[420 Girl]

Fayette County Commissioner Robert Horgan entered a no contest plea today on charges stemming from his May 23 arrest for misdemeanor possession of marijuana and driving with an expired tag.

Fayette County State Court Judge Fletcher Sams sentenced Horgan to 12 months probation ( concurrent/consecutive ), an $800 fine and 40 hours of community service. Also while on probation, Sams ordered Horgan to avoid any drug or alcohol use for which he will be tested during the probation period.

Horgan must also submit to a drug and alcohol evaluation and follow any recommended course of treatment if there is any, Sams ordered. He must also attend one session of the county's new drug court so he can witness what happens to defendants who can't stay clean of drugs or alcohol while on probation, Sams indicated.

Horgan, 45, was sentenced under a statute designed to dispose of cases involving first-time offenders. Under that statute Horgan will not face a suspension of his driver's license.

After the hearing, Horgan attorney Christy Jindra said the commissioner did not grow nor purchase the marijuana. After further explaining that Horgan didn't want to say how he acquired the marijuana, Jindra noted that the marijuana was "found" by Horgan though it was not explained where or how he found it.

Horgan was pulled over Saturday, May 23 after a sheriff's deputy noticed his white Mazda truck had a tag that expired the previous month, according to the deputy's report.

Jindra noted that Horgan complied with all the deputy's requests, consented to a search of the truck and told the officer where the marijuana was located in the vehicle.

The deputy's report also indicated that while Horgan was sitting in his patrol vehicle, Horgan asked "If there was anything that we could do to resolve this right here, right now!"

Horgan contends that what he was attempting to find out from the deputy was whether or not he would be issued a ticket or taken to jail. Horgan said at the time he was in the patrol car, handcuffed, a position in which he has never been before.

Horgan said he never told the deputies that he was a commissioner, nor did he flash a card or badge in an effort to indicate to them his position as county commissioner.

"I never tried to throw my weight around," Horgan said.

As a commissioner, Horgan does not have any direct supervisory powers over the sheriff's office but he does have a say in budgetary matters for the sheriff's office.

A bid to remove Horgan from office via a recall vote failed after Horgan appealed the matter to a Superior Court judge as allowed by Georgia law. The judge ruled that Horgan's offense, which occurred on a Saturday afternoon in his personal vehicle, was not connected to his elected office.

A three-member ethics panel determined last month that Horgan's actions violated the county's ethics ordinance and in the future the county commission is expected to issue a decision in that matter. The commission can publicly reprimand Horgan and issue up to a $1,000 fine.

Jindra indicated this morning that Horgan is considering a legal appeal of the ethics panel's decision because the arrest is not connected to Horgan's official duties.

Jindra added that while some citizens have expressed displeasure with Horgan, many have contacted him to offer their support for him.


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