Kilby files challenge to indictment by Blake Spurney a day ago | 0 0 comments | 4 4 recommendations | email to a friend | print Lowanda “Peanut” Kilby has filed two motions challenging her 60-felony count indictment in Rabun County Superior Court related to the Boggs Mountain Animal Shelter investigation. Toccoa lawyer Tim Healy filed a motion seeking to suppress comments Kilby made in front of investigators and another challenging the wording of the indictment. Kilby, 52, is charged with 29 counts each of theft by taking and computer theft and single counts of theft by deception and a violation of the Georgia and Racketeer Influenced Corrupt Organizations Act. She remains free on $100,000 bond. Kilby is the former director of Boggs Mountain Humane Shelter who transferred more than $10,000 intended for the shelter into her own accounts, according to court records. The indictment alleges the thefts took place from Dec. 12, 2011, and July 14, 2012. She resigned in the weeks after a television news story about irregularities with the Lucky Dog/Lucky Kitty program at the shelter. Healy argues in his motion that the allegations in the indictment fail to inform Kilby of what improper conduct she was alleged to have committed. According to him, the theft by deception charge fails to allege that Kilby created an impression of fact when she knew that impression to be false. His motion also argues that all computer theft charges allege that Kilby used a computer without authority to convert funds to her own use. However, the indictment fails to allege that the knowing use of the computer was made with such knowledge that such use was unauthorized. A message left with Healy’s office was not returned. Kilby was questioned by Georgia Bureau of Investigation agents Larry Rudeseal and Brian Whidby and Rabun County sheriff’s Lt. Jack Tanksley on July 19, 2012. Healy is attempting to suppress statements Kilby made while she was in “de facto custody of law enforcement officials, without the benefit of Miranda warnings ...,” the motion claims. Kilby was not under arrest at the time, and most of the evidence obtained against her came from bank and computer records. Assistant District Attorney Maggie Hastings said she tracked the language of the statutes involved when she drafted the indictment. “We’ll be prepared to argue all motions on motion day,” she said. Kilby is scheduled to appear before Judge Russell “Rusty” Smith on Feb. 18. More Sharing Services Share This Article | Share on facebook Share on twitter Share on digg Share on fark similar stories Violet LeFay Thompson | 22 days ago Our Opinion: No better example of the need for change | 15 days ago Clayton ordered to pay $43,000 | 15 days ago Groom jailed until murder trial | 29 days ago Wildcats stumble against Washington-Wilkes | 22 days ago Read more: The Clayton Tribune - Kilby files challenge to indictment
Posted on: Fri, 15 Nov 2013 20:13:33 +0000
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