A mistrial
was declared Wednesday in the trial of a Griffin man accused of participating
in a scheme to sell stolen farm equipment in Fayette County.
The mistrial
was declared by Superior Court Judge Johnnie L. Caldwell Jr. after the
jury indicated it could not reach a verdict in the case.
Kenneth James
Green was on trial for state racketeering charges as District Attorney
William McBroom alleged he took part in the operation which involved some
of the stolen tractors and other equipment being sold in north Fayette.
Several witnesses,
including two men who have pled guilty to lesser charges, identified Green
as one of the persons who would deliver the stolen equipment, which ranged
from John Deere farm tractors to "Gator" utility carts and "Bobcat"
skid loaders.
Charles Floyd,
Green's attorney, argued that the state did not prove Green was involved
in the scheme.
The stolen
equipment was taken from equipment dealers in Georgia, Alabama, Tennessee
and South Carolina. The equipment was sold in Fayette and Henry counties
for thousands of dollars off the retail price, according to detectives
from the Fayette County Sheriff's Department who investigated the case.
Two of the
state's witnesses, Larry Franklin Whitaker of Griffin and Lewis Gilbert
Shirley of Fayetteville, pled guilty in October to two counts of conspiracy
to commit theft by taking. Shirley was sentenced to five years in prison
followed by five years of probation while Whitaker was sentenced to six
years in prison followed by four years probation.
Shirley admitted
to selling some of the equipment from his Fayette business, Fayette Auto
Machines. He also admitted that he knew the equipment was stolen and that
he stored some of the equipment at Green's request at the business.
Green delivered
the stolen equipment "about 75 to 80 percent of the time," Shirley
said.
Whitaker testified
that he sold stolen equipment for Green through his former business, Midway
Collision Center in Griffin.
An Albany police
officer also testified how Green's brother, Bobby, was arrested outside
a farm equipment dealership there in what authorities believe was an attempt
to steal equipment for the ring. Bobby Leon Green and another accomplice
were found with keys that would start the equipment and a two-way radio,
the officer testified.
McBroom alleged
that Kenneth Green was driving the vehicle that would carry the equipment,
and he left the area as Green and the accomplice were arrested.
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