David Gibson sought deal; offered to turn over evidence of alleged SCSO crimes

Publisher’s note: This is the first in a series of articles detailing discussions that took place between the Spalding County District Attorney’s Office, the Georgia Bureau of Investigation and David Gibson that indicated Gibson was willing to provide information pertaining to alleged criminal activity at the Spalding County Sheriff’s Office.
David Wayne Gibson, the former captain of the Spalding County Sheriff’s Office Uniform Patrol Division who is now serving a three-year prison sentence for violating his oath of office, sought consideration from the Griffin Judicial Circuit District Attorney’s Office by attempting to provide information on criminal activity Gibson alleged was taking place at the Sheriff’s Office.

SHEILA A. MATHEWS :::

Through a series of Open Records requests, The GRIP obtained the Georgia Bureau of Investigation case file upon which Gibson’s arrest and subsequent 14-count indictment were based. Referenced in the evidence list of that case file is a proffer agreement submitted by Larkin Lee, Gibson’s criminal defense attorney, to then-District Attorney Scott Ballard.

However, the proffer agreement itself was not included in the case file. Despite the submission of an Open Records request, the GBI refused to release the proffer agreement.

The GRIP ultimately obtained that legal document through the submission of an Open Records request to the Fayette County government, which continue to maintain the email server for the Prosecuting Attorney’s Council email account utilized by former District Attorney Scott Ballard.

That proffer agreement states, “Dear Scott, Per our conversation, I am offering this proffer as to matters I believe Mr. Gibson could assist with in regard to possible unlawful activities at the Spalding County Sheriff’s Department. This assistance could relate to the following:

Possible illegal activity in the Narcotics Division of the Sheriff’s Department, including unlawful seizure of property and misuse of seized property by individual agents.
Possible evidence tampering and manipulation of evidence by individuals in the Criminal Investigation Division of the Sheriff’s Department.

Possible accounting and financial irregularities within the Sheriff’s Department.
Possible violations in regard to GCIC certifications, procedures and/or misuse.”
Lee went on to state, “Mr. Gibson is more than willing to provide complete and truthful information to the best of his knowledge.”

Gibson was originally indicted on one count of aggravated assault, two counts of aggravated sexual battery, one count of public indecency, one count of sexual battery, one count of simple battery and one count of violation of oath by public officer.

In addition, Gibson was also charged with seven additional counts of violation of oath by a public officer related to other alleged criminal and other acts.

Gibson ultimately plead guilty to two counts of violating his oath of office, and was sentenced to three years in prison.

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