmer County. Why no special prosecutor request? Hendricks has not been shy in the past to ask for a special prosecutor. The D.A. can ask for a special prosecutor anytime the case involves an elected official in the district the D.A. serves. When we ask Hendricks this question his reply was that he did not feel a conflict to try the case.

Maybe the case was too close to home to try. FYN has learned that three members of the grand jury had to excuse themselves because of knowledge of the case. One would wonder how anyone in Gilmer County wouldn’t have some knowledge of the case.

What did come out of this case was a civil investigation of the Commissioner’s office. The Grand Jury will be sending Commission Chairman J.C. Sanford. Commissioner Will Beattie, Commissioner Danny Hall and former Commission Chairman Mark Chastain notice of investigation of the Office of the Board of Commissioners of Gilmer County.

A nine month investigation by Chief Investigator Johnny Russell only results in a civil investigation. Why? The big question is what really happened and how was this presented to the Grand Jury?

FYN will continue to follow the case.

Below is a copy of the civil investigation and under that are some related stories.

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