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Criminal charges against security guard dismissed www.privateofficer.com

Posted by privateofficernews on November 18, 2009

Cornelia GA Nov 18 2009

On Friday, charges were dropped against now-former Habersham Medical Center Security Officer Jerry Lee Hunnicutt.

Hunnicutt was charged Wednesday with false public alarm, a felony, after a suspicious package he allegedly placed in the vestibule of the new emergency department resulted in implementation of the hospital’s emergency response plan.

After being checked by a bomb detection dog from Hall County, an apple pie carton bearing a note that stated “Look inside” was determined not to be a threat.

A dismissal of warrant document filed Friday and signed by Chief Assistant District Attorney Eddie Staples states the warrant was dismissed because “the state cannot make out a case.”

Sheriff Joey Terrell isn’t happy that the charges filed by his officers were dropped, because he believes Hunnicutt’s actions created a public alarm. However, after conferring with Mountain Judicial Circuit District Attorney Brian Rickman, he said he understands that case law won’t support the charge.

“I’m frustrated, but I’m not trying to be critical,” Terrell said shortly after learning of the dismissal on Friday. “The courts changed the laws the legislators passed.”

“In today’s times, we have to take things like this seriously,” Terrell said.

“We had three fire trucks, four deputy cars, three investigators, the GBI bomb squad, an ambulance and basically the emergency room shut down,” Terrell said. “If that’s not a public alarm, I don’t know what is.”

“We did our job,” Terrell said. “If we have another one tomorrow, we’re going to handle it the same way. It caused a public alarm – if that’s not a public alarm, I don’t know what is.”

“The right thing was done,” Rickman said. “It was taken seriously and everyone’s safety was protected.”

The circumstances of the case, however, won’t allow it to proceed criminally.

“What the guy did wasn’t smart, what the guy did wasn’t advisable, but every goofy thing that somebody does is not necessarily a crime and punishable by statute,” Rickman said.

In Hunnicutt’s case, “it’s not a crime,” because no threat was made, Rickman said. “The statute and the case law is not going to allow it to proceed.”

Prior to Wednesday’s event, Hunnicutt had been employed by the hospital for 13 years.

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