PTC officer cleared of alcohol allegations

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PTC officer cleared of alcohol allegations

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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.

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