Former Fulton County Jail Detention Officer Charged with Using Excessive Force and Obstruction of Justice

March 25, 2010 - ATLANTA, GA—LEE M. HUTLEY, 31, of Austell, Georgia, a former detention officer at the Fulton County Jail, has been indicted by a federal grand jury on two felony charges for using excessive force against an inmate and one felony charge for writing a false incident report in an effort to obstruct any investigation of the assaults. HUTLEY made an initial appearance late today before United States Magistrate Judge Alan J. Baverman.

United States Attorney Sally Quillian Yates said, “Under no circumstances can we allow a detention officer to abuse his power to commit violent assaults on an inmate, nor can we stand by and allow that officer to lie about what he has done. The overwhelming majority of Georgia detention officers serve with honor—and many times under very trying circumstances. However, those who abuse their authority by breaking the laws they are meant to enforce will be prosecuted.”

According to United States Attorney Yates, the indictment and information presented in court: On March 6, 2009, HUTLEY, working as a detention officer at the Fulton County jail, allegedly used excessive force when he unnecessarily pepper-sprayed an inmate who was handcuffed at the time. Later, just after the inmate was decontaminated from the spray, HUTLEY allegedly struck the same inmate repeatedly, resulting in bodily injury to the inmate. The indictment alleges that both assaults violated the inmate's constitutional right not to be deprived of liberty without the due process of law. The indictment further charges that HUTLEY later wrote a false incident report about the events with the intent to obstruct any investigation of the matter. HUTLEY was terminated by the Fulton County Sheriff’s Department as a result of the alleged incidents.

Members of the public are reminded that an indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove the defendant's guilt beyond a reasonable doubt at trial.

This case is being investigated by the Federal Bureau of Investigation.

Assistant United States Attorneys Brent Alan Gray and Angela M. Jordan are prosecuting the case.