The Coffee County Grand Jury today has issued a Special Presentment, charging Paul L. Nally and Bobby Worthy with Filing False Documents.
On March 5, 2021, a Petition was filed with the Clerk of Court, allegedly by Mr. Nally and Mr. Worthy, requesting that they be given an opportunity to present evidence to the Coffee County Grand Jury and requesting that they file a Special Presentment. In Georgia, if evidence of criminal conduct comes withing the knowledge of a Grand Jury, the Grand Jury may file a Special Presentment, charging a person with a crime. A Special Presentment functions the same as an indictment, only there is no “prosecuting witness” as the evidence is within the Grand Jury’s knowledge.
The term of the then-impaneled Grand Jury was set to expire within a little over a week and thus, they were unable to review the filing. Today, on May 26, 2021, the currently impaneled Grand Jury was provided a copy of the filing for review. After review, the Grand Jury declined to hear any additional evidence regarding the allegations contained in the Petition and declined to file the requested Special Presentment.
However, as the Petition came within the knowledge of the Grand Jury, the Grand Jury issued a Special Presentment against the alleged filers, Paul L. Nally and Bobby Worthy, based upon the materially false representations contained within the Petition. In Georgia, it is a crime for any person to knowingly file, enter, or record any document in a public record or court of this state knowing, or having reason to know, that such document contains a materially false, fictitious, or fraudulent statement or representation.
After the issuance of any Special Presentment, a bench warrant is issued by a Superior Court Judge and all persons charged are arrested and their cases continue on as any other case.
This Special Presentment is a charging instrument and is not evidence of guilt. All persons charged with crimes are innocent unless and until proven guilty in a court of law.