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Local West Georgia News

Attorney Bunch Responds to Gray Dismissal

Another Breaking Story by The Information Age

by D. Tim Clark

February 26, 2010

Yesterday afternoon, Carroll County Assistant District Attorney Anne Allen filed a last-minute "Motion To Enter Nolle Prosequi" in the state's case against former Warden, Carrollton City Councilman Russell (Rusty) Eugene Gray. The motion was accepted and an order was issued by Judge Dennis Blackmon, ending the charges against Gray.

This afternoon, Carrollton-based attorney Gary Bunch issued a statement for local media. It reads:

"The fatally flawed indictment sought to criminalize non-criminal conduct. And Mr. Gray would have prevailed today on his motions to dismiss. Mr. Gray, however, is delighted that the district attorney dismissed the indictments, which was the right thing to do."

District Attorney was not available to comment
Assistant District Attorney Anne Allen was in court all day today and was not available to make a comment regarding the Rusty Gray matter.

Rusty Gray was scheduled to be in Carroll County Superior Court this morning in front of Blackmon, as motions were to be heard in the case. Carrollton-based attorney Gary Bunch had mounted a vigorous defense of Gray, filing more than 10 motions to date, including motions for change of court, change of venue, and for dismissal of all charges.

A trial date was scheduled for March 8th in the matter.

Background
During early June 2009, Carrollton City Councilman and Carroll County Warden Rusty Gray resigned both positions as the GBI confirmed they were investigating him for an "improper relationship with a minor." His resignation from the city council was accompanied by a public statement from Carrollton Mayor J. Wayne Garner, Gray's brother-in-law, saying:

"I saw the evidence (against him) and I asked him to resign."

Almost immediately, Gray admitted himself into an undisclosed mental health facility for an extended stay.

Then during October 2009, the local Grand Jury brought 2 misdemeanor charges against Rusty Gray following the completion of the GBI investigation:

• Interference With Custody (O.C.G.A. 16-5-45(b)); and
• Contributing To Delinquency Of A Minor (O.C.G.A. 16-12-1(b)(1)).

What is next
The district attorney's office may attempt to bring charges against Gray again in the future, which is what happens many times in the case of "Nolle Prosequi" motions, or they could simply let the matter drop.

The Information Age will ask for clarification of intent from the local district attorney's office and publish our findings on our community web sites.

This story is published on the following community web sites:

West Georgia | Carroll County | Bowdon | Carrollton | Mt. Zion | Roopville | Temple | Villa Rica | Whitesburg

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