Midstate mayor, city clerk acquitted in theft case

The Alamo mayor and a former city clerk accused of stealing $50,000 from the city in 2015 were acquitted Thursday afternoon by a Wheeler County grand jury.

Debbie Fountain, the mayor charged with three counts of theft by taking, was found not guilty on all counts, her lawyer, Franklin Hogue, told The Telegraph on Friday. Gail Brown, the former city clerk, also was found not guilty.

The women were indicted in January 2016, about seven months after the GBI started its investigation into the matter at the request of Tim Vaughn, district attorney for the Oconee Judicial Circuit.

The Alamo City Council voted in December 2013 to reduce Fountain’s annual salary from $53,000 to $3,600. However, in January 2014, Fountain continued to be paid the at the non-reduced salary rate for 16 months. Her paychecks were issued by Brown.

“The state alleged (Fountain) was not entitled to receive the paychecks and she cashed them anyway,” Hogue said. “She didn’t tell Brown, ‘This isn’t correct. The council voted to reduce my pay.’ … She had no obligation to notify the city council or city attorney. ”

In court this past week, Hogue argued that the council’s vote to reduce the mayor’s pay wasn’t legal because it violated the city’s charter.

“It would be like breaking into your own house and stealing your silver,” Hogue said. “You can’t do that— it’s your silver.”

This story was originally published December 8, 2017 at 12:45 PM with the headline "Midstate mayor, city clerk acquitted in theft case."