PETITION UPDATE - Results of Avery Probation Revocation Hearing

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DeKalb County

: 

Enforce Code of Ordinances 

regarding 

signs at 1840 Mason Mill Rd

327 supporters

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PETITION UPDATE

Results of Avery Probation Revocation Hearing

Bobby Rasulnia

United States

FEB 13, 2018 — Jim Ed Avery, the property owner at 1840 Mason Mill Road, was found to have violated the terms of his probation and was remanded to the DeKalb County jail for 30 days. The violations occurred specifically on September 9, 2017 and November 1, 2017, when Code Enforcement officers found that the signage he had in his front yard exceeded the square footage allowed by the code. 

When released from jail, Mr. Avery will be subject to drug testing every two weeks and visits from his parole officer. Also, code enforcement officers will be expected to view his property on a regular basis. Should he be found to be in violation of his probation again, a warrant for his arrest can be applied for immediately. 

The Public Defenders’ Office was released from representing Mr. Avery, which means that in the future he will either have to represent himself or pay to retain outside counsel. No additional fines or mental health evaluations were added to the conditions of his parole.

Judge McCoyd stated that in his original order he had tried to establish clear parameters and consequences that were fair to both Mr. Avery and the County. However, it was clear that Mr. Avery had not taken the court proceedings seriously and that his display of excess signage signified his lack of concern about county ordinances and his defiance in complying with those ordinances. 

The Judge was not willing at this time to consider Mr. Avery in violation of his parole due to his creating a “hazardous and offensive condition in our community.” However, the Judge did seem to indicate that he might consider this argument in the future should Mr. Avery return to court. 

The neighborhood owes a debt of thanks to those residents who attended this trial. It started at 9 a.m. and went to noon, when it was recessed until 2:15, with the verdict being rendered at approximately 3:00 p.m. Several residents stayed until the bitter end. We were frustrated with the judgment, but were told by the lawyers present that a 30-day jail sentence is a very hefty sentence for what began as essentially a code violation matter, and that the penalties will increase should Mr. Avery continue to violate his parole conditions.

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Overheard 

during 

Probation Revocation Hearing

:

"As we live on a round planet,  

'neighborhood', 

is an obsolete term."

Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
:

Although not the same as saying having been 

Officially Documented 

as part of...

Public Record

IN THE MAGISTRATE COURT OF DEKALB COUNTY - NOTICE OF COURT APPEARANCE

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Subject: Contact and Boundaries

From: ggary@emory.edu (ggary@emory.edu)

To: jimedavery@att.net;

Cc: jgary@emory.edu;

Date: Saturday, November 27, 2010 1:33 PM

Hello Jim Ed,

You must know that in the future, there will be clear boundaries for making contact with Janet and me, especially Janet.  This is not to say there will be no further contacts with us, but it must be under a  number of conditions.

Janet wanted to add her word before we set the conditions together.  Here is her note to you:

Jim Ed,

I was more than a little disturbed by your visit on Wednesday.  In the spirit of neighborliness and the Thanksgiving holiday coming up, I opened our house to you, even though I felt s bit uncomfortable doing  so, especially in Bob?s absence.

We ironed out what you perceived to be a rejection on my part.

When you wanted to share the symbols that are meaningful to you, I was interested, although having a hard time ?getting it? in the way you told it to me.  No input from me seemed to even get through to you, or matter at all.

I was very disturbed when you talked of your depression, thinking about getting your gun, and when you told me you are the ?Anti-Christ? and a  ?crack-head? I began to be somewhat afraid of you and wished I had not opened my door to you.

When I told you I needed medications and even that didn?t stop your monologue, I said it again and began to leave the room.  At that point you did thank me for listening and left, saying you would leave your stuff so you could come back. You either didn?t hear me or didn?t pay attention when I said, ?No, take them with you.?

Bob and I both feel we and our space were violated, and Bob has drawn up some conditions under which we may all co-exist  as neighbors. I concur with what he has written below.  Janet

The Conditions:

1. There can be no further non-negotiated visits on your part with either or both of us.

2. We are not available to participate in your theological doctrines which you presented to Janet for more than one hour and fifteen minutes. You failed to leave our house until the second time Janet indicated she needed a break for medicines. You may not know that Janet has Parkinson's and extended stressful events activate her symptoms. Furthermore, Janet needed to take her medicines and tried to bring your theological discourse to a close, but you continued. Furthermore, you left your basket of possessions in our house in order that you would have assurance of returning to our house. That is far too presumptuous for us.

3. You do not have permission to enter our property or phone our house unless you can abide by these limits.

4. We do not listen to religious talk from anyone, let alone invite them into our home. We do not do that with you. We share our faith with people who ask questions of us and our religious convictions. You had no questions for Janet, only pressing her to agree with your doctrine.

G. Robert Gary, Sr. ThD

Subject: Re: Contact and Boundaries

From: James Avery (jimedavery@att.net)

To:         ggary@emory.edu;

Date: Saturday, November 27, 2010 4:08 PM

I'm sorry for the pain I caused you.  It was not my intention.  I do not deny having personal problems.  Was actually reaching out for some help. 

Again, I apologize for barging into your home and upsetting Janet.  I do not own a gun or plan to.

jim ed

''The physicists say that I am a mathematician, and the mathematicians say that I am a physicist,'' he said. ''I am a completely isolated man and though everybody knows me, there are very few people who really know me.''

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Subject:	RE: Upcoming meeting discussing conceptualization, contextualization, set theory as relates to ecumenism and drug addictions
From:	Josh Amerson (JoshA@glennumc.org)
To:	jeaverydvm87@att.net;
Cc:	alicer@glennumc.org;
Date:	Thursday, October 9, 2014 11:51 AM

James,

  I want to explain to you the delay in our response regarding a meeting. It has come to our attention that you are not allowed on the campus of Emory University or the grounds of Glenn Memorial United Methodist Church, in accordance with restraining orders held by Emory Police. This is why we cannot invite you here for a meeting, and we want you to be cautioned that the staff is now aware of these circumstances.

  In our conversations with Beth LaRocca-Pitts, we have also been made aware of the resources to which she directed you for assistance—particularly the Meth-Recovery meeting held at St. Mark UMC and a mental health facility. Alice and I agree, based on the brief encounters that we have had with you, that you would be best served by programs such as these. Neither of us are equipped to address the concerns you have regarding your addiction or the problems you are experiencing with certain members of this and other churches.

  I would be happy to meet with you at one of the Emory Village restaurants to pray and to listen, but that is all I am able to offer you at this time. Again, to avoid a possibly damaging altercation, let me caution you that the staff here is aware of the restraining orders against you by Emory and Glenn Memorial and will have to call Emory Police should you come on campus again.

  God’s peace,

     josh

Subject:	Re: Up coming meeting discussing conceptualization, contextualization, set theory as relates to ecumenism and drug addictions
From:	James Avery (jeaverydvm87@att.net)
To:	JoshA@glennumc.org;
Date:	Thursday, October 9, 2014 7:11 PM

Hello Josh,

 

I was not aware that I was not allowed on the campus of Emory University or Glenn Memorial United Methodist Church.  The only restraining order I'm aware of had a one year limitation.  This all sounds pretty much the same perniciousness and prevarications. 

 

And what happened to "no matter  who you are or what  you have done or left undone you will be welcomed at Glenn.  No matter where you are on your faith road journey you are welcomed at Glenn." 

 

Really....I'm I going to have to get a lawyer?  Is this what it's coming too?

 

Answer one question for me Josh,  did my mother fail me by taking me to that Methodist Church in Prescott, Arkansas as a child which I continued to be a part of until 18 years of age.   You certainly are failing her.  And this being a church on the campus of a liberal arts and science university.  Can't even arraign for a fair hearing/clearing of the facts.

 

James Wagner said it himself, "sign of true intelligence is ability holding two conflicting thoughts at the same time and still being able to function." 

 

You have failed.

 

I've already told you my opinion on John 3:16 ... "Christianity In a Nutshell".....being nothing more than a cognitive dissonance/dissonance reduction chart; nothing more, nothing less.  That make you pretty much a dope dealer yourself...you are not innocent...."Pretty Boy Sunday."

 

"The higher up we go; the more difficult the tests becomes."

 

There is no such thing as hate being the short end of the same stick it much share with love.  You guys have turned "love' into an obscene word.

 

"I like your Christ.  I do not like  your Christians.  Your Christians are so unlike your Christ."

~Gandhi

 

You really do need to get off that stool and  read more books.

 

Sincerely yours,

 

James E. Avery, DVM

 

***

On Jul 11, 2014, at 3:10 AM, 

"James Avery" 

wrote:

Dear Sister Beth, 

Needing to verify that you have received an email from me requesting a meeting with you and two others from your church.   Needing to know whether or not this can be arraigned; or what it is you need from me in order for this to happen?   Again, I'm currently not working, therefore  my schedule is completely flexible. Waiting to hear from you.

Any and as much information able providing to me in a timely manner, both positive and negative, will go a long way in helping me decide what would best be able helping me with the meths addiction if having to consider other alternatives.  Requesting help from St. Mark was automatically ruled out in the beginning, because I was wanting to witness how adult Methodist discussed politics, religion, and the raising of their children.   

The Story of Hagar and Ishmael: Good Advise? Are Just Another Miracle Baby Tebow?

As my meths addiction is now back to being a daily habit again, ended up following the advice suggested by the first of the two Sunday services attended at St. Mark; the one where Hagar and Ishmael are sent away...and almost dying in the desert.  

DeKalb Crisis Center: Three Year Anniversary

Had I a crystal ball and knew what I now know,  would have done this a long time ago.  All along, these trips of theirs from Arkansas to visit me here in Atlanta were about them instead of me.  Three valuable years wasted on them for them to have heard nothing; even more years taken away from the end of mine.  And now finding myself in an even deeper hole needing to crawl out of.  

All we have to do, is work on a way introducing me to your congregation up front as to who and what I'm am.  Then they come to me with invitations joining them in their discussions/activities.  This way the shock value, will be lessened, but not eliminated.  From this point, I will work with you on figuring out ways getting other Churches sharing this burden with you.  

Think of it as a form of reverse enumeration of our sets into one.  As there are already too many sets within the Christian sect alone,  I will be in my own set, all by my lonesome, as an Simply Jim: TRULY BLUE BLEEDING HEART LIBERAL; giving us only two sets starting with.  Everyone else will be in a set labeled only as "PALE BLUE DOT";  living the shell part of an oyster potentially having a pearl but for now... 

 just an irritating piece of grit.  

As this Methodist Church is TGO,  really don't see the need worrying too much;  as it should already be used to drama.  Rev. Noblitt certainly has no excuse being  easily ruffled by my act as he's even a counselor in addition to theater;  unless...maybe feeling threatened by....what he see as...competition?  Just think Marilyn Monroe's Method Acting. 

Anyway, ultimate goal hoping for, at least discussing at some point, is moving me into Glenn Memorial.  Even asking advise about a Methodist Tribunal or some form of reconciliation with the help of Emory University.  The scars are just too deep for this to simply go away by the use shunning; and made worse with each perniciousness and prevarication. 

"Wit should be more like the nibble of a sheep than the bite of a dog; for if it's like the bite of a dog it's no longer witty but insulting instead." 

Sincerely Yours, 

James E. Avery, DVM

(404) 788-9263

Saint Mark

UNITED METHODIST CHURCH

781 Peachtree Street, NE

Atlanta, Georgia 30308-1205

404.873.2636

facsimile: 404.873.2639

office@stmarkumc.org

WWW.stmarkumc .org

July 1,2015

To James Avery,

Acting on behalf of the congregation as represented by Administrative Council of Saint Mark United Methodist Church, we, the Board of Trustees, hereby notify James Avery that his presence on the property of Saint Mark United Methodist Church, 781 Peachtree Street NE, Atlanta Georgia 30308;  bounded by Peachtree Street, Fifth Street, and Juniper Street, shall constitute a criminal trespass from the time of the delivery of this notice forward.

E.C. LaRocca-Pitts

Senior Pastor, representing the Board of Trustees

Loving

Accepting

Serving

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News From The Mason Mill Civic Association - Update on Code Violation Trial Friday, January 20th, 2017 5:23

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Subject:	Update on Code Violation Trial
From:	Mason Mill Civic Association (civicassn@masonmill.org)
To:	JEAveryDVM87@att.net;
Date:	Friday, January 20, 2017 5:23 PM

** News From The Mason Mill Civic Association
------------------------------------------------------------
The judge found the property owner at 1840 Mason Mill guilty on 10 code violations.

He sentenced the property owner to one week in the County jail, starting immediately.

Upon returning to his property the owner is on probation for 60 months.  As a special condition of his probation, he is not to violate the code ordinance dealing with signage in any way (including content).  If he does, he will be put in jail again,  and each time he is returned to jail, the amount of time will be increased, so that after spending 4 months in jail, the property owner will have to serve the remainder of the 60 months in jail.  He also assessed a $10,000 fine to be paid over 60 months.  This fine will be suspended $1,000 for every 6 month period the owner remains in compliance.  (This is based on notes taken at the trial. We hope to obtain a written order from the Court soon.)

We have included below the neighborhood statement presented during the sentencing phase of the trial.  Many thanks to the 20+ residents who showed up in the courtroom.  We appreciate your support.

Testimony:
I believe the solicitor has provided you with Victim Impact Statements from the neighborhood civic association and property owners near Mr. Avery.

As you consider sentencing Mr. Avery, I hope you will review those statements and consider that our neighborhood has endured his signage and disrespectful behavior for the past six years. Through his signage, behaviors, emails and blogs he has shown us contempt, vilified our leaders and threatened our neighborhood.  We do not come before you in a capricious or light-hearted manner, but with a heavy heart. We can no longer deal with our neighbor by ourselves.  We need your help.  And so does he.

Since this is a code violation trial, our view is this:
When people choose to become property owners in DeKalb County, they inherently assume the responsibility of living within the rules and regulations of the county, as expressed in the DeKalb Code of Ordinances.

This code sets forth just the minimum standards that we as property owners are expected to follow for property use and health and safety issues, and the minimum standards that we expect our neighbors to follow.  Even if, as in the case of Mr. Avery, we become angry at county government, community institutions such as churches and academic institutions, or our neighbors, we are expected to adhere to these ordinances and conduct our behavior accordingly.

For the past six years, Mr. Avery has violated the code continuously, to the detriment of our neighborhood.  His signage and behaviors have had a negative impact on our residents’ property values and our emotional health, as described in the impact statements.  Moreover, he has flaunted his complete disregard for our neighborhood and the justice system of this county by continually mounting an excessive number of signs and inflatables on a daily basis, in spite of receiving numerous citations.

His blog and emails suggest that he finds all of this humorous and that he is “playing” a game with us.  Well, we do not view his sadistic and antagonistic behavior as a game; nor do we find it humorous.
We ask that the Court sentence Mr. Avery in such a manner that will ensure his adherence to the code and protect our neighborhood.  We also ask for a sentence that will guarantee his facing more serious consequences if he continues to violate the code and threaten our residents.

============================================================
Copyright © 2017 Mason Mill Civic Association, All rights reserved.
You are receiving this email because you are a past or present resident of our neighborhood, or you have expressed interest in getting news about our neighborhood.

Our mailing address is:
Mason Mill Civic Association
1718 Mason Mill Road
Atlanta, GA 30329
USA

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COURT ORDER FOR MENTAL EVALUATION...

IN THE MAGISTRATE COURT OF DEKALB COUNTY

STATE OF GEORGIA

DEKALB COUNTY

vs.

JAMES E. AVERY,

DEFENDANT.

CASE NO. 

026179-026181,

026695-026696,

027587-027589

027591-027594,

026200,028257,

028302-028304,

028309-028311

ORDER FOR MENTAL EVALUATION REGARDING:

COMPETENCY TO STAND TRIAL

        WHEREAS, the mental competency of the above defendant has been called into question and evidence presented in the matter, and this Court has found that it is appropriate for an evaluation to be conducted at public expense:

        It is hereby ordered that the Department of Human Resources (or the Forensic Psychiatry Services) conduct an evaluation of said Defendant, provide treatment of the defendant, if appropriate, and provide this court a report of the diagnosis, prognosis and its findings with respect to:

        Competency to Stand Trial: Whether the accused is capable of understanding the nature and object of the proceedings against him; and whether the accused is capable of assisting counsel in his own defense. In determining the ability to assist counsel, the Department of Human Resources is to consider and report on the following factors as put forth by the Georgia Supreme Court in Sims v. State, 2005 WL 1320318 (June 6, 2005):

1. Can the defendant recall and relate facts pertaining to his actions and whereabouts at certain     times;

2. Is he able to assist counsel in locating and examining relevant witnesses;

3. Is he able to maintain a consistent defense; 

4. Is he able to listen to the testimony of witnesses and inform his lawyer of any distortions or         misstatements; 

5. Does he have the ability to make simple decisions in response to well-explained alternatives;

6. If necessary to defense strategy, is he capable of testifying in his own defense; 

7. To what extent, if any, is his mental condition apt to deteriorate under stress of trial.

        IT IS FURTHER ORDERED that the examining facility/personnel shall have access to all past medical records and mental health records of defendant. The examining facility/personnel shall have access to any other pertinent collateral data, including but not limited to collateral interviews with family members.

So ordered this 15th day of November, 2016.

-----rn~.!:- V

The Honorable Matthew McCoyd

Judge, Magistrate Court of DeKalb County

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Subject:	Trinity's Time Warp Dance - Court Order For Mental Evaluation
From:	James Avery (jeaverydvm87@att.net)
To:	wgibbs@dekalbcountyga.gov;
Date:	Thursday, November 17, 2016 9:20 PM

Hello Mrs. Gibbs,

Finally received my Court "Mailed" Order For Mental Evaluation Regarding Competency To Stand Trial late this afternoon.  But the attached files are all I got.  And it surprised me that this Court Ordered Mental Evaluation came delivered in an unsealed envelope..?  No big deal really as I have just about everything uploaded to my blogs.

So what do I do next?

I'm assuming that I should be expecting more mail with further instructions..?

Please advise.

Sincerely yours,

James E. Avery, D.V.M.

P.S. You will find my Court Ordered Mental Evaluation Notice also uploaded to my blog by clicking on the following link:

http://minusfleshequalswaterandspirits.blogspot.com/2016/11/court-order-for-mental-evaluation.html

COURT ORDER FOR MENTAL EVALUATION...

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Attachments

• Court Ordered Mental Evaluation November 17th, 2016 (4).jpg (377.77KB)
• Court Ordered Mental Evaluation November 17th, 2016 (5).jpg (1.26MB)

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Ron Mihelic, Pharm.D., BCOP

Ron Mihelic, Pharm.D., BCOP

Ron Mihelic is a 1999 graduate of the University of Florida College of Pharmacy. He completed a Pharmacy Practice Residency at Emory Healthcare in Atlanta, Georgia in 2000. Ron worked as a hematology oncology specialist at Emory University Hospital from 2001 through 2007. Ron became earned his board certification as an oncology specialist in 2006. Ron has been working at Northside Hospital with the Leukemia/ BMT program as a clinical specialist since 2007. He is a guest lecturer at Mercer University College of Pharmacy as well as the Mercer University Physician Assistant program. He is a preceptor for Mercer, South, and UGA, and for the residency program at Northside Hospital.

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As I was doing my usual flag spinning this evening out by the street in front of my house,

just before it started getting dark, 

I saw a medium size black dog running across the street from the direction of Ron Mihelic property, 

up the hill, then out of sight. 

Seeing no one with  the dog, 

I became concerned it my have escaped from a neighbor's yard.  

So I walked down the hill to the corner of Vistavia and Mason Mill Road.  

First I tried hailing down a SUV driving down the dead end section of Vistavia toward Mason Mill Road.  The black woman behind the steering wheel just kept driving.   

Feeling I had no other options other than ringing Ron Mihelic doorbell or just forgetting about the dog, 

I walked across his lawn and ranged that doorbell.  

He opened the kitchen window over the porch and kept yelling, 

"GET OFF MY PROPERTY!" "GET OFF MY PROPERTY!"   

Over and over. 

What a "cunt!" 

No surprise really. 

Barely managed getting out to him that I had seen a medium size black dog on the loose.
Wasn't able saying anything else to him except,
"You're not concerned about that dog?  WHAT AN ASSHOLE,"
as I turned around and left.

As I'm walking across the street back in the direction of my property,
I hear him saying something inaudible and turned to see him standing in his driveway looking my direction.

"You're on your own," 

I said turning my back to him and continuing up the hill back to my place.

IT AMAZES ME HOW THEY STILL JUST DON"T GET IT.

 
 I did my part in spite of having no incentive showing any concern for the welfare of that dog,

other than being concerned for the welfare
 of that dog.

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