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IN THE MAGISTRATE

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COURT OF CLAYTON COUNTY

STATE OF GEORGIA CASE NO: 2012-CW-11813

JOHNNY L.
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DAVIS, JR. PETITIONER,

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) ) ) ) )
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JOSEPH BERNARD DEAN, RESPONDENT.

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PRE-ISSUANCE

HEARING

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II

The above entitled matter before the HONORABLE

came on for hearing JUDGE, on August Courtroom

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CURTIS MILLER,

13, 2012, in the Clayton County Magistrate


201.

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* * * * * * * * *
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FOR THE PETITIONER:


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PRO SE:

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FOR THE RESPONDENT:


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PRO SE:

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PRO
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C E E DIN

G S and witnesses who are

THE COURT:

Okay.

All parties here please

going to be witnesses in. Everybody

stand.

Let me swear you

raise your right hand. you're about to

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Do you swear or affirm the testimony give this Court is true under penalty ALL PARTIES: THE COURT: THE AFFIANT: THE COURT: I do. All right. I am. You're Mr. Dean? Yes.

of perjury?

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Who's Mr. Davis?

You're Mr. Dean?

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THE RESPONDENT: THE COURT: outside.

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All right.

I want all witnesses

to go

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We'll call you in when we need you. your testimony with anybody while

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Do not discuss outside.

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(Whereupon, the rule of sequestration all witnesses courtroom, following THE COURT: was invoked left the and

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after which the transpired.) Mr. Davis. what I'm for truck

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You can take the podium, sure I'm understanding

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And let me make listening for.

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You want to have Mr. Dean arrested of a Freightliner tractor,

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taking possession illegally?

tractor

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THE AFFIANT:
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Yes. That's basically Yes, sir. So, you're saying -- who has possession what we're here for?

THE COURT: THE AFFIANT: THE COURT: of this vehicle? THE AFFIANT: it to somebody THE COURT: THE AFFIANT: THE COURT: THE AFFIANT: THE COURT:

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r found out after the fact that he sold

else. Okay. So it's been sold?

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Right. And he sold it? Correct. All right. Go ahead now.


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JOHNNY L. DAVIS was called as a witness having been previously as follows: DIRECT
BY THE COURT:

JR. of the affiant and

on behalf

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sworn, was examined

and testified

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EXAMINATION

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Q
A

You can make out your case.

r brought my truck to Mr. Dean, he's been by mechanic


(15) years. I actually had my brother drive it

for over fifteen

down from Harrisburg


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specifically

for him to fix the rear-end.

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Harrisburg? Pennsylvania. Pennsylvania. -3-

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A
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I'm sorry.

For him to ...to fix the rear-end to help his business.

because

I was trying to give him business Q A Q

Now where is this shop located? Off of 85, Highway You brought 85.

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your truck all the way from Harrisburg,

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Pennsylvania-A Q A Harrisburg, Pennsylvania --

- to get a rear-end - to get a rear-end

fixed? fixed. I could have got it done

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up there but I brought here. Q Are about twelve (12) states in between here and

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Pennsylvania? A Q A work. Something All right. like that. Go ahead. it down. He was supposed to do the I mean it's some miles.

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And I brought In the process

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of him doing the work I let Mr. Dean know dollars

that I was selling a '95 reefer I had for four thousand ($4,000.00) to pay him for the work he was doing. asked me could you let me have the reefer him cash because instead

Mr. Dean of me giving

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he had a friend that he knew that was going to with his truck, 'cause he

use the reefer to use as collateral

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wanted to get the engine rebuilt but he didn't have the money. Q And reefer means a refrigerated Right. Is that what you're talking about? -4trailer?

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A
Q

A
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I'm sorry. Okay.

Yes, sir.

A reefer

--

Go ahead. (48) foot reefer trailer. So me

_ forty-eight

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knowing him all them years I didn't get nothing didn't think twice about it. trailer, I left thinking Signed the title,

In writing, taking him the

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we done, over with. who uses it to Mr. He got

He gives the trailer to Mr. Chris Everhart get a loan to get his engine rebuilt. Everhart

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And Joe thought

was going to let him do the work but he didn't. dollars ($10,000.00) and went somewhere else.

ten thousand

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Now while all of that was going on I was, pretty much taking care of my family. And in the process of doing that I'd --

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corne to Mr. Dean to get my truck and he give me the excuse well, he didn't have to give me an excuse.

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It was still leaking

out of the rear-end; truck. wasn't

and I would say, Joe, I'm corning to get my And he give me some reason why it

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It's not fixed.

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fixed and this went on and on and on. Through the process of time I went in in May to pay my ad

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valorem

tax on this same truck and was told, sir, this truck is It's no longer yours. My mechanic has it. I said, how could this truck And that's when they told

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abandoned.

be abandoned?

Joe Dean had -- I guess, applied in some way and said I had abandoned the truck. But I didn't know nothing until May

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around May 15th of this year that the truck was no longer mine. Q So he went and he got a Court Order for an abandoned

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motor vehicle?
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And I didn't

know nothing

about none of that.

didn't know ... I had no clue. Q A


Q
A

Have you got any paperwork? None of that. Have you -Even when we went -Have you -I'm sorry. Stop a minute. Listen. Have you went to the court was abandoned Even when we went --

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Q
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where the order was made to -- that the vehicle and gotten that title? A No, sir.

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That's what I'm trying to say.

I know to the We signed

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nothing about that. Department paperwork

We went to the -- we sent letters Department of Revenue.

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of Transportation,

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here to the District Attorney.

And I'd have to look we were trying And then we go give us any in my

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at my paperwork

to see the fourth person because We had no clue.

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to find out how did he do this.

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to DeKalb County tag place, they said they couldn't personal name. information on the title because

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it was no longer

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And I said, where do I go to find out how he did this? they sent me they'd send me somewhere Stop a minute. else.

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And everywhere
Q

Okay.

The county where the shop is

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located you left your truck is what county? A Clayton. -6-

Q
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Okay. Yes.

Did you go to Clayton County --

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Q

_ Abandoned

Motor Vehicle and ask did they have a

file on your truck?

A Q

And they said they couldn't Okay. Do you

give us any information.

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we -- we handle that here? That's

Y'all handled right

handle that in Mag. court, right? here in Magistrate THE CLERK: Courtroom,

isn't it?

((Response was not heard.)

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THE COURT: Mr. Dean, did you follow the legal procedures to get the legal right to sell that vehicle? Yes, sir. I have all my documents

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THE RESPONDENT: here. THE COURT: Okay.

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Let me see your documents

then.

And have you shown them to Mr. Davis? THE RESPONDENT: certified Finance. As a matter of fact this was the to Mission

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letter, and I have all the documents I did the title search.

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I read the --

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THE COURT:

Just tell me - what was my question? You asked me do I - did you see the

THE RESPONDENT: documents? THE COURT: Davis? THE RESPONDENT:

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No, I asked have you shown them to Mr.

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Well, he -- I sent the letter out to

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him.
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He -- he's not telling,

with all due respect,

Your

Honor THE COURT: is real simple. THE RESPONDENT: THE COURT: No. I look at them -No, no, no. See, this be simple. This

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Before

THE RESPONDENT: THE COURT: them. him? them. THE RESPONDENT: THE COURT:

No.

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- I want to just make sure he's seen to you is have you shown them to

So my question

So that the Clerk would know to let him look at

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No. have to.

If he's seen them she doesn't

She just gives them to me. THE RESPONDENT: THE COURT: No. all I'm asking right now.

That's

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THE RESPONDENT: THE COURT: Okay.

No, sir.

THE RESPONDENT: THE COURT: documents

Can I sift on the information?

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You can, but give the Clerk your legal

that gave you the right to sell the vehicle.

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Let her be showing them to Mr. Davis and then you can continue to tell me something else. were

(Whereupon, documents given to the Clerk,

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after which -8-

the following transpired.)


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THE COURT:

Okay.

Go ahead. Uh-I think.

THE RESPONDENT: THE COURT:

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You need to come to the podium Oh, okay.

THE RESPONDENT: THE COURT:

I don't think it records as well if you

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all are not at the mike. THE RESPONDENT: THE COURT: Is this the --

You've got to get up there first. I'm a little nervous.

THE RESPONDENT: THE COURT:

That's all right. Is this the chance where Because I can of

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THE RESPONDENT:

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kind of say what happened?

I got a -- what I was

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going to ask you - I kind of forgot what I was just going to ask you. actually But since I'm here I wanted to tell you what

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happened. Go ahead. Okay. You can. What actually happened is,

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THE COURT:

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THE RESPONDENT:

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like Johnny said we been know~ng twenty years. Johnny's

each other fifteen, One of up.

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truck was in Harrisburg.

his trucks was in Harrisburg

and the engine was messed

So people that worked on the truck was charging He said that he told them to stop, right? another truck with rear-end

him money.

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But he had So

tore up out of it, right?

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he had his brother

to bring the ...the '01 the Freightliner -9-

I have, had his brother


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to bring that truck down there

to

my shop, right? truck in my shop. finished

So here's the work order where he put the He put the truck I finished in my shop.
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the truck Okay?

the truck September all --

the

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21st, 2011.

So he kept making

THE COURT:

Wait.

Don't put your paperwork

back up.

Leave it out there if you want me to look at it. THE RESPONDENT: Okay. He a he kept making it --

trying to go around all kind of ways. on credit

Let me let him go

and let me let him run, this that and the other. want

I've done that before with Johnny and Johnny always to be slow about paying. economy couldn't Well because

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of the way the so I

is at this point in time I needed my money, just let Johnny go like that.

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And, Your Honor, when he said something that trailer, Everhart fixed. that trailer with Everhart, for collateral

to you about

yes, he let

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use the trailer

to get his motor in Christopher

That deal was with -- the trailer's name. I never took possession

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Everhart's

of the trailer.

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I never had the trailer. possession of the trailer.

And, Your Honor, he still have So, that what he telling you

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right there,

that's not the case. He wanted the truck to

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So Johnny wanted the truck. go run.

And then talking about he was going to try to pay


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me back payments.

didn't let the truck go.

So he comes -10-

up with the truth.


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He wanted me to wait on Everhart

to

pay him.

I can't wait on Everhart.

I ain't got nothing So he tells me, So we had a I did

to do with that deal. you ain't getting few words. Johnny

I need my money.

no money out of me no way. left.

He left around October. I tried to call

not hear nothing Johnny.

else from Johnny.

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I even tried to call his sister because And when

I been

knowing them for a long time. him, no calls.

I tried to call

He comes back like in -- I think it was January, February, March,

like, let me see, February, April

- it was either like March

like either

round about

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March 27th or something

like that.

Well he gave me a Do you

phone call and he said Joe, where is the truck at? have my truck? of the truck.

I said, yeah, but A.J. has taken control So A.J., which is Arthur Jeffrey, he -- I okay?

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signed the truck -- I signed the truck over to A.J., And when I did, I filed the paperwork. documents.

I filed my legal

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We went down there and we filed the paperwork. That's the Abandoned Yes, sir. Motor Vehicle?

THE COURT:

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TE RESPONDENT:

And I got the Court Order. So,

He has the Court Order and all, well, you have that.

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when they gave us -- they gave us the title to the truck. Well, Mr. Davis, he comes up, Your Honor, document shop. here he brings another apd on this in my So, I
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one of his trucks to fix that.

He didn't have all the money

fixed the truck.


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Somebody

had stole his headlight FLD at my shop.

bezel

off his truck. headlight something

I got another

I took the and

bezel off of my truck which cost two hundred dollars. I told -- I let Johnny use it.

He was

supposed to pay me, excuse me, he was supposed _ put my headlight put on the FLD.

to pay me to

bezel back after he got the money truck.

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Now this is a different

This is a

__ this is a '99, after the fact that we're going through this issue. He agreed to buy the truck back from A.J ..

He said, give him three to four weeks that he would buy the truck back from A.J.. We thought everything was okay.

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He bring this truck in here, I finished


5th.

it all on May the

He turned right back around and go and get the police

and try to charge me - and this is a 911 report right here, for auto theft for stealing his vehicle. the police carne up there the police Get it. So when

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asked me he said, you

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have this man's truck?

And I said, well Officer

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can I show you my documents.

So he showed the documents. carne

And so he said, well this is the 911 when the Officer out. This is the other truck. After I had fixed that

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truck he brought more work to me.

And then he a -- so

when this is -- this -- then it went all to well, Mr. Gabriel. have THE COURT: This is a '99? This is the '99 truck -12Mr. Gabriel had possession of the truck. And I

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you're talking
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about? No. The one Mr. Gabriel has

THE RESPONDENT: possession of?

The one he's saying I stole? Yeah. That's the '01.

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THE COURT:

THE RESPONDENT: THE COURT:

Right. This is the

THE RESPONDENT: me. THE COURT: the '01? THE RESPONDENT: the '01 is actually

'99 that he brought to

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So how did Mr. Gabriel

get possession

of

How did Mr. Gabriel I sold it to him.

possession

of

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After ...after the well I sold it to

filing date of the Order and everything, Mr. Gabriel for the bill.

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And that's what the Order

that Foreclosed

on the Order said. he -- we went down to the title place

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So, Mr. Gabriel

and this is a copy of the title of where it was in Mr. Gabriel's name. So the police when he pulled the report

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headquarters

called him back and told him the truck was Gabriel's. So I don't know what he told

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Arthur Jeffrey Johnny.

I asked him to tell Johnny not to come back to my

place of business. So then Mr. Gabriel the Department discrepancies of Revenue in here. got this.very first letter from some

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saying that they -- there's Johnny

So I don't know where

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called or whatever.
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So they said, first of all I supposed


I showed

to have -- I did an ad.

them proof

I did an ad.

Then they tells me they said, well, no, you were supposed to do a mechanic lean. And I talked to Attorney Brown

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across the street and -THE COURT: advise Okay. Don't tell me what you -- legal

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you got from a lawyer. I apologize.

THE RESPONDENT: THE COURT:

(Inaudible) . And a -- well on this here they sent So Mr. Jeffrey --

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THE RESPONDENT: this to Mr. Jeffrey. THE COURT:

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Let -- let me ask you a question. Yes, sir. Incorporated,

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THE RESPONDENT: THE COURT: Convenent? THE RESPONDENT: THE AFFIANT:

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Who is Owned to Operate

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Mr -- Mr. Davis.

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That's -- that's my company. Well he has so many companies I didn't Okay. ask all that.

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THE RESPONDENT: THE COURT: Okay.

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THE RESPONDENT: THE COURT:

All right. (CONTINUED)

DIRECT EXAMINATION BY THE COURT: Q


A

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Mr. Davis Yes. -14-

Q
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Apparently,

Mr. Dean has gone through

the legal

procedures

to -- to gain the legal rights to sell your vehicle under the laws of the State of Georgia for

for abandoned abandonment


A

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vehicles. Yes, sir. And I see where letters had gone not only to that

Q Lithonia Lithonia address

address address

but also this one was returned. and something else showing

That's

the an Get

it went to a

in Stone Mountain,

909 Rays Road in Stone Mountain, to the address on your

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to Go Transport, warrant
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which corresponds

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application. I didn't get it. it. But what I'm for And if

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So - well, you may not have gotten

going to tell you why I'm not issuing an arrest stealing it is because

warrant

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he had some legal claim of right. did it or did it

you want to pursue unlawfully. Didn't

saying he illegally follow the law. case.

Then that's

a civil case.

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It's not a criminal

So it's going to be a civil case. You can grab your paperwork and

You okay, Mr. Dean. sit down.

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I'll let Mr. Davis say something. Sir, in order for him to file an

THE AFFIANT: abandonment

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that meant he didn't talk to me for that five he said, correct? No. I don't know. He got an Order. It's already a done

or six months

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THE COURT: deal.

He filed it.

And it's -- and he -15-

sold the truck afterwards.


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If there's anything

wrong with

that process that's why you get a notice and you get these letters no. so you can come to Court and say no. So he has -No, no, no,

But you didn't do that. THE AFFIANT: THE COURT: I--

Listen, Mr. Davis.

He has a legal right County

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to possession Magistrate a warrant

of the truck based on a Clayton

Court Court Order. against

So, I'm not going to issue

him with him having a legal right.

That's a dead case for the D.A.'s office right there. Because Order. truck. in his defense he's going to show this Court The value of the

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You can sue him for your money. You need to file a lawsuit. the procedure

If you think he has not

not followed

you need to file a lawsuit

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have him arrested. Now, go ahead. THE AFFIANT: lie. THE COURT: THE AFFIANT: THE COURT: But it -Everything. Except what's not a lie is he got a Court Court Order. First, everything he said to you is a

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Clayton County Magistrate THE AFFIANT: THE COURT: here today.

But he lied to get it. But that's not my -- that's not my job

My job is to decide whether

or not you have


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sufficient
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evidence

for me to issue a criminal

arrest

for

him.

And I find that you do not.

He has a legal Court Court, by a

Order filed here in the Magistrate's Magistrate did.

Court Judge giving him the right to do what he he was case.

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Now, whether he had the right, whether is for a civil case not a criminal is denied. May I ask something,

truthful

Your application THE RESPONDENT: THE COURT:

Your Honor?

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Go ahead.

What do you want? But I -- I apologize. This is the second time

THE RESPONDENT: My question

I apologize.

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is this, Your Honor.

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that Johnny done tried to have me arrested. THE COURT: Okay. I can't give you legal advise. I'm not a lawyer. You

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That's not my job.

I'm the Judge.

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say you got a lawyer across the street? THE RESPONDENT: THE COURT: All right? Both of y'all need to go see y'all lawyers. THE RESPONDENT: THE COURT: Are we dismissed? dismissed. Thank you. (Whereupon, the hearing concl uded. ) was Uh-huh. Johnny.

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You go talk to your lawyer about

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You're

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THE RESPONDENT:

Okay.

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-17-

TRANSCRIPT
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LEGEND
contains quoted material.

The following Such material

transcript

is reproduced

as read or spoken. a dash (--) indicates of a sentence. an

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In the following unintentional An ellipsis unfinished

transcript

or purposeful (... )indicates

interruption a halting

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speech or an (s) of word

sentence

in a dialogue

or omission

(s) when reading

written material. transcript (sic) denotes an

In the following incorrect

usage or pronunciation in its original

of a word which is

transcribed

form as reported. (ph) indicates a phonetic

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In the following

transcript

spelling of the word if no confirmation spelling is available. transcript, and "uh-uh"

of the correct

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In the following affirmative response. response,

"uh-huh"

represents

an

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represents

a negative

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-18-

C E R T I FIe
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ATE

I, Jerri L. Brooks, Reporter,

Official

and Certified

Court the above the

do hereby certify that I transcribed from a recording provided

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and foregoing benefit

to me without

of a court reporter being present, 2012, and it is a true, accurate of the testimony captioned

on the 13th day and complete in the

of August, transcript enclosed


I

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herein

styled action to the best of my ability. certify that I am neither kin nor counsel to

further

any of the parties cause named herein.


I

herein, nor have any interest in the

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further certify that my charges Council.

are In conformity

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with the Judicial WITNESS November,

my hand and official

seal this the 29th day of

2012.

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~Bt~k?~

Official & Certified Court Reporter, Certificate No: B-850

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