Evidence Ignored and then eliminated

Let me first say that I have shot archery since

I was 3 years old, and I shoot archery as a sport. I understand

that when one thinks of shooting archery, you usually

think of a long bow or a compound bow...but archery

may also involve shooting a crossbow. I have plenty of

pictures of me shooting bows (some on this blog) and I

have won more trophies than would fit on the selves

in most homes. But this case involves a crossbow

and a bogus story about what I did with it.

This crossbow was not a "weapon" for me, but a hobby.

I had not hunted in over 10 years. I was saluted by

The City of Atlanta as an

Outstanding Athlete and Champion

in Archery when I was 10 years old. When I was

16 I shot in a four day field range shoot and I came

18 points from the Cub World Record. I also earned

the archery merit badge as a Boy Scout where I

was a Life Scout with 22 merit badges. I was also

a member of the Order of the Arrow in Scouting.

This is Joey, he was my stepson before I got divorced, and

we loved to shoot the crossbow...which actually belonged

to him...I got it for him as a gift. Notice how we had

flat worn out the first target!

These are pictures of my crossbow that I took for evidence in

my case. An unbalanced female named Jackie Wagner filed

a fake crime report stating nothing but fabricated information four

days after the incident. The picture at the top is of the hand

made indian arrows (artifacts not designed to be shot, especially

in a crossbow--they are 30 inces long) that

this nut case claimed I had loaded onto

my crossbow after "cocking it".
I filed a report the same day and it was never

investigated. In fact the only witnes in my case, Drew Mayo, was

never interview by investigators.

One of the crimes that was alleged was that I came

into my bedroom "with a smile on my face" and for no reason

whatsoever I picked up my crossbow and cocked it and loaded it

and then pointed it at her.

This nutcase actually claimed that I loaded a hand made Indian

arrow (top picture) onto this crossbow (that I supposedly got

from my bow rack on my wall), when, in fact, this arrow

that she discribed would not work. Yet there are 6 arrows (which

are actually called "bolts") right there on the crossbow.

A couple of weeks after the incident (and about a week after I was

falsely arrested) I notice a thick layer of dust that had accumulated

on the shaft of the crossbow. I contacted my attorney, Jeff Rusbridge,

and told him about this dust and how this dust was proof that this

croosbow had not been cocked, and if it had not been cocked it could

not have been loaded.

An expert witness, Wade Pittman, owner of W.D. Archery,

came out to my home, along with Mr. Rusbridge, and observed the state

of this crossbow. He stated that with absolute certainty he could say that

this croosbow had not been cocked in a long period of time. The fact is this

dust had accumulated on the waxed shaft for over 2 1/2 years.

About two months later Detective Preston Peavy and others

came out to my home to collect this "evidence". I attempted to point

this exculpetory evidence out to him but the crossbow was ripped from

my hands before I could get started presenting this powerful and

important exculpetory evidence.
Mr. Rusbridge contacted "Evidence Control"

and told the to preserve this evidence as it was critical to my

case and, since other evidence had been ignored, altered

or lost by the State, this evidence was now critical to prove my innocence.

My misdemeanor charge of simple assault was upgraded

to aggravated assault because tainted evidence was presented to

a Grand Jury by Mr. Peavy.

I went to trial on my charges in 2002 and

when my crossbow was brought into trial I notice it had been

cleaned off!! I pointed this out to my attorney, Jeff Rusbridge, and

this trial ended with alleged "Felony Tampering with Evidence", but

nothing was done to look into this crime by an Officer of the

State and by a member of the Cherokee County Sheriff's department

in Canton, Ga. Jeff Rusbridge became a witness in for my case.
Can you imagine the stress of being falsely arrested and then

fasley indicted for Felony Aggravated Assault based solely on

tainted evidence presented to the Grand Jury?

And then after one trial ended with Felony Tampering with Evidence

and then the dismissal of all charges, to be hit hit with yet

another false indictment?

This was just the beginning of a long nightmare for me and my

family. I fought hard for years and after several more trial

dates and no trial, my charges were finally dismissed by the State

on November 23, 2005 by Judge Harris. But I did not recieve the

Order before my talented and patriotic mother had died

under the duress of this insanity.

I continued to stand up for my rights and to battle this case in the courts

and on August 20, 2010 I was GRANTED an Order to have

my arrest ,and all fingerprints, booking photos, and

everything related to this case, expunged from the record.

The documents for expungement have been signed

off in the solicitor’s office by District Attorney Garry T. Moss and

by Karen Kelly/T.A.C. with the G.C.I.C./N.C.I.C. Services

of the Cherokee County Sheriff’s Department and

forwarded on to Georgia Information Crime Center/Expungements.

But...I'm not done yet and the battle has just begun! I hope to

have my right under the U.S. Constitution and

according to the law upheld and have my

case heard by a impartial jury of my peers.