Mindful of ‘unbelievable ceasefire,’ Macon judge OKs reopening of store in crime-torn area

The M&M Grocery, a convenience store that overlooks Montpelier Avenue in what is perhaps Macon’s most crime-plagued neighborhood, received a temporary OK to reopen its doors and is back in business despite recent contentions by county officials that the Unionville gas mart is a haven for nefarious activity.

A court order based on Bibb County’s claims that the store was a hub of violence and drug peddling shuttered the store in mid-September. At a hearing last month, a lawyer for the store’s owners argued that authorities had overreached in blaming the owners for problems beyond their control.

After weighing the arguments, Bibb Superior Court Judge David L. Mincey III on Oct. 28 ruled that the store could reopen at least while the case plays out — but with certain stipulations.

The judge said the store, which sits between Pansy and Poppy avenues a few blocks west of Pio Nono Avenue, could no longer open around the clock and limited its hours from 6 a.m. until 11 p.m.

Its owners, upon reopening, also were “responsible for securing the premises” and taking steps to “prevent loitering,” in part, by posting “No Loitering” signs and notices declaring that security cameras are on.

The M&M, which reopened in recent days, also now features a bold and prominently displayed admonition in blue and red letters: “If you want a Convenience Store in your Neighborhood CUT OUT THE CRIME!”

Judge Mincey, in his ruling, cited statistics presented by the county showing that crime had plummeted in the weeks after the store was ordered to close in mid-September.

Despite the apparent marked decrease in gunfire and reported crime in the area, the judge wrote, “The issue before the Court is, essentially, what is the nuisance that (the county) seeks to abate? Absent crime in the store’s area and on the premises — which is admittedly not being committed by the store’s owners or employees — this action would not have been filed. At the Court’s hearing, (the county) went so far as to concede its uncertainty that any store could operate safely at the ... location.”

Mincey further noted that the court “cannot ignore the unbelievable ceasefire which appears to have occurred” in the store’s immediate vicinity after it was closed.

“However,” the judge wrote, “the Court is not prepared to accept (the county’s) contention that the store’s operation is the only significant contributing factor to crime in the surrounding neighborhood. As such, the Court deems a store closure to be an extreme and hopefully unnecessary action at this time. Further investigation is needed before a final determination can be made in this case.”

An evidentiary hearing was set for Dec. 5.

Joe Kovac Jr.

The Telegraph

Joe Kovac Jr. writes about local news and features for The Telegraph, with an eye for human-interest stories. Joe is a Warner Robins native and graduate of Warner Robins High. He joined the Telegraph in 1991 after graduating from the University of Georgia. As a Pulliam Fellowship recipient in 1991, Joe worked for the Indianapolis News. His stories have appeared in the Washington Post, the Seattle Times and Atlanta Magazine. He has been a Livingston Award finalist and won numerous Georgia Press Association and Georgia Associated Press awards.