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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