Deputies, supervisors disciplined as Macon man charged with reckless conduct in Lake Tobesofkee shooting

Bibb County deputies -- from the officers who responded to gunshots fired on fishermen at Lake Tobesofkee last month on up through several ranks of supervisors -- have been disciplined for their roles in the case’s mishandling.

“Mistakes were made by my deputies that night,” Sheriff David Davis said at a Thursday news conference. “Because of these mistakes, a criminal case was jeopardized.”

Basil Ghali, 24, turned himself in to authorities and was charged with reckless conduct with a firearm Thursday morning, the sheriff said.

“That is the most appropriate charge based on the evidence and information available to investigators,” Davis said. “If the deputies who initially responded to this incident had done what they were supposed to do, Basil Ghali might very well have been charged with aggravated assault. But they didn’t and, therefore, he wasn’t.”

Reckless conduct is a misdemeanor charge that carries a maximum punishment of a year in the county jail. Aggravated assault is a felony that carries a maximum penalty of 20 years in prison.

District Attorney David Cooke issued a statement later Thursday saying his office will “carefully review the evidence” and “determine whether more charges are warranted.”

Deputies were called to the lake March 21 when three fishermen reported that someone had fired several shots at them from a balcony on Lotus Point Drive.

The fishermen, Shelby Smith, Adriel Miles Sr. and Adriel Miles Jr., said up to 10 shots were fired at them. Although they could see a red beam from the gun, they could not describe the shooter.

Occupants of the Lotus Point Drive home would not let two deputies into the house that night and told them to return the next day, according to an incident report. No weapon was recovered when deputies followed up days later.

Davis said Thursday that Ghali’s father and brother had just returned from services at an area mosque when the shooting began. His mother was also at the house.

Ghali chose to come forward, cooperating with deputies in recent days, said Laura D. Hogue, who represents Ghali along with Athens-based lawyer Edward Tolley.

“He was really upset about how much he had upset his family and worried the community,” Hogue said.

Ghali didn’t think anyone was out on the lake, she said.

“He had no intention to hurt or scare anyone,” Hogue said. “He is very glad no one was injured.”

Ghali was released from the county jail on $650 bond about an hour after he turned himself in, according to jail records.

In 2012, Ghali was charged with terroristic threats after allegedly threatening to retrieve a gun from his car and kill people at an east Macon mixed martial arts studio, according to a sheriff’s office report. The case was later dismissed.

Davis said Ghali has admitted his culpability in the incident at the lake and handed over a .40-caliber handgun used.

A string of evidence gathered through search warrants and investigation built a circumstantial case that implicated Ghali, the sheriff said.

Davis praised investigators’ work in the case and said each one has received a letter of commendation.

Disciplinary letters for deputies involved in the initial handling of the incident, though, show:

Cpl. Eric Avery, the lowest ranking supervisor in the incident, was demoted to deputy and assigned to remedial training. Avery did not have the training or experience to be left solely in charge, and there’s no indication he tried to consult with higher-ranking deputies about the episode.

Lt. Wilton Collins was reassigned to the Court Services Division and removed from his position as commander of the sheriff’s office’s Explosive Ordnance Disposal unit. He also must complete remedial training.

Capt. Chris Patterson had been recently promoted and assigned. Despite his duties as a supervisor, Davis wrote, “I cannot fault your lack of knowledge and experience.” Patterson, like the other deputies, must complete training.

Maj. Charles Stone was transferred to the Detention Center from his post supervising Patrol District Four and must complete remedial training.

Col. Henderson Carswell and Chief of Staff David Montford were urged to complete any training that will further their knowledge of executive leadership.

The two deputies who answered the call at the lake were pulled from patrol duty and reassigned to the jail. They were ordered to take remedial training.

During Thursday’s news conference, Davis said as a sheriff he takes “ultimate responsibility for the performance” of his deputies.

“The sheriff’s office has let the community down,” he said. “I can assure everyone that we will be looking at all aspects of the sheriff’s office to determine if adjustments need to be made so that something like this will never happen again.”

To contact writer Amy Leigh Womack, call 744-4398.

This story was originally published April 23, 2015 at 10:30 AM with the headline "Deputies, supervisors disciplined as Macon man charged with reckless conduct in Lake Tobesofkee shooting ."