Post by WaTcHeR on Apr 27, 2006 13:00:36 GMT -5
04/26/2006 - A Fulton County sheriff's deputy who claims she was assaulted by District Attorney Paul Howard last month is determined to have him arrested.
But on Wednesday, the attorney for Deputy Levoular McCray had no luck finding a judge to sign an arrest warrant for Howard.
On Tuesday, Fulton County Chief Magistrate Judge Joann Bayneum dismissed the deputy's application for an arrest warrant without a hearing and instead referred the case to the Attorney General.
Levoular's attorney, Dennis Scheib, said the process should not be this complicated.
"If a deputy was to go before a judge and say this person did this to me, a judge would sign a warrant," Scheib said. "But because it's Paul Howard, the district attorney, nobody wants to touch it."
McCray was still wearing a sling on Wednesday and remains on sick leave.
She declined to comment to reporters. Her attorney said it would be a violation of sheriff's department rules if Deputy McCray talks.
Deputy McCray claims that she suffered a dislocated shoulder during a scuffle with D.A. Howard on March 31.
The alleged incident took place after Judge T. Jackson Bedford ordered the district attorney to stop questioning jurors who returned a not guilty verdict in a rape case. When Howard continued to poll the jury, the judge ordered some deputies to remove Howard from the courtroom.
Deputy McCray claims Howard resisted, striking her and dislocating her shoulder. The district attorney issued a written statement denying that he hit anyone. At least one juror and a defense attorney backed Howard's version of the events.
But an attorney for the deputy said he has medical proof of the dislocated shoulder and adds that Howard assaulted the deputy a second time in a holding room after he was escorted from the courtroom.
Earlier this month, Deputy McCray filed an application for an arrest warrant hearing, but Judge Bayneum ruled that Georgia law excludes law enforcement officers from using the warrant application process, which is designed for private citizens.
But on Wednesday, the attorney for Deputy Levoular McCray had no luck finding a judge to sign an arrest warrant for Howard.
On Tuesday, Fulton County Chief Magistrate Judge Joann Bayneum dismissed the deputy's application for an arrest warrant without a hearing and instead referred the case to the Attorney General.
Levoular's attorney, Dennis Scheib, said the process should not be this complicated.
"If a deputy was to go before a judge and say this person did this to me, a judge would sign a warrant," Scheib said. "But because it's Paul Howard, the district attorney, nobody wants to touch it."
McCray was still wearing a sling on Wednesday and remains on sick leave.
She declined to comment to reporters. Her attorney said it would be a violation of sheriff's department rules if Deputy McCray talks.
Deputy McCray claims that she suffered a dislocated shoulder during a scuffle with D.A. Howard on March 31.
The alleged incident took place after Judge T. Jackson Bedford ordered the district attorney to stop questioning jurors who returned a not guilty verdict in a rape case. When Howard continued to poll the jury, the judge ordered some deputies to remove Howard from the courtroom.
Deputy McCray claims Howard resisted, striking her and dislocating her shoulder. The district attorney issued a written statement denying that he hit anyone. At least one juror and a defense attorney backed Howard's version of the events.
But an attorney for the deputy said he has medical proof of the dislocated shoulder and adds that Howard assaulted the deputy a second time in a holding room after he was escorted from the courtroom.
Earlier this month, Deputy McCray filed an application for an arrest warrant hearing, but Judge Bayneum ruled that Georgia law excludes law enforcement officers from using the warrant application process, which is designed for private citizens.