Former Bibb deputies may avoid jail in plea agreements in corruption case
A 2013 tip about corruption in the Bibb County Sheriff’s Office culminated Friday with guilty pleas from the remaining three of four former deputies caught in a series of sting operations.
Former Sgt. Arthur Howard, 44, Jimmy Lee Denson, 45, and Decarlo C. Latimore, 38, pleaded guilty to one count of misdemeanor theft of government property before Judge Marc Treadwell in U.S. District Court in Macon.
Under plea agreements, each man admitted taking up to $1,000, would be sentenced to three years of supervised probation and must relinquish his law enforcement certification.
The three men and Jermaine Donnell Hill were arrested last year.
Denson’s attorney, Don Johstono, said there were problems with the probe from the beginning as investigators used a knowingly corrupt deputy to ensnare good officers.
“The most troubling thing for me is that I knew all of these officers before this happened,” Johstono said. “Rather than identify officers who truly were corrupt and ask Mr. Hill to help bring those people in, they allowed Mr. Hill to identify the officers and to proceed against those people he knew he could target to get himself out of trouble.”
Johstono’s client had several deaths in the family and needed money, he said.
“Hill told them that Jimmy Denson was a bad cop, that he was taking money, that he would take money from people. Nothing could be further from the truth,” Johstono said. “Jimmy Denson was a good cop and Jimmy Denson was an officer, who because of his financial problems was susceptible to being handed money, basically. And Hill knew that and took advantage of that.”
Hill, the first deputy snared in the investigation, pleaded guilty last year to theft of government money and making a false statement. As part of his plea deal, he helped the FBI with the other stings.
His phone was included in a wiretap that drew more than 18,000 calls and text messages.
A miscommunication led to agents’ monitoring all of Hill’s communications, instead of only those with the other three deputies.
Johstono also raised concerns about the government’s failure to turn over evidence that could have helped the accused in a timely manner.
“The problems with the discovery in this case are fairly legion,” he said. “The government initially gave us all the bad stuff about our clients. ... We kept pressing and kept pressing and kept pressing.”
After about six months, attorneys received all the background information on Hill and the rest of the recorded communications.
Hill’s Internal Affairs file showed he was charged with aggravated assault before becoming a deputy, which Johstono said Hill repeatedly lied about.
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While Hill was with the department, there were several allegations against him, including that he supplied marijuana to inmates. The claims could not be verified.
The FBI arrested Hill after he was caught taking $1,000 out of a vehicle as part of an undercover operation in November 2013.
While on duty, Hill was seen on camera taking cash from an abandoned car that agents had outfitted with audio and visual recording equipment.
The 10-year law enforcement veteran later omitted any reference to the money in his report. He resigned in July.
That same month, Denson, who had 13 years as a deputy, Howard, with nine years, and Latimore, five, were fired after being arrested and originally charged with attempted extortion.
Latimore and Denson, in separate incidents, allegedly drove their patrol cars to arranged meeting places where they and Hill -- working with the FBI -- robbed undercover agents posing as drug dealers.
They were accused of giving drugs to another undercover agent, posing as a drug dealer, with the understanding that they’d get a portion of the proceeds when the drugs were sold.
Howard was implicated under another ruse.
On June 9, undercover agents, posing as a pimp and two prostitutes, met Howard at a motel room.
With a recorder rolling, the agent described his need for protection from the law for his prostitution ring.
Howard agreed to help and explained law enforcement surveillance techniques.
Before leaving, Howard received $200 and acknowledged he would provide protection for additional money.
Sentencing is expected in May for the three who pleaded guilty Friday.
Treadwell reiterated that he does not have to accept the agreement for only supervised probation, but it would be a deal breaker for the plea. The men could withdraw their guilty pleas if the sentencing is different from what was agreed on.
Also, the judge repeatedly noted that the misdemeanor charge was substantially different from the original charge of attempted extortion.
U.S. Attorney Michael Moore said the government is limited by strict sentencing guidelines, and he made a sentencing calculation based on evidence.
“I think really the biggest thing is that they lose their ability to be a cop,” Moore said. “We don’t have to worry about them being in a uniform or carrying a badge or a gun anymore.”
Although misdemeanors, the charges cannot be wiped clean, as there is no first-offender status in the federal system, he said.
Hill could be sentenced up to six years, but Moore said he would make a recommendation by considering Friday’s proceedings.
“I think part of my job, too, as U.S. attorney is to make sure that people get treated fairly across the board. When I make a decision about one part of a case, I consider how that may could play in with other defendants,” he said.
As to Johstono’s claims that Hill entrapped “good cops,” Moore said he would let the men’s guilty pleas speak for themselves.
“His client stood in front of the judge and admitted that he was guilty of the offense,” he said. “To me, that says what needed to be said.”
Information from The Telegraph archives contributed to this report. To contact writer Liz Fabian, call 744-4303.
This story was originally published March 6, 2015 at 10:33 AM with the headline "Former Bibb deputies may avoid jail in plea agreements in corruption case ."