Update: Former deputy sentenced to probation on 2009 charges
by Lydia Senn
Apr 21, 2010 | 3504 views | 10 10 comments | 14 14 recommendations | email to a friend | print
A former Gordon County Sheriff’s deputy has been convicted and sentenced to more than 20 counts of felony charges relating to a 2009 arrest.

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.

Comments
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betternow
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April 24, 2010


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 !
RecognizingBS
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April 23, 2010
I'm surprised that even this much information made the papers. As usual, it depends on who you know in this county, city, etc.; and, there are MANY levels of "justice." I'm betting he won't even "have a record" when all is said and done! After all, I'm sure Calhoun/Gordon County would be happy to have newcomers, with 22 felonies, from other areas and would be just as welcoming and forgiving as they have with this former deputy. Oh, what's that? "The law is the law, is the law?" ...NAH!
thepoint
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April 23, 2010
Um, I ain't saying I am not a sinner. But I never stole gas from the people who pay my salary 22 times. He is a crook.
terry1960
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April 23, 2010
If it were them or someone they cared about they would be complaining about it being too harsh a sentance. Gotta love small town mentality
dkblalock
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April 23, 2010
Let ye who has not sinned cast the first stone!!!
betternow
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April 23, 2010


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.
cupid301
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April 22, 2010
This just isn't right!!!! I agree with you chunkem33 if it were any ordinary citizen they would have thrown the book at them. This is a JOKE!! I guess being a former cop makes it okay to break the law and get by with it.
betternow
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April 22, 2010
So you think a 1st time offender should go to prison? Talk about a packed jail!!
chunkem33
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April 22, 2010
So basically u can have 22 felonys and a few misdemeanors and get off with 5 yrs probation for all this if u a former police officer in georgia.90-120 days in a detention center is nothing,its like cedartown detention center,which is like a day care.if this had been a regular citizen,they would had got 10-15 yrs with probably half or more of that to serve before being let out on parole or probation.this is a joke.
curious232
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April 21, 2010
90 days and 100 hours of community service for 22 felonys. Thats getting off with pretty much a slap on the wrist.
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