Four men charged
with participating in a multi-state stolen tractor theft ring that operated
in Fayette County have been released from jail after prosecutors decided
not to retry a case against two of the men that ended in a mistrial in
April.
Three of the
men Kenneth James Green of Griffin, Lewis Gilbert Shirley of Fayetteville
and Larry Franklin Whitaker of Griffin have been sentenced to time served
in jail and placed on probation. Prosecutors dropped charges against Bobby
Leon Green of Atlanta as a condition of the plea agreement for Kenneth
Green, his brother, said Fayette County District Attorney Bill McBroom.
Bobby Green,
however, was arrested the day after his release from jail by Albany officers
on charges relating to the case, McBroom said.
Kenneth Green
was recently sentenced to nine years probation and time served after pleading
guilty to conspiracy to commit theft by taking. He also agreed to relinquish
his rights to all property that was seized from his Griffin home during
the investigation, including tools and household property with a combined
value of $7,690, according to court documents.
In April the
Green brothers were tried on state racketeering and conspiracy charges.
But a mistrial was declared after the Fayette jury couldn't agree on a
verdict.
Shirley and
Whitaker, who entered guilty pleas in the case last year, had their prison
sentences wiped clean Friday when they were resentenced to time served
and four years on probation. Shirley and Whitaker cooperated with prosecutors
and testified against the Green brothers in the first trial.
But since Kenneth
Green received no jail time after his guilty plea, it didn't make sense
for Shirley and Whitaker to serve a harsher sentence than Green, McBroom
said.
"They
kept their part of the bargain," McBroom said.
Shirley had
been sentenced to five years in prison while Whitaker was sentenced to
six years in prison.
If convicted
of the conspiracy charges, the Greens would have faced up to 20 years
in prison.
The decision
to accept Green's plea was made largely because of several uncooperative
witnesses, McBroom said. Those witnesses had tractors and other equipment
stolen from their businesses in other states and in several locations
in south Georgia, McBroom said.
"Those
witnesses were not cooperative with us at all ... because the insurance
company had already paid them for the stolen tractors," McBroom said.
McBroom also
said the case against the Greens was complex and difficult for a jury
to comprehend.







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