A Peachtree
City police officer accused of providing alcohol to a 19-year-old girl
while off duty at the local Chili's restaurant has been cleared of any
wrongdoing by City Attorney Rick Lindsey.
In a letter
to police Chief James Murray, Lindsey said Cpl. Terry Blackburn didn't
know the girl was under 19, partially because he had seen her consume
alcohol in other establishments in the city. There was no evidence that
Blackburn "in any way encouraged or offered Ms. [Katie] Hansen the
beer which she drank," Lindsey wrote.
"Furthermore,
the evidence shows that there was absolutely no affirmative act on the
part of Cpl. Blackburn to provide or furnish the alcohol to Ms. Hansen,"
Lindsey said in the letter. "There is no evidence that he offered
Ms. Hansen the opportunity to drink from his beer bottle nor any evidence
that he encouraged her to drink the beer."
Hansen allegedly
took a swig or two of Blackburn's beer, though she later told police that
Blackburn and fellow officer Cpl. Jay Hughes likely didn't see her drink
from the beer, said Maj. Mike DuPree of the Peachtree City Police Department.
DuPree didn't
reveal whether Blackburn has been reprimanded, citing that such information
is considered a personnel matter. He did confirm, however, that the police
department now considers the matter closed.
Blackburn has
stated he did not want to comment about the incident, DuPree said. Hughes
had previously been cleared of any wrongdoing after Fayette County Solicitor
General Steven Harris issued his opinion after studying the case file
compiled by the Police Department during its investigation.
Blackburn and
Hughes were off duty and not in uniform July 25 when a Chili's employee
called police to report that one of the officers had "provided"
Hansen with the alcohol. The Police Department conducted its investigation
and turned the entire case file over to Harris for a legal opinion.
Lindsey's findings
contrasted Harris' opinion that Blackburn "probably" violated
one or more Georgia laws regarding the furnishing of alcohol to someone
under 21 years old.
Lindsey said
in the letter that the laws Harris cited are applicable only to bartenders
and other sellers of retail alcohol not to individuals.
"The law
holds such bartenders and other sellers of retail alcohol strictly liable
for violation of the law of providing alcohol to a minor," Lindsey
wrote. "This is not the case for individuals who are not in the business
of selling alcohol."
Harris, who
also reviewed the case file resulting from the Police Department's investigation,
said no criminal charges could be filed on Blackburn since no witnesses
were willing to swear out an affidavit that Blackburn "provided"
Hansen with the alcohol.







Easy button Return it to long suffering taxpayers including those who have paid huge tabs to educate other people's kids…