?PURGATORY~g(CAT!FISH)d~DIALOGUE? : Law Office of Public Defender DeKalb County - Forwarding of Assistant Solicitor-General's Email Regarding Eleven Citations

Monday, January 9, 2017

Law Office of Public Defender DeKalb County - Forwarding of Assistant Solicitor-General's Email Regarding Eleven Citations

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Subject:	Fw: James Avery Hearing
From:	Gibbs, Whitney (wgibbs@dekalbcountyga.gov)
To:	jeaverydvm87@att.net;
Date:	Monday, January 9, 2017 3:53 PM

Mr. Avery,

This is a forward of the email that Mr. Getz sent to me regarding your case, as you requested in your previous email. The citations that he is proceeding on are attached as well.

Regards,

Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296

From: Getz, Wystan
Sent: Friday, December 30, 2016 11:51 AM
To: Gibbs, Whitney
Subject: RE: James Avery Hearing

Whitney:

I’ve scanned the tickets on which the County will proceed against Mr. Avery. It should be 11 citations for excessive square footage of signage. I’ll tender the remaining tickets for NP prior to trial / plea. I’m not going to go forward with the seasonal display, the signs in the right of way, or the nudity in the signs citations. 11 tickets is more than enough.

If there’s a trial, I expect to have Ofc. Houseworth testify that he went to the house on the dates & observed the signs, measured them et c., & determined that there was signage in excess of the sq. footage regulation & tender the photos from the dates in question. I’m not going to have any of the neighborhood people testify as to signage or anything else at trial. They may want to be heard on sentence but I’ve pretty well told them that I expect, if the judge finds Mr. Avery guilty, that the sentence will be geared towards compliance. Don’t exceed the sq. footage for signage, as we’ve discussed.

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞

Wystan Getz

Sr. Supervising Ass’t. Solicitor-General

DeKalb County Solicitor-General’s Office

556 N. McDonough St., Ste. 500

Decatur, Ga. 30030-3355

404-371-4716

Attachments

AveryTickets.pdf (3.42MB)

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Subject:	Re: Trinity's Time Warp Dance - Inappropriate Signage 1840 Mason Mill Road
From:	Gibbs, Whitney (wgibbs@dekalbcountyga.gov)
To:	jeaverydvm87@att.net;
Date:	Monday, January 9, 2017 9:59 PM

Mr. Avery,

I didn't have time today to address the other concerns/questions that you raised in your email. I will address those concerns in a subsequent email this week.

Regards,

Whitney Gibbs

On Jan 8, 2017 5:25 PM, James Avery <jeaverydvm87@att.net> wrote:

Hello Mrs. Gibbs,

First I'm wanting to start off saying how it surprised me hearing you answer... one week ... to Judge McCoyd's question as to how long you needed preparing for my case. It wouldn't surprised me that Judge McCoyd purposely gave us more time based on the look I shot over at you standing beside me upon hearing you answering his question with ...one week.

Well, this coming Tuesday will have been one week. And I have yet to hear how you plan on representing me..?

Anyway, I'm understanding that the Solicitor representing DeKalb County in there case against me has sent you an email regarding their intentions prosecuting me for only eleven of twenty-nine citations issued to me by DeKalb County Code Enforcement Division. Would it be possible of you forwarding this email to me as well?

Which eleven citations are they pursuing?

How did they go about deciding which eleven citations to pursue against me?

Also, would it be possible of you (don't know why I'm making another request of you considering there have been so many already having been ignored completely) obtaining a complete copy of my file with Code Enforcement Division? Everything possible they might have regarding inappropriate signage 1840 Mason Mill Road? There's lots of stuff should be in this file I'm certain of us being able bringing up during this trial?

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