Matthew Ajibade Case Documents

sh-ill
Al
St
OFFICE OF THE SHERIFF

CHATHAM COUNTY, GEORGIA
Jail Adminirtrdtot
CoioEi Thonas M. Gilb,g
laweme
Chief
Detuq
As sisant I
Roy J. Harris
ail Admintsmar
Melissa S. Kohne
Enforcenent Opetatbrs Admiistratm
lail Opentiats
Major Kimberly c. Middleron
Colonel Brian M. Counihan, Sr.

Assistant Enforcenenr Adminisnat,r
Iail SecuitL
Major Cloria G. Wilson
Major Russell A. Smith
May 8, 2015
Corporal Jason Kenny

Chatham County Sheriffs Office
Corporal Kenny:
Effective today, you are terminated from your employment with the chatham County sheriffs Office.
As you are aware, your actions on January 1, 2015 that resulted in the death of an inmate are under
investigation by the District Attorney and the Georgia Bureau of Investigation.

| find sufficient policy violations to terminate your employment irrespective of the outcome of any
criminal investigation. In addition to termination, please note that the Sheriff will report this mater to
the Georgia Peace Officers Standard and Training (POST) Council.
You are directed to turn in your badge, keys, and all other County issued property and
equipment, remove any personal belongings you may have, and exit the premises. your finar
paycheck will be mailed to you at your home address on file. you can expect a separate
package from Human Resources regarding any pension information and eligibility
for
consolidated omnibus Budget Reconciliation Act (coBRA) continuation of group health

coverage.
You have 7 days from the receipt of this letter to appeal my decision to Sheriff Al St Lawrence.
Should you have questions, you may contact either the Human Resources Director, Carolyn Smalls, or
the County Attorney's Office.

Sincerely.
Enforcement Bureau - PO. Box 10026 - Savannah, CA 31412

Jail - 1050 Carl cd{fin Drive, GA 31405
5'd-/s
Telephone (912) 652-7634 . Fzx l9lZl 652.7 660

Glephone (912) 652-7650 . Fax (912) 652.7660
sr.""ift

la.il Adninisttdtor
faurena
Cololel Thoma M. Ciiberg
Detuq
Roy J. Harris
Assisttlnt I ail Admiîstrator

Mel sa S. Kohne
Enforcemnt Operatiors Adninis*ator

Major Kimberly G. Middleron
AI
Sr
Cl|.ief
Assista^t E^forceme
Major Russell
Jail Opetutiors
t Ahnir.isnatai
A. Smirh
luil Secuntl
Major Cloria G. Wihon
Corporal Maxine Evans

Corporal Evans:
Effective today, you are terminated from your employment with the Chatham County Sheriffs Office.
As you are aware, your actions on January 1, 2015 that resulted in the death of an inmate are under
investigation by the District Attorney and the Georgia Bureau of Investigation.

I find sufficient policy violations to terminate your employment irrespective of the outcome of anv
criminal investigation. In addition to termination, please note that the Sheriff will reoort this matter to
Georgia Peace Officers Standard and Training (POST) Council.
This is to inform you that your employment with the chatham county
sheriffs Department is
terminated effective immediately. The results of an Internal Affairs investigation regarding the
events that led to the death ofan inmate on January t,2ols, which included a review ofyour
conduct, has led to the conclusion that your termination is warranted.
equipment, remove any personal belongings you may have, and exit the premises. your final
for
Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation of group health

coverage.
Should you have questions other than the request to appeal your termination, you can contact either
Human Resources Director, Carolyn Smalls, or the County Attorney's Office.
Sincerely,
Enfotcement Bureau - PO. Box 10026 , Savannah.

Jail - 1050 Carl Griffin Drive, GA 31405
cA
31412
Telephone (912) 652-7634 - Fax (9lz) 652.7660

Telephone (912) 652.7650 -Fzx (9rZ) 652-7660
Ai

Sh.ill
laueff
lail Adniîsnabr
Thom M. Gilberg
Sc
Colorel
Ckef Deputl
Assiltant I ail Ahninbtratjr

Melissa S. Kohne
Roy J. Harris
Enlorccmert Opetatbns Adminktraror
Colonel Brian M. Counihan,
lail ODerutbr"
Major Kimbeny G Middleton
Sr.
Assistant Erforcement Adminbtratcn
Iail Sednq
Major RussellA. Smith
Major Gloria G. Wilson
May 8, 2015
Private Eric Vinson

Private Vinson:
find sufficient policy violations to terminate your employment. The totality of the circumstances of
your employment, to include but not limited to your actions and inactions ofJanuary
resulted in the death of an inmate, merit your dismissal.
l,
2015 that
The District Attorney is currently reviewing that internal investigation as well as the
investigation conducted by the Georgia Bureau of Investigation. lrrespective of whether or not
any action is taken by the District Attorney, I conclude your termination is warranted.
equipment, remove any personal belongings you may have, and exit the premises. Your final
paycheck will be mailed to you at your home address on file. You can expect a separate
package from Human Resources regarding any pension information and eligibility for
coverage.
You have 7 days from the receipt of this letter to appeal my decision to Sheriff Al
St Lawrence.
Should you have question other than a request to appeal your termination, you can contact either the
Enforcement Bureau . PO. Box 10026 - Savannah, GA

Jail - 1050 Carl Griffin Drive, GA 31405
ll4l2
Terephone (912) 652-7634 . Fax (9r2) 652.7660

Telephone (912) 652-?650. Fax (912) 652'?660
Al
shm//
lauren..

St
CIi.l DetutJ
lo.il Adminknatur
ColoEl Thotus M. cilbds
Roy J. Hanis
I.!sL\un r I ail Adminis|.Jatot

Melissa S. Kohoe
Enforcefienr OpentiorLt Adminkl:,atot

Major Kimberly G. Middleton
lail OpefltiLms
A.ssistant Enlorcanett
Adninisttaar
Jdil Secrnry
Major Gloria C. Wilson
May 8, 2015
Private Abram Burns

Private Burns:
Effective today, you are terminated from your employment with the chatham County sheriffs Office.
your employment, to include but not limited to your actions and inactions ofJanuarv 1, 2015 that
equipment, remove any personal belongings you may have, and exit the premises. your finat
package from Human Resources regarding any penslon information and eligibility for
coverage.
You have 7 days from the receipt ofthis letterto appeal my decision to SheriffAl St Lawrence.
Human Resources Director, Carolyn Smalls, or the County Attorney's Olfice.
Colonel Brian M. Counihan. Sr.
.-ga--7'/{
Enforcement Bureau , PO. Box 10026 - Savannah, GA 31412
JaiI . 1050 Carl Griffin Drive, cA 31405
Telephone (912) 652-7634 'Fax l9r2) 652-7660

Telephone (912) 652-76 50 - Eax \9121 652.7 660
sh.r,/l
Ai
St

laserce
Chief Deputy
Roy J.
lail Ad'f'iniliabt
Coloael T[ornas
M. Gil]og
lail Administrator
Melissa S. Kohnc
Asststa^t
Hanis
Enforcenent Operariors AdrninLstratar
lail
OperutiorLs
Coloncl Brian M. Counihan, Sr.
Major Kimberly G. Middleron
Assiswlt E^[orcement Administratot

Jdil Secrn!)
Major Cloria G. t0ilson
May 8, 2015
Private Christooher Reed

Private Reed:
Effective today, you are terminated from your employment with the chatham county Sheriffs Office.
find sufficient policy violations to terminate your employment. The tota lity of the circumsta nces of
your employment, to include but not limited to your actions and inactions ofJanuary 1, 2015 that
resulted in the death of an inmate, merit your dismissal,

equipment, remove any personal belongings you may have, and exit the premises. Your final
coverage.
St Lawrence.
J7-a' /J
Enforcement Bureau - PO. Box 10026 - Savanruh. GA 31412

Jail - 1050 Carl Grifffn Drive, GA 31405
Terephone (912) 652.7634. Fax \9t2), 652.7 660

Grephone (912) 652.7650 . Fax \9121 652-7660
Slrif/
Al

JcLiI
Sr lautence
Chief Depur)
Roy J.
Administratar
Colonel Thoms
M. Gilkrg
Assi,ra t |ail 1lmiîsna@r

Melissa S. Kohne
Hanis
Enforcenart Wario s Administraror

lail Operatiav
Major Kimberly G. Middleton
Enfarceme r Adrniflit]'lator
lail Secwitl
^sistant
Majot Russell A. Smith
Major Gloria G. Wilson
May 8, 2015
Private Burt Ambrose

Private Ambrose:
find sufficient policy violations to terminate your employment. The totality ofthe circumstances of

for

coverage.
You haveTdaysfrom the receipt
ofthis letter to appeal my decision to Sheriff AlSt Lawrence.

Human Resources Director, Carolyn Smalls, or the County Attorney,s Office.
Colonef Brian M. Counihan, Sr.
Enfotcement Bureau - PO. Box 10026 - Sarannah, GA 3l4r2

Jail - t050 Carl Griftin Ddve, GA 31405
{_ f,- ,z-S-
Telephone (912) 652-7634 . Fax l9l2l 652-766o

"felephone (912) 652.7650 . Fax (9121 652.7660
Sl'..if

CHAIHAM COUNTY, GEORGIA
AlStl,avmce
lail Administtatot
Colotul fiornas M. cilbds
Chiel Depuq
Assistr;nt
I ail AdminLt:,ator
Melissa S. Kobne
Roy J. Harris
Enforcenmt Ope'anf'x Admink/laror

Colonel Brian M. C,ounihan, Sr.
Major Kinberly C. Middleton
Assiuant Enfofte''.{'!t AdminisnatI.t

lail SecuitJ
Major Glorie G. Vihon
lail Opentins
May 8, 2015
Private Frederick Burke

Private Burke:
Effective today, you are terminated from your employment with the Chatham county Sheriffs Office.
find sufficient policy violations to terminate your employment. The tota lity of the circumsta nces of

coverage.
St Lawrence.
"-17Enforcement Bureau . PO. Box 10026 - Savannah. GA 31412
Jail.
1050 Carl
Grifftn Drive, GA 31405
6-
Glephone (912) 652.7634 - Fax 1912) 652-7660

Telephone (912) 652-7650 -Eax (9t2) 652,7660
ShfJifl
Ai

CTIATHAM COUNTY, GEORGIA
Sr la@ence
Chizf
JdilAdminiJt'aror
M. Gibers
Colonel TtDmai
Dqtr
Assisrant I atl AdrniflittJ atar
Roy J. Harris
Melissa S. Kohne
O4ations Adminktrarot
Enforcement
ld'il Opetutiot:'s
Major Kimberly C. Middleton
Assistant Enforcenmt Administtatot
Jdil
Major Cloria G.
Seclrit)
Mlson
May 8, 2015
Private Andrew Evans-Martinez

Private Evans-Martinez:
Effective today, you are terminated from your employment with the chatham County Sheriffs office.
investiSation conducted by the Georgia Bureau of Investigation. lrrespective ofwhether or not

coverage.
Enfotcement Bureau - PO. Box 10026 - Savannah, GA 31412

Jail . 1050 Carl Griffin Drive, GA 31405
Telephone (9r2) 652.?634 . Fax (912) 652.7660

Telephone (912) 652-?650 . Fax l9r2l 652.7660

siailt
AIS! lrwence
Ja!l AJnin nIr.! !or
colonel Thomar
Chief De\ut)
Roy J. Harris
G,lbeiq
Asrstant Jrrii Adminlstrator

Mcl sr S. Kohnc
Enfarcement apcrations k)ministr attr
lail Opentiotls

Assistant Enforc cment
v.
Major KnnbcLly G. Middleton
N)ninktrator
JarlSecanrl
Major Ru$scll A. Snlidr
Maj.r Glffir c. \qikon
May 8, 201s
Private Paul Folsome

Private Folsome:
Effective today, you are terminated from your employment with the Chatham County Sheriff's Office.
your employment, to include but not limited to your actions and inactions ofJanuarV 1, 2015 that
resulted in the death of an inmate, merit vour dismissal.
investiSation conducted by the Georgia Bureau of Investigation. lrrespective ofwhetheror not
coverage.
Shouldyou have question otherthana requesttoappeal your termination, you can contact either the
-f-f't{
tsnforcement Bureau - PO. Box 10026, Savannah, GA 31412
Jail- 1050 CarlGrifffn Drive, GA 11405
Telephone (912) 652-?634 ' Fax \912) 652.766A

Telephone (912) 652-7650 - lax (912) 652-7660
MEDIA ADVISORY
May8, 2015
For Immediate Release
Sheriff St Lawrence Makes Statement

Sheriff Al St Lawrence has taken numerous steps within his department as a result of the death of
Matthew Ajibade. As he said in his statement of Wednesday, the Sheriff deeply regrets the death of Mr.
Ajibade.
On January 2, 2015, the Georgia Bureau of Investigation (GBI) began its external review of the conduct
of those individuals within the Sheriffs Office present at the facility during the incident on January 1,
2015. In a parallel investigation, the Internal Affairs Division of the Sheriffs Office began a review, not
only of the personnel involved, but of the policies of the Department. Upon receipt of the GBIs
completed investigation, approximately two weeks ago, the Sheriff instructed Internal Affairs to again
review the actions of the deputies involved as well as the policies of the Department with the evidence
obtained by the GBI. In accordance with those investigations, today the Sheriff has taken the following
steps:
Nine (9) deputies have been terminated from employment today:
Cpl. Maxine Evans
Cpl. Jason Kenny
Pvt. Eric Vinson
Pvt. Abram Burns
Pvt. Christopher Reed
Pvt. Burt Ambrose
Pvt. Paul Folsome
Pvt. Frederick Burke
Pvt. Andrew Evans-Martinez
Greg Capers, Benjamin Webster and Lt. Debra Johnson are no longer employed with the Sheriff Office.
Capers and Webster were terminated for policy violations not related to this incident and Lt. Johnson
has retired.
Gena Bilbo - Public Information Director
Chatham County Sheriff's Office

Office: 912.652.7606 | Cell: 912.660.9571 | gmbilbo@chathamcounty.org
Simultaneously with the release of this statement, the Sheriff is releasing the personnel files and
termination letters of the first nine individuals named above. As both the Internal Affairs and GBI
reports are currently in the hands of the District Attorney for her independent review to take action as
she deems appropriate, the Sheriff is not releasing those reports.
The Sheriff instructed the County Attorney to initiate legal proceedings last Monday in Chatham County
Superior Court to determine if the Internal Affairs files are subject to release during the ongoing criminal
investigation. The Sheriff will abide by the decision rendered by Superior Court. Until such time as the
Court rules or such time as the District Attorney concludes the ongoing criminal investigation, the Sheriff
will not release any additional information.
Also, as announced on Wednesday, the Sheriff has instituted policy changes as a result of these parallel
investigations. Those changes include:
New booking procedures to ensure immediate notification to onsite medical
personnel when a person with medication arrives for the booking process.
New security procedures with the jail to audit the use of Taser devices and reconcile
such use with standard documentation and current Use of Force policies.
The Cell Extraction and Removal Team (CERT) will be reviewed and have a renewed
focus of discipline and use of non-lethal force.
A clear written policy of when Tasers may not be used.
All questions regarding any potential criminal prosecution should be directed to the District Attorney
Gena Bilbo - Public Information Director
Chatham County Sheriff's Office

Office: 912.652.7606 | Cell: 912.660.9571 | gmbilbo@chathamcounty.org
General Civil Case Filing Information Form (Non-Domestic)
Docket#
(;V15 / O~1Q.( KA
PlaintitT(s)
Middle I.
First
MM-DD-YYYY
HEAP,MEG
Suffix Prefix
Maiden
Last
Sutlix Prefix
Maiden
Last
AJIBADE, SOLOMON O.
Last
oltd.) ~/ i:OtS
Defendant(s)
AJIBADE, ADENIKE H.
Last
Date Filed
County CHATHAM
Court
[Q' Superior
o State
First
Middle I.
First
Middle I.
SUftlX Prdix
Maiden
IN HER CAPACITY AS EASTERN JUDICIAL CIRCUIT
OLADAPO, CHRISTOPHER
First
Middle I.
Suftix Prefix
Maiden
DISTRICT ATTORNEY
Last
First
Middk 1.
Suffix Pft:fix
Maidt:n
Last
First
Middk 1.
Suffix Prefix
Maiden
Last
First
Middle 1.
Suffix Prefix
Maiden
Last
First
Middle I.
Suffix Prefix
Maiden
No. of Plaintiffs
No. of Defendants- - -
PlaintifflPetitioner's Attorney
o Pro Se
CLAIBORNE, WILLIAM R.
First
Last
Middle [
sumx
Bar # 126363
Check Primary Type (Check only ONE)
o
o
Contract/Account
o
o
o
Real Property
'0
Equity
o
o
Habeas Corpus
Post Judgement Garnishment, Attachment, or

Other ReI ief
o
o
Non-Domestic Contempt
II!
Other General Civil SpecifY Disqualification
Wills/Estate
Dispossessory/Distress
Presonal Property
If Tort is Case Type:
(Check no more than TWO)
Auto Accident
Premises Liability
Medical Malpractice
Other Professional Negligence
Product Liability
Other SpecifY
Appeals, Reviews
Tort (If tort, fill in right column)
pursuant to O.C.GA 15-18-5
Are Punitive Damages Pleaded? 0 Yes 0 No
~ I hereby certify that the documents in this filing

(including attachments and exhibits) satisfy the
requirements for redaction of personal or
confidential information in O .e.G.A. 9-11-7.1
ENTERED JPK
JUN - 9 2015
IN THE SUPERIOR COURT OF CHATHAM COUNTY

STATE OF GEORGIA
ADENIKE HANNAH AJIBADE,
SOLOMON OLUDAMISI AJIBADE, and
CHRISTOPHER OLADAPO,
Plaintiffs,
)
)
)
)
v.
MEG HEAP IN HER CAPACITY AS
EASTERN JUDICIAL CIRCUIT
DISTRICT ATTORNEY;
Defendant.
Civil Action No.: CVlS-
bS ~ It
)
)
)
)
)
)
)
)
)
)
)
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PETITION FOR MANDAMUS AND DISQUALIFICATION

COME NOW PLAINTIFFS, Adenike Hannah Ajibade, Solomon Oludamisi Ajibade, and
. Christopher Oladapo, and file this Petition for Mandamus and Disqualification against Defendant
Meg Heap ("Heap") in her capacity as Chatham County District Attorney, showing the Court as
follows:
INTRODUCTION
Plaintiffs file this Petition pursuant to O.C.G.A 15-18-5 seeking the disqualification
of Defendant Heap and the office of the Eastern Judicial Circuit District Attorney from
any further action in investigating or presenting criminal charges based upon the actions
which caused the death of Mathew Ajibade and for the appointment of District Attorney
pro tempore in all matters related to the death of Mathew Ajibade.
Page 1 of 12
Ajibade, et al. v. Meg Heap
Superior Court of Chatham County
ENTERED JPK
JUN - 9 2015
JURISDICTION AND VENUE
1.
This is an action brought pursuant to O.CG.A. 15-18-5. This Court has jurisdiction to
entertain the Plaintiffs action.
2.
For purposes of venue, all Defendant Heap is a resident of Chatham County, Georgia and
Chatham County, Georgia is the county in which a substantial part of the business described
below was transacted. O.CG.A. 9-10-93; Ga. Const. Art. VI, 2,
VI. Venue is proper in this
Court.
PARTIES
3.
Plaintiffs are the immediate surviving family members of Mathew Ajibade, an arrestee
who was killed while in the custody of Chatham County Sheriff deputies in early 2015.
4.
Defendant Meg Heap is the District Attorney for the Eastern Judicial Circuit and is
subject to suit in actions of this kind and nature. Defendant Heap may be served through her
office at: 133 Montgomery St., 6th Floor, Savannah, Georgia.
COUNT I
DISQUALIFICATION OF DEFENDANT HEAP
AND THE OFFICE OF THE EASTERN CIRCUIT DISTRICT ATTORNEY
5.
Plaintiffs repeat and re-allege paragraphs 1-4 as though fully set forth herein.
Page 2 of 12
6.
Pursuant to O.e.G.A. 15-18-5(a), a District Attorney is disqualified from a case when

he or she has an interest in the outcome of the case or a relationship with either the victim or the
accused.
DEFENDANT HEAP'S RELATIONSHIP WITH THE
ACCUSED SHERIFF IN SPCV1S-0441-J3
7.
On May 4, 2015, Defendant Heap and Sheriff Al St. Lawrence sued WSAV, Inc. in the
Superior Court of Chatham County. Said suit, SPCVI5-0441-J3, seeks a declaratory judgment
that neither Defendant Heap nor Sheriff St. Lawrence be required to release information to
WSAV, Inc. under the Georgia Open Records Act, O.C.G.A 50-18-70 et seq.
8.
WSAV, Inc. did not request any records from Defendant Heap. However, Defendant
Heap voluntarily inserted herself into the controversy between WSA V and Sheriff St. Lawrence.
9.
Defendant Heap and Sheriff St. Lawrence are co-plaintiffs in SPCV 15-0441-J3 and even
share the same attorney in said suit.
10.
The Plaintiffs in this action have intervened in SPCV 15-0441-J3 and are Defendants in
said case.
Page 3 of 12
11.
The Ajibade family has claims against Defendant Heap and Sheriff St. Lawrence which
have been asserted in SPCVI5-0441-J3.
12.
Thus, Defendant Heap is embroiled in contested litigation against the Ajibade family, the
surviving family of the victim in the criminal case.
13.
Sheriff St. Lawrence, is a potential defendant in the criminal case, and his actions and/or
inactions should be under investigation by Defendant Heap.
a. It has been widely reported that 195 inmates were tased in the Chatham County Jail in
2014, a rate far higher than were tased, for example, by the Savannah-Chatham
Metropolitan Police Department or were tased at the at the Richmond County Jail.
Failure to institute proper policies for the use of tasers should subject the Sheriff to
criminal charges.
b. Video has been released showing several of the CCSO officers who participated in
the killing of Mathew Ajibade engaging in violence and excessive force against other
inmates both before and after Mathew Ajibade's death. Creating a culture of violence
and sadism should subject the Sheriff to criminal charges.
c. Instituting a policy of allowing restrained inmates to be tased should subject the
Sheriff to criminal charges.
d. It has been reported that the Watch Commander' s Log Book was altered
approximately fifteen to twenty-one hours after Mathew Ajibade was killed. If the
Page 4 of 12
Sheriff allowed or encouraged the alterations of that log book to conceal the manner
in which Mathew Ajibade died, then the Sheriff should be subjected to criminal
charges.
14.
Both Defendant Heap and Sheriff St. Lawrence are seeking a court order debarring the
Ajibade family and the public from records which would reveal the circumstances of Mathew
Ajibade's death.
15.
By voluntarily inserting herself into SPCV15-0441-J3 on the side of a potential criminal
defendant and sharing a lawyer with that defendant, Defendant Heap has placed herself in
opposition to the victim's family.
16.
This alliance with a potential criminal defendant in opposition to the victim's family has
placed Defendant Heap in an impermissibly conflicted position, and she must be disqualified
from any further action in investigating or presenting criminal charges based upon the
actions which caused the death of Mathew Ajibade.
DEFENDANT HEAP'S POLITICAL ALLIANCE
WITH THE ACCUSED SHERIFF
17.
Sheriff St. Lawrence contributed to the election campaign of Defendant Heap twice in
2012.
Page 5 of 12
18.
Defendant Heap and Sheriff St. Lawrence both employed David Simons as their political
consultant and campaigned in concert with one another in 2012.
DEFENDANT HEAP'S REFUSAL TO INVESTIGATE OR PROSECUTE

HER POLITICAL ALLIES AND/OR SUPPORTERS
19.
Since becoming District Attorney, Defendant Heap has failed or refused to investigate or
prosecute individuals or entities that are also represented by her political consultant, David
Simons. Further, Defendant Heap has failed or refused to investigate or prosecute individuals or
entities that contributed to her election 2012 campaign.
20.
Defendant Heap received a campaign contribution from Walter Murphy of the company
lE. Dunn Construction d/b/a Rives Worrell. David Simons was the lobbyist for said company at
all times relevant to this litigation.
21.
Defendant Heap has failed to investigate or prosecute one or more employees of lE.
Dunn Construction d/b/a Rives Worrell when false statements were made on sworn bid
documents to secure a $21 million contract for the replacement of Hesse Elementary School.
22.
Defendant Heap received a campaign contribution from Jim Turner of the J.T. Turner
company.
Page 6 of 12
Ajibade, et aI. v. Meg Heap
23.
Defendant Heap has failed to investigate or prosecute one or more employees of J.T.
Turner when, upon infonnation and belief, false statements were made to property owners that
subcontractors had been paid, when in fact said subcontractors had not been paid.
24.
At all times relevant to this litigation, David Simons served as the lobbyist for both J.E.
DUlUl Construction d/b/a Rives Worrell and several other corporations. David Simons was paid
by these corporations.
25.
Additionally, David Simons served as a campaIgn consultant for
VarIOUS
political
candidates, including, but not limited to, Defendant Heap and Sheriff St. Lawrence.
The
political candidates paid David Simons.

26.
Although drawing a salary from the campaigns of Defendant Heap and Sheriff St.
Lawrence and other political candidates, David Simons would also donate money back to all of
the campaign committees from which he was being paid. Rather than donating back a portion of
his salary, David Simons was serving as a straw donor for the corporations for which he lobbied.
27.
Failing to register as a lobbyist violates O.C.G.A. 21-5-70 et seq. Masking campaign
contributions violates O.C.G.A. 21-5-30 et seq. Notwithstanding these violations of law by
David Simons, and the personal knowledge of Defendant Heap that these laws were being
violated, Defendant Heap has failed to investigate or prosecute David Simons.
Page 7 of 12
Ajibade, et at. v. Meg Heap
28.
Due to Defendant Heap's failure or refusal to prosecute her campaign contributors, David
Simons, and/or clients of David Simons, the Plaintiffs have a real and reasonable fear that
Defendant Heap will not investigate the death of Mathew Ajibade fairly and impartially.
29.
Specifically, the Ajibade family
IS
afraid that Defendant Heap has chosen not to
investigate Sheriff St. Lawrence.

30.
Defendant Heap performed no investigation into this case for approximately five months
after Mathew Ajibade's death. Rather, Defendant Heap ignored her responsibility to review and
investigate the criminal death of an inmate in her jurisdiction, and instead deferred her
responsibilities to other law enforcement agencies, opting to sidestep an investigation which
would have led to the doorstep of Sheriff St Lawrence, and, eventually, to her own failures
regarding her obligations to inspect the Chatham County Jail.
31.
Since receiving an investigative report from the GBI, Defendant Heap and Sheriff St.
Lawrence have openly coordinated with each other in an attempt to shift one hundred percent of
the blame for Mathew's death onto lower ranking officers and to conceal information from the
Ajibade family and public records from the public.
Page 8 of 12
32.
For the foregoing reasons Defendant Heap must be disqualified from any further action
in investigating or presenting criminal charges based upon the actions which caused the
death of Mathew Ajibade.
DEFENDANT HEAP'S INTEREST IN THE OUTCOME OF THE CASE

33.
The Chatham County Grand Jury has a duty under O.e.G.A. 15-12-71(b)(1) to conduct
an annual inspection of the Chatham County Jail.
34.
Defendant Heap and her staff supervise the Grand Jury and coordinate the Grand Jury's
operations.
35.
Notwithstanding O.C.G.A. 15-12-71(b)(1), Defendant Heap, since being sworn in as
District Attorney in 2013, has failed to instruct the Grand Jury to inspect the Chatham County
Jail.
36.
Rather, Defendant Heap and her staff inform the Grand Jurors that there is an "optional
tour" of the j ail, which they may attend at their discretion.
37.
Defendant Heap and her staff coordinate the date of the "tour," provide transportation to
and from the jail, one or more staff members of the DA's office attend the "tour."
Page 9 of 12
38.
Further, no report of the Chatham County Grand Jury reflecting an inspection ofthe Jail's
operations has been filed with the Chatham County Superior Court in more than one year prior to
Mathew Ajibade's death.
39.
The Ajibade family will be filing a civil suit against any and all parties responsible for
Mathew's death. Due to her failure to ensure inspections of the jail as required by law, there is a
significant probability that Defendant Heap will be named as a defendant in that action by the
Ajibade family.
40.
A District Attorney may not participate in the prosecution of a case where the District
Attorney has a personal interest in the outcome of the case. See McLaughlin v. Payne, 761 SE
2d 289 (2014). The conflict of the individual District Attorney attaches to the entire office of the
District Attorney, Id.
41.
The fact that Defendant Heap will likely be named as a defendant in the Ajidabe civil suit
gives her an interest in the outcome of the criminal case arising from the same transaction or
occurrence, to wit: the death of Mathew Ajibade.
COUNT II
MANDAMUS AGAINST DEFENDANT HEAP
42.
Plaintiffs repeat and re-allege paragraphs 1-41 as though fully set forth herein.
Page 10 of 12
Ajibade, et at. v. Meg Heap
43.
O.C.G.A. IS-18-S(a) provides as follows:

(a)
When a district attorney's office is disqualified from interest or relationship to

engage in a prosecution, the district attorney shall notify the Attorney General of
the disqualification. Upon receipt of such notification, the Attorney General shall:
(1)
(2)
(3)
Request the services of and thereafter appoint a district attorney, a

solicitor-general, or a retired prosecuting attorney as provided in Code
Section 15-18-30;
Designate an attorney from the Department of Law; or
Appoint a competent attorney to act as district attorney pro tempore in
place of the district attorney.
44.
For the reasons stated above, Defendant Heap must be ordered by this Court to notify the
Georgia Attorney General that she is disqualified from further participation in investigating or
presenting criminal charges based upon the actions which caused the death of Mathew
Ajibade.
WHEREFORE, Plaintiffs request they be afforded the following relief:

(a)
That this Court enter an Order requiring the immediate disqualification of the Office of
the District Attorney for the Eastern Judicial Circuit from further participation in
investigating or presenting criminal charges based upon the actions which caused
the death of Mathew Ajibade;
(b)
That this Court enter an Order directing Defendant Heap to notify the Georgia Attorney
General of her disqualification from further participation in investigating or presenting
criminal charges based upon the actions which caused the death of Mathew
Ajibade;
Page 1J of 12
(c)
Any and all other relief as the Court deems just and proper.
RESPECTFULLY SUBMITTED this 9th day of June, 2015.
~c{i{t
Georgia Bar No. 126363
Attorney for Plaintiff
THE CLAIBORNE FIRM, P.C.
410 East Bay Street
Savannah, Georgia 3 1401
T: (912) 236-9559
F: (912) 236-1884
will@claibomefirm.com
Page 12 of 12
IN THE SUPERIOR COURT OF CHtOQ:~l\;l ~ QUNTY

STATE OF GEOR&A: I'. Ur, IL'-.

) 701 JW~ -9
11 10: 07
05?J~
Plaintiffs,
-J3
v.

DISTRICT ATTORNEY;
Defendant.
CERTIFICATION UNDER RULE 3.2
Pursuant to Rules 3.2 and 3.4 of the Uniform Superior Court Rules and Local Rules of
the Eastern Judicial Circuit of Georgia, I hereby certify that there has been a case filed in the
Superior Court of the Eastern Judicial Circuit of Georgia, Al St. Lawrence. Sheriff of Chatham
County; Meg Heap. Eastern Judicial Circuit District Attorney v. WSA V, Inc .. Civil Action
Number: CV15-0441-J3,
involving substantially the same parties or substantially the same
subject matter or substantially the same factual issues which would require the pleading to be
specifically assigned to the judge whom the original action was or is assigned.
Respectfully submitted, this 9th day of June, 2015.
T~~___
.C.
WILLIAM R. CLAIBORNE
Georgia Bar Number: 126363
Attorney for Plaintiffs
410 East Bay Street
Savannah, Georgia 31401
(912) 236-9559 Telephone
(912) 236-1884 Facsimile
wi ll@c1aibomefirm.com
ENTERED JPK
JUN - 9 2015
ST ATE OF GEORGIA

Plaintiffs,
v.
DISTRICT ATTORNEY;
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
OS?;')
-J3
SUMMONS
TO THE ABOVE NAMED DEFENDANT:

MEG HEAP
IN HER CAPACITY AS EASTERN JUDICIAL CIRCUIT DISTRICT A ITORNEY
133 MONTGOMERY STREET, 6TH FLOOR
SAVANNAH, GEORGIA 31401
You are hereby summoned and required to file with the Clerk of said court and serve upon the
Plaintiffs attorney, whose name and address is:
THE CLAIBORNE FIRM, P.e.

410 EAST BAY STREET
SAVANNAH GEORGA 31401
an answer to the complaint which is herewith served upon you, within 30 days after service of summons
upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against
you for the relief demanded in the complaint.
This 9th day of June, 2015.
Clerk of Superior Court
CHATHAM COUNTY
ENTERED JPK
JUN - 9 2015
STATE OF GEORGIA

Plaintiffs,
v.

DISTRICT ATTORNEY;
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
05?J~
SUMMONS
TO THE ABOVE NAMED DEFENDANT:

MEG HEAP
IN HER CAPACITY AS EASTERN JUDICIAL CIRCUIT DISTRICT ATTORNEY
133 MONTGOMERY STREET, 6TH FLOOR
SAVANNAH, GEORGIA 31401
Filed in the Clerk's Office this 9th day of June, 2015.
William R. Claiborne
PLAINTIFFS ATTORNEY
==========================
-J3
C1
FILED
165:::::::21
OR RECORD
IN CHATHAM SUPERIOR CO~T'09/2015
--------------------
TERM
0::: :22.~.rJI
PAID: 210 .00
D .~. ni e1 '.'1. t'1<o. :::.:::.~~/ ~ C1 txl::
Superiot- Court of Chat ham County
Chatham
Co unty ~
----------------------------
Georgia
A dUl/- t<t 11 flnnath Aj,'IJadt,
Ltr()0/
VS.
ORIGINAL
Filed in the Clerk's Office this
.ft
----------------
day of _ _~J
>L__
f7.Jfll,
_ _____", tJ(J'5
PLAINTIFF'S ATIORNEY
ENTERED JPK
JUN - 9 2015
I
Indictment No.
15CHM01205/X1506021, X1506022, X1506023
In the Superior Court of Chatham County, State of Georgia
JUNE TERM 2015
------------------------
THE STATE OF GEORGIA
VERSUS
JASON PAUL KENNY,
MAXINE EVANS
and
GREGORY BROWN
OFFENSE(S): FELONY MURDER, INVOLUNTARY

MANSLAUGHTER, AGGRAVATED ASSAULT,
CRUELTY TO INMATE, INVOLUNTARY
MANSLAUGHTER, PUBLIC RECORD FRAUD,
INVOLUNTARY MANSLAUGHTER, PUBLIC RECORD
FRAUD AND MAKING A FALSE STATEMENT
)
6="t.\~~ I'h~d-e.~- ~
"Ii'iJ e
(SPECIAL PRESENTMENT)
b.11
ov\ 0.(\ o'1-h-e-.r BILL
z.;~~L
WITNESS(ES):
Agt. Cyrus Purdiman, GBI (Statesboro)
Inv. Nicole Meyers, CCSO IA
Dr. Stacey Desamours, GBI Crime Lab (Atlanta)
Filed in office this
..
2-i-flh
day of
- - - - - ' . , ; , -..........=-".='-7=-----'
2015
CHRISTY BARKER
ASSISTANT DISTRICT ATTORNEY
Defendant, on _________________ being in open court, pleads _________________________
Defendant
Attorney for Defendant
Defendant, on
being in open court, PLEADS GUILTY and waives the right to trial by jury; the
presumption of innocence; the right to confront witnesses against oneself; the right to subpoena witnesses; the right to testify and to
offer other evidence; the right to assistance of counsel during trial; the right not to incriminate oneself; and understands that by pleading
not guilty or remaining silent and not entering a plea, one obtains a jury trial.
Defendant
Attorney for Defendant
We, the Jury, find the defendant
________________ FOREPERSON __________DATE
THUI\IIBPRINT(S) OF DEFENDANT
(left)
(right)
.f )
\
~ :J.'>
- _>(ddt:1M.<;..
FOR PERS N
Meg Heap
District Attorney
Eastern Judicial Circuit
of Georgia
,2015
t...V
STATE OF GEORGIA, COUNTY OF CHATHAM

IN THE SUPERIOR COURT OF SAID COUNTY,
BILL OF INDICTMENT
(SPECIAL PRESENTMENT)
THE GRAND JURORS selected, chosen and sworn for the County of Chatham to wit:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
". 11.
12.
13.
14.
Marilyn Solana, Foreperson

Catherine Akins
Jennie Battle
Gloria Bryant
Loretta Calvert
Paulette Christie
Amelia Croft
Linda Cook
Tonja Davis
Roseanne Dickerson
Brian Hagan
Tammy Harris
Mike Holland
Kristy Horbachefsky
15.
16.
,,:\7.
18.
19.
20.
Rhonda Johnson
Bryan Jones
DB'O'id LolH)~
Dale Lepisto
Kenny Siu Quinones
Jamecia Ready
~1. CotA8fiA9 RobinsoA
22. Peggy Todd
23. Victoria Yates
24.
25.
26.
COUNT 1: FELONY MURDER, O.C.G.A. 16-5-1 (c)
t-.JO
in the name of and on behalf of the citizens of the State of Georgia, charge and accuse JASON PAUL
KENNY, with the offense of FELONY MURDER, for that the said JASON PAUL KENNY, in the
County of Chatham and State of Georgia, on or about the 1st day of January, 2015, while in the
commission of the offense of Cruelty to An Inmate, a felony, caused the death of Matthew Ajibade, a
A
human being, by using excessive force, contrary to the laws of the State of Georgia, the good order,
peace and dignity thereof.
c.P ~
WI'>
COUNT 2: INVOLUNTARY MANSLAUGHTER, O.C.G.A. 16-5-3(a)
True.,
And the jurors aforesaid, in the name of and on behalf of the citizens of the State of Georgia, further
charge and accuse JASON PAUL KENNY, with the offense of INVOLUNTARY MANSLAUGHTER,
for that the said JASON PAUL KENNY, in the County of Chatham and State of Georgia, on or about
the 1st day of January, 2015, while in the commission of reckless conduct, an unlawful act, caused
the death of Matthew Ajibade, a human being, without any intention to do so, by tasing him while he
was restrained, contrary to the laws of the State of Georgia, the good order, peace and dignity J
thereof.
.
\..ifl K
COUNT 3: AGGRAVATED ASSAULT, O.C .G.A. 16-5-21
T ('U 'e....,....
VA..
charge and accuse JASON PAUL KENNY, with the offense of AGGRAVATED ASSAULT, for that the
said JASON PAUL KENNY, in the County of Chatham and State of Georgia, on or about the 1st day
of January, 2015, made an assault upon the person of Matthew Ajibade with a taser, an object and
device which when used offensively against a person is likely to result in serious bodily injury by drive
stunning him while he was restrained, contrary to the laws of the State of Georgia, the good order,
peace and dignity thereof.
COUNT 4: CRUELTY TO INMATE, O.C.G.A. 42-4-5
-q-r lle.
charge and accuse JASON PAUL KENNY, with the offense of CRUELTY TO INMATE, for that the
said JASON PAUL KENNY, in the County of Chatham and State of Georgia, on or about the 1st day
of January, 2015, being a jailer at the Chatham County Detention Center, unlawfully cause willful
inhumanity to Matthew Ajibade, an inmate under the accused's care and custody by using excessive
<-1JA-<f
force, contrary to the laws of the State of Georgia, the good order, peace and dignity thereof.
up.
COUNT 5: INVOLUNTARY MANSLAUGHTER, O.C.G.A. 16-5-3(a)
T'f'l.l',
charge and accuse MAXINE EVANS, with the offense of INVOLUNTARY MANSLAUGHTER, for that
the said MAXINE EVANS, in the County of Chatham and State of Georgia, between the 1st day of
January, 2015, and the 2nd day of January, 2015, the exact date of the offense being unknown to the
Grand Jury, while in the commission of reckless conduct, an unlawful act, caused the death of
Matthew Ajibade, a human being, without any intention to do so, by failing to monitor him while he
was in restraints, contrary to the laws of the State of Georgia , the good order, peace and dignity
thereof.
COUNT 6: PUBLIC RECORD FRAUD, O.C.G.A. 45-11-1
T f"'<-t -e
charge and accuse MAXINE EVANS, with the offense of PUBLIC RECORD FRAUD, for that the said
MAXINE EVANS, in the County of Chatham and State of Georgia, on or about the 2nd day of
January, 2015, unlawfully falsified a Corrections Bureau Restraint Chair Log, a document belonging
to the Chatham County Sheriff's Office, a public office within the State of Georgia, in that she entered
checks that did not occur, contrary to the laws of the State of Georgia, the good order, peace and
dignity thereof.
COUNT 7: INVOLUNTARY MANSLAUGHTER, O.C.G .A. 16-5-3(a)

charge and accuse GREGORY BROWN , with the offense of INVOLUNTARY MANSLAUGHTER, for
that the said GREGORY BROWN, in the County of Chatham and State of Georgia, between the 1st
day of January, 2015, and the 2nd day of January, 2015 , the exact date of the offense being unknown
to the Grand Jury, while in the commission of reckless conduct, an unlawful act, caused the death of
Matthew Ajibade, a human being, without any intention to do so, by failing to monitor him while he
was in restraints, contrary to the laws of the State of Georgia, the good order, peace and dignity
thereof.
COUNT 8: PUBLIC RECORD FRAUD, O.C.G.A. 45-11-1
True..
$-1
v.tl'
charge and accuse GREGORY BROWN, with the offense of PUBLIC RECORD FRAUD, for that the
said GREGORY BROWN, in the County of Chatham and State of Georgia, on or about the 2nd day of
January, 2015, unlawfully falsified a Corrections Bureau Restraint Chair Log, a document belonging
to the Chatham County Sheriff's Office, a public office within the State of Georgia, in that he signed
the log indicating that checks occurred that did not occur, contrary to the laws of the State of Georgia,
the good order, peace and dignity thereof.
COUNT 9: MAKING A FALSE STATEMENT, O.C.G.A. 16-10-20

charge and accuse GREGORY BROWN, with the offense of MAKING A FALSE STATEMENT, for
that the said GREGORY BROWN, in the County of Chatham and State of Georgia, on or about the
2nd day of January, 2015, knowingly and willfully made a false statement to Agent Cyrus Purdiman of
the Georgia Bureau of Investigation in a death investigation, a matter within the jurisdiction of the
Georgia Bureau of Investigation, a department of state government, to wit: stating that he checked
Matthew Ajibade while he was in restraints, which checks did not occur, contrary to the laws of the
State of Georgia, the good order, peace and dignity thereof.
~' (on) Vv\v..Y"Jo.'("" - ~()
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MEG HEAP
DISTRICT ATTORNEY
OF GEORGIA
- '{
-e., ----tv
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INrHEsupERroR
couNry :,lr ii'.ii.,i:tir,)i
33ts1%?6f3ff"AM
STATE OF GEORGIA
I r . i o l c r n t e r v rN o s . C R 1 5 - 1
V.
cR15-1396
<F
JASON KENNY
MAXINE EVANS
G R E G O R YB R O W N
,'r
CR15-1397'Js
DrpswoeNr.
STATE'S MOTION FOR IMPOSITION
OF A GAG ORDER
Comesnow the Stateof Georgia,by and throughits representative,
AssistantDistrictAttorney
ChristineBarker,andmovesthis Courtto orderthepartiesandcounselfor andall agentsof all parties,
--
includingattorneysfor theyictinlq fumjly-an_d,

to refrainfrom makinganys&tenrents
fheD_efendanrs
regarding,or releasinginformation concerning,the above-referencedcasethat they know or reasonably
shouldknow will havea substantiallikelihoodof n.raterially
prejudicingan adjudicativeproceedingin this
matter to any mediaoutlet, including but not limited to radio, television,and newspaperreporters,and
further to refrain from making any written, oral, or electronic statementoutside of court that any person
contemplatedby said order would reasonablybelieveto be disseminatedby meansof public
communication,including, without limitation, Facebook,Twitter, or any other form of socialmedia.In
support of this motion, the State shows the following:
1. Attorney for the victim's family have filed a Petition for Mandamus and Disqualification,Civil
Action No. SPCVl50oO532("Petition" Attached as exhibit ,{1), seekingto disqualify ,. Meg Heap
[the District Attomey] and the office of the EasternJudicialCircuit Districr Attorney from any
further action in investigatingor presentingcriminal chargesbasedupon the actionswhich caused
the death of Mathew Ajibade" and further askingthat a District Attorney pro temporebeappointed
"in all matters related to the death of Mathew Ajibade." (Pet. i). Plaintiffs conrendinter aliathat
DefendantHeap is barred under Georgialaw from investigatingor presentingcriminal charges
becauseof her relationship with Chatham County Sheriff Al St. Lawrence and her ,,personal
interest" in the outcome of the case.(Id. at ifif 16,29,40). The claims of the victim's family
attorneysare meritless,but regardlessof the merits of the claims, a gagorder is warrantedunder
Georgialaw with respect to this matter for the reasonsaddressedbelow.
Z. Counselfor the victim's family in this action have made extrajudicialcommentsto variousmedia
outlets regardingpotential evidentiaryissuesthat may be addressedat the hearingsor trial in this
action, as well as in the Petition and in a civil suit in this Court, St.Lawrenceu. WSAV' Inc., Civil
(hereinafterthe "WSAV Case"). Specifically,the Stateshowsthe
Action No. SPCV15OO447
following:
a. Most recently,onJune 24,201.5,victim's family attorneys,William Claiborneand Mark

O'Mara, havepublicly accusedthe Stateof "white washing" the casein statementsto
BuzzFeedand the BostonHerald. (attachedas exhibitsA2 & A3). Thesc statements,
includineadditionalspeculationaboutthe actualevidence,havebeenrepeatedin other
nerrr nrrfletq eftrched
rs exhihits A4-A1Z-
b . Victim's family attorney, Williarn Claiborne,has posted commentsabout evidentiary

matters, including the basisfor the arrest of Mathew Ajibade on liis Facebookaccount
(attachedas Exhibit A);
(-
Victim's family attorney) William Claiborne,has posted comments to his Facebook

accountregardingGrandJury responsibilitiesthat accordingto the Petition would form
the basisof a lawsuit againstthe State (attachedas Exhibit B);
d.
Victim's family attorney, William Claiborne,has made commentsto variousmedia outlets

and hasbeen quoted in articlesregardingpotential evidence,how many peopleshouldbe
criminally charged,and the contents of a death certificate,in storiesdating asfar backas
May 8, 2015,andin media outlets as far-reachingas the U.K.'s Daily Mail (attachedas
Exhibits C-N);
Victim's family attorney, Mark O'Mara, has made comments on Twitter and on his blog
regardingthe criminal investigationand policy changesmade by the Sheriff's department,
leadingto speculationfor the basisof thesechanges(attachedas Exhibit O);
Victim's family attorney, Mark O'Mara, has made commentsto variousmedia outlets
and hasbeen quoted in articlesregardingpotential evidence,including claimsregardinga
"beating" and purported cover up, in storiesdating as far back asJanuary612015,and in
media outlets including CNN (attachedas Exhibits P-NN);
g. The State has receivednumerous requestsfor responseto claimsmade by victim's family

arrorneysfrom media outlets (attachedas collectiveExhibit OO), and finally;
h.
Such storieshavebeenbroadcaston air, asshownin Exhibit PP.
It is clear from the abovefacts and associatedexhibitsthat attorneysWilliam Claiborneand Mark

O'Mara havemadeextensivecommentsdirectly addressingpotentialtrial issuesin eachof these
stories.
3. Counselfor the victim's farnilyhave representedthe family of Mathew Ajibadeduringthe criminal
investigationrelated to the death of Mathew Ajibade and have further been involved in the
investigationand litigation of various matters now pendingbefore the Court, including the Petition
and the WSAV Case.Throughout the courseof thesemattersand as demonstratedabove,counsel
-
for the-yictlrr/s-family-havcextensively-engagedin-extrajudi,cial
com.mentarysld-5olieited nedia-----
coverageof the same.Notably, a copy of the Petition was receivedby Dave Kartunen of WSAV
beforethc Statewas even served,as shown in Exhibit MM. Moreover) as evidencedby F,xhibit
NN, Mr. Claiborneis directly soliciting media coverage.
4. Theseindictmentsrelateto the lossof a human life; in such cases,it is of paramountimportanceto
all parties- including the decedent's family, the prosecutingauthorities,any personsaccusedof
wrongdoing,and the public at large - that the fairnessof the judicial processbe preserved.
5. The saturationof the media by the attorneysfor the victim in this casemay prompt the Defendants
and their agentsto feel that they need to respondin kind. Further, two of the Defendantsand their'
attorneyswere presentfor the presentationof evidenceto the GrandJury, and thus havemore
completeinformation than the public at large.While this information is privilegedaspart of the
GrandJury process,the temptation to respondto any inaccuraciesin the media coveragewill be
suong.
6. This caseis governedby Atlanta Journal-Constitutionv. State,266 Ga. App. 168 (2004) and Rule
3.6 of the StateBar of GeorgiaRules of ProfessionalConduct. Rule 3.6, as cited by the Georgia
Court of Appeals in Atlanta Journal-Constitution,266Ga. App. at 169,statesthat
litigation of a
[a] lawyer who is participating or has participatedin the investigationor
matter shall not make an extrajudicialstatementthat a personwould reasonablybelieve
to be disseminatedby meansof public communicationif the lawyer knows or reasonably
should know that it will have a substantiallikelihood of materially prejudicing an

adjudicativeproceedingin the matter.
Comment 5A to Rule 3.6 statesthat " ltlhere are... certainsubjectswhich arerrore likelythannot
to have a material prejudicial effect on a proceeding,particularly when they refer to a civil matter
triable to a jury, a crimirral matter, or any other proceedingthat could result in incarceration."
Such subjectslisted include " the character,credibility, reputation or criminal record of a party,
suspectin a criminal investigationor witness,or the identifyof a witnessor the expectedtestimony
of a party or witnessI " " the performanceor results of any examinationsor test, or the identity or
natureofphysicaievidenceexpectedto be presentedl"and "any opinion asto the guilt or
innocenceof a defendantor suspectin a criminalcaseor proceedingtliat could resultin an
(quoting
App. at 769-77O
incarceration."Id.;SeaalsoAtlantaJournal-Constitution,266Ga.
Directory Rule 7-107(StateBar of Ga.) (repealed2001)),which precededand largelymirrorsthe
subjectslisted in Cornment5A.).
7
As shown by the attachedexhibits,counselfor the victim's family have made statementsreiatedto

this criminal action, the Petition, and the WSAV Casecommentinginter alia on
a. The characterand rcputation of those potentially accused;
b.
The performanceand results of examinations,such as thc autopsy;
c. The credibilityof potentialwitnesses;and

d. The guilt/innocenceof thosepotentiallyaccused,the evidence,and the meritsof the case.
These commentsare violative of the professionaland ethicalrules of the StateBar of Georgiaset
out aboveand demonstratethe desireof the Plaintiffs to manipulaternediacoverageto gain
favorableattention. See,e.g.,United Statesu. Brown,218F 3d 415 (5th Cir. 2000). As such,they are
likely to affect the ability of all parties to have thesecasesadjudicatedby an impartial tribunal.
RockdaleCitizenPublishingu.State,266 Ga.92 (1995).
Furthermore, Rule 3.4(h) of the GeorgiaRules of Professionalconduct prohibits a lawyerfrom
"presentfing], participating in presentfing] or threatenfing]to presentcriminal chargessolelyto
obtain an advantagein a civil matter. " The Petition constitutesparticipation in presentingcriminal
chargesas contemplatedby Rule 3.a(h) in that:
a.
Lawrence as a "potential defendant" to

The petition repeatedlyidentifies sheriff A1 st'
,,potential criminal defendant" and statesthat "his actionsand/or
criminal chargesor
Heap." (Pls'' Pet' i[13;Seeid' atIlfl
inactionsshouldbe under investigationby Defendant
15,16,30);and
Attorney and her office "from any further

b. The petition seeksto disqualify the District
basedupon the actionswhich caused
action in investigatingor presentingcriminal charges
the death of Mathew Aiibade'" (Id' at7)'
--jy
defendants"and "should be under

The identificationof personswho are "potential fcriminal]
from presenting
aSwell as tlre attempt to disqualifya district attorney
fcrirninal] investigation',,
in presentingcriminal chargescontemplated
criminal chargesis preciselythe type of participation
herg, the Petition has bcen brought
Rule 3.a(h). Such pslficjpatio,r i,slmper!0issible-iulier9#
in civil mattersin which counselfor the
with the obvious sole intent of obtainingan advantage
victim,s family are also involved.
'lhe petition repeatedlyrcferencesthe fact that " ft]he Ajibade
family hasclaimsagainstDefendantHeap... which
havebeen assertedin [the WSAV Case]" and
thattheAjibadefamilywillbefilingacivilsuitagainst..anyandallpartiesresponsibleforMathew
11,12,
,.likely" name DefendantHeap asa defendant'(Petitiong[qT
[Ayibade,s]death,, which will
devotedto discussionof the WSAV Casein
39,4I).In f-act,an entire sectionof the Petitionis
whichPlaintiffsherehaveintervenedasdefendants'(Pls'',Pet'1T1T7-1'6)'Itisclearbasedonthe
is to obtain, through the Petition itself and the
Petition that counsel for victim's family's purpose
in the existingcivil caseinvolving the state and
media attention garneredtherefrom, an advantage
anypotendalfuturecivilactionbytlrevictim'sfamilyagainsttheState.
g.Finally,theremedysouglrtbyStatehereinisnarrowlytailoredinthat
the time
a. It is not permanent, but rather is limited to
spanduring which the current
criminal action is pending before the Court;

in any way limit the ability of the mediato
b. It doesnot involve prior restraint and doesnot
lawfullygatherandreporttothepublicnewsrelatedtothismatterland
with this matter from identifying
c. It doesnot purport to preclude any personconnected
and other factual informationwithout
information such as court dates,types of hearings,
comment or opinion with respectto the proceedingsthemselvesor the evidenceadduced

therein.
WHEREF ORE, the State respectfully urgesthis Court to enter an order restrainingthe partiesand
any
counselfor and all agentsof the State, the victim's family, and Defendantsto refrain from making
should
statenents about, or releasinginformation concerning,thesecasesthat they know or reasonably
media
know will havea subsrantiallikelihoodof materiallyprejudicingan adjudicativeproceedingto any
from
outlet, includilg, but not limited to radio, television,and newspaperreporters,and further to refrain
said
making any written, oral, or electronic statementoutsideof court that any personcontemplatedby
by meansof publiccoTlgunie*tin.
believeto be disseminated
orderwouldreasonably
TfirdfuofJune,2015.
133MontgomerySt., Room 600
GA 31401
Savannah,
Tel: 912-652-7308
CHRISTINES.BARKER
GeorgiaBarNo. 645851

STATE OF GEORGIA
STATE OF'GEORGIA
J A S O NK E N N Y
MAXINE EVANS
GREGORY
BROWN
I N o r c r : u E N rN o s .
DErENoeNrs.
This is to certifythat I havethis dayservedthe foregoingSTATE'S MOTION FOR IMPOSITION

asfollows:
OF A GAG ORDER to the followinscounselof recordvia US Mail addressed
WilliamR. Claiborne
The Claiborne
Firrn.P.C.
---- 41Oiasl BavStreelSavannah.
GA 31401
Bobby Phillips
4O28. Liberty Street
Savannah,GA 31401
Willie T. Yancey
P.O.Box 2845
Savannah,GA37402
Gregory Brown
13 Night Heron Way
Port Wentworth, GA
ThirdkyofJune, 2015.
133Montgomery St, Room 600

Savannah.GA 31401
Tel: 972-652-7308
CHRISTINE S.BARKER
GeorgiaBar No. 645857

Matthew Ajibade Case Documents

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sh-ill

OFFICE OF THE SHERIFF

Enforcenent Opetatbrs Admiistratm

Colonel Brian M. Counihan, Sr.

Major Russell A. Smith

Corporal Jason Kenny

investigation by the District Attorney and the Georgia Bureau of Investigation.

consolidated omnibus Budget Reconciliation Act (coBRA) continuation of group health

the County Attorney's Office.

Colonel Brian M. Counihan, Sr.

Enforcement Bureau - PO. Box 10026 - Savannah, CA 31412

Telephone (912) 652-7634 . Fzx l9lZl 652.7 660

OFFICE OF THE SHERIFF

Cololel Thoma M. Ciiberg

Assisttlnt I ail Admi^istrator

Enforcemnt Operatiors Adninis*ator

Major Kimberly G. Middleron

Corporal Maxine Evans

investigation by the District Attorney and the Georgia Bureau of Investigation.

Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation of group health

Enfotcement Bureau - PO. Box 10026 , Savannah.

Telephone (912) 652-7634 - Fax (9lz) 652.7660

OFFICE OF THE SHERIFF

Assiltant I ail Ahninbtratjr

Colonel Brian M. Counihan,

Major Kimbeny G Middleton

Assistant Erforcement Adminbtratcn

Major RussellA. Smith

Major Gloria G. Wilson

Private Eric Vinson

Enforcement Bureau . PO. Box 10026 - Savannah, GA

Terephone (912) 652-7634 . Fax (9r2) 652.7660

OFFICE OF THE SHERIFF

I.!sL\un r I ail Adminis|.Jatot

Enforcefienr OpentiorLt Adminkl:,atot

Major Kimberly G. Middleton

Major Gloria C. Wilson

Private Abram Burns

Colonel Brian M. Counihan. Sr.

Telephone (912) 652-7634 'Fax l9r2) 652-7660

OFFICE OF THE SHERIFF

Enforcenent Operariors AdrninLstratar

Coloncl Brian M. Counihan, Sr.

Major Kimberly G. Middleron

Assiswlt E^[orcement Administratot

Private Christooher Reed

investigation conducted by the Georgia Bureau of Investigation. lrrespective of whether or not

Colonel Brian M. Counihan. Sr.

Enforcement Bureau - PO. Box 10026 - Savanruh. GA 31412

Terephone (912) 652.7634. Fax \9t2), 652.7 660

OFFICE OF THE SHERIFF

Assi,ra t |ail 1lmi^isna@r

Enforcenart Wario s Administraror

Major Gloria G. Wilson

Private Burt Ambrose

investigation conducted by the Georgia Bureau of Investigation. lrrespective of whether or not

Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation of group health

ofthis letter to appeal my decision to Sheriff AlSt Lawrence.

Colonef Brian M. Counihan, Sr.

Enfotcement Bureau - PO. Box 10026 - Sarannah, GA 3l4r2

Telephone (912) 652-7634 . Fax l9l2l 652-766o

OFFICE OF THE SHERIFF

Enforcenmt Ope'anf'x Admink/laror

Major Kinberly C. Middleton