Cobb awaits ruling on charges against former EMC head
by Lindsay Field
July 06, 2013 12:28 AM | 4468 views | 5 5 comments | 32 32 recommendations | email to a friend | print
Dwight Brown
Dwight Brown
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MARIETTA — The Cobb County District Attorney’s Office is awaiting a Georgia Supreme Court decision on whether to uphold an appeals court ruling related to a laundry list of charges against former Cobb EMC CEO Dwight Brown.

They are also waiting to find out if Brown’s attorneys with Barnes Law Group LLC in Marietta will be appealing a late-June ruling related to a second indictment filed by the district attorney’s office.

The grand jury handed down a 31-count indictment against Brown, accusing him of racketeering, fraud and theft of assets in January 2011.

Two months later, Cobb County Superior Court Judge Robert Flournoy threw out Brown’s indictment on grounds that it wasn’t delivered in open court, but then-Cobb District Attorney Pat Head filed an appeal.

Judges with the Georgia Court of Appeals agreed with Flournoy’s original decision, but the local district attorney’s office appealed that decision as well.

Vic Reynolds, who took the helm at the local district attorney’s office in January, said the Georgia Supreme Court should make a decision on the first indictment sometime over the summer.

A second 35-count indictment, which included four additional charges accusing Brown of threatening to file a lawsuit against customers who cooperated with the prosecution, was filed in July 2011.

The former Cobb EMC chief’s attorneys appealed Flournoy’s decision to uphold the charges and last week all but the four newer charges were OK’d to proceed to trial by the state Court of Appeals.

The panel of judges, Gary Andrews, Stephen Dillard and Carla Wong McMillian, said Flournoy should have dismissed the threat charges originally because it does not constitute a threat of injury or damage under state law.

Kim Isaza, a spokeswoman with Reynolds’office, said they have not heard from Brown’s attorneys on whether they would appeal that decision.

“At this point, we are still waiting,” she said Friday about both indictments.

Attorneys for Barnes Law Group were not available for a comment before press time Friday.

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Dwight Brown

• 1993: Dwight Brown named president of Cobb EMC

• April 2009: Agents of the Georgia Bureau of Investigation and the Cobb County Sheriff’s Office raid the offices of Cobb EMC and Cobb Energy and the homes of Brown and directors Larry Chadwick, David McGinnis and Dr. Frank Boone.

• Jan. 2011: Grand jury criminally indicts Brown on 31 counts of racketeering, fraud and theft of assets. He is booked into Cobb County jail and released on a signature bond.

• March 2011: Superior Court Judge Robert Flournoy throws out Brown’s indictment on grounds it wasn’t delivered in open court. Prosecutors later appealed.

• July 2011: Brown is re-indicted on the same charges plus four more. This time, he rides to jail handcuffed in the back of the sheriff’s car. Brown’s attorneys later appealed.

• April 2012: Georgia Court of Appeals throws out first indictment but Cobb District Attorney’s Office appeals to Georgia Supreme Court.

• July 2013: Georgia Court of Appeals upholds Flournoy’s decision on second indictment. Georgia Supreme Court should be ruling on first criminal indictment over the summer.

Comments
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alistairB
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July 06, 2013
with roy barnes pulling some strings, this crook will beat the rap--book it! roy knows all the tricks.
West Cobbian
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July 06, 2013
Justice is way overdue for this crook. Once the Court clears away Roy Barnes' pitiful excuses for this man's crimes, I sincerely hope that other unindicted co-conspirators/perpetrators/supporters of Brown's crime (then BOC members as well as management who allowed and supported these illegalities) get their day in court. Jail is really too good for them but it's at least a partial recompense. God bless Bo Pounds and Butch Thompson for their heroic part in bringing down the Dwight Brown regime.
Pat H
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July 06, 2013
Justice delayed is justice denied. EMC ratepayers cannot choose their electric provider - and we as owners have not received capital credits while Brown and his corrupt board deviously squandered profits belonging to the owners.
West Cobb EMC
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July 08, 2013
Leave Dwight Brown alone, enough with the mud slinging. Brown thought he was doing something good for Cobb EMC customers and it didn't work out. Why does MDJ continue to bring a good man down by printing garbage. Why not let Bo and Butch pay for the lawsuit since they brought it on. They are rich with nothing to do but cause trouble, hit em with the purse strings and maybe, just maybe they will mind their own business!!
Harry A
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July 18, 2013
Let's see, $13 million for the Cobb Energy Galleria naming rights, loss of the non-profit status for the EMC, inflated costs for the call center, no re-payment of Capital Credits. Mr. Cobb EMC, cut me a check for $1,000.00 and I'll leave MR. Brown alone. I won't go into the millions to Plant Washington and Power4Georgians.

Say hello to Dwight when you see him across your back fence.
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