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Indictment in January jail death

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  • 8/21/2019 Indictment in January jail death

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    2015

    Indictment No.

    15CHM01205/X1506021, X1506022, X1506023

    n the Superior Court of Chatham County, State of Georgia

    JUNE TERM 2015

    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 THUI\IIBPRINT(S) OF DEFENDANT

    (left) (right)

    FOREPERSON DATE

    THE STATE OF GEORGIA

    VERSUS

    JASON PAUL KENNY,

    MAXINE EVANS

    and

    GREGORY BROWN

    (SPECIAL PRESENTMENT)

    WITNESS(ES):

    Agt. Cyrus Purdiman, GBI (Statesboro)

    Inv. Nicole Meyers, CCSO IA

    Dr. Stacey Desamours, GBI Crime Lab (Atlanta)

    Meg Heap

    District Attorney

    Eastern Judicial Circuit

    o

    Georgia

    CHRISTY BARKER

    ASSISTANT DISTRICT ATTORNEY

    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

    )

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    BILL :J.

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    STATE OF GEORGIA, COUNTY OF CHATHAM

    BILL OF INDICTMENT

    IN

    THE SUPERIOR COURT OF SAID COUNTY,

    SPECIAL PRESENTMENT)

    THE GRAND JURORS selected, chosen and sworn for the County

    of

    Chatham to wit:

    1. Marilyn Solana, Foreperson

    2. Catherine Akins

    15. Rhonda Johnson

    3. Jennie Battle

    16. Bryan Jones

    4.

    Gloria Bryant

    ,,:\7. DB O id L o l H ~

    5.

    Loretta Calvert

    18. Dale Lepisto

    6. Paulette Christie

    19. Kenny Siu Quinones

    7. Amelia Croft

    20. Jamecia Ready

    8. Linda Cook

    ~ 1 .

    CotA8fiA9 RobinsoA

    9. Tonja Davis

    22. Peggy Todd

    10.

    Roseanne Dickerson

    23. Victoria Yates

    11.

    Brian Hagan

    24.

    12. Tammy Harris

    25.

    13. Mike Holland 26.

    14.

    Kristy Horbachefsky

    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

    human being, by using excessive force, contrary to the laws

    of

    the State

    of

    Georgia, the good order,

    peace and dignity thereof.

    c

    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

    thereof. .

    \..ifl

    K

    VA..

    COUNT

    3:

    AGGRAVATED ASSAULT, O.C .G.A. 16-5-21

    T

    ( U

     e....,....

    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 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.

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    COUNT 4: CRUELTY TO INMATE, O.C.G.A. 42-4-5 q r lle

    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 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

    force, contrary to the laws of the State of Georgia, the good order, peace and dignity thereof.

    < 1J

    up

    COUNT

    5:

    INVOLUNTARY MANSLAUGHTER, O.C.G.A. 16-5-3(a) T f l.l €,

    And the jurors aforesaid, in the name of and

    on

    behalf of the citizens of the State of Georgia, further

    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 '

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    $-1

    COUNT 8: PUBLIC RECORD FRAUD, O.C.G.A. 45-11-1 True.. v.tl

    And the jurors aforesaid,

    in

    the name of

    and on

    behalf of the citizens of the State of Georgia, further

    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

    And the jurors aforesaid,

    in

    the name of and on behalf of the citizens of the State of Georgia, further

    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.

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    MEG HEAP

    DISTRICT ATTORNEY

    EASTERN JUDICIAL CIRCUIT

    OF GEORGIA

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