Scott Whitney Payne, 38, of Derby Lane, Calhoun, was terminated as a deputy sheriff in May 2009 after an investigation linked him to the theft of fuel.
According to a report first published in the Calhoun Times in May of 2009, when Sheriff Mitch Ralston first assumed office in 2009 he requested an audit and review of all operations, including fuel use.
After the review was completed a “serious discrepancy was noted concerning a particular deputy sheriff in the patrol division,” Ralston told the Calhoun Times in 2009.
The Georgia Bureau of Investigation (GBI) was contacted and an investigation was launched by Dan Sims of the GBI. The investigation began in April and spanned several weeks.
Payne was arrested by the GBI on theft charges on May 11, 2009.
According to the sheriff’s report, before Payne’s arrest he was allowed to retrieve personal belongings from the patrol car; during that time Payne attempted to destroy a cigarette box containing less than one ounce of marijuana.
Payne plead guilty to all charges, including 22 felony counts of theft by taking, and a 24th count of violation of oath of office and one misdemeanor of possession of less than one ounce of marijuana.
Payne was ordered by Judge Scott Smith to serve five years probation on all counts, concurrently.
Because he is a first offender, Payne was ordered to serve 90-120 days in a detention center, however that time was suspended upon payment of a restitution of $1,698.
His restitution was posted the day after his sentence. He was also ordered to 100 hours of community service.
Prior to his arrest and termination Payne was employed in the sheriff’s office since November 1995, serving under two previous administrations. He was certified as a peace officer in October 1997.






This county has the best sheriff it's had in YEARS. Obviously you don't read the paper and see what a great job he's doing in the fight against illegal drugs, and just so you know, once it's turned over to the court, the sheriff doesn't have anything to do with it !! It's up to the judge to set the sentence !
Sorry folks but the law is the same for ALL first time offenders and there's a lot of people that should be glad of that.