Hung jury leads to mistrial in tractor theft case

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Hung jury leads to mistrial in tractor theft case

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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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