4 MCSD board members ask Gov. Deal, 7 judges to call in GBI

Aug. 29--Four of the nine members on the Muscogee County School Board have sent a letter to Gov. Nathan Deal and the seven Superior Court judges in the Chattahoochee Judicial Circuit requesting that any or all of them call for the Georgia Bureau of Investigation to "examine certain instances of potential wrongdoing within the Muscogee County School District."

The four board members who signed the letter dated Aug. 28 are John Thomas of District 2, Vanessa Jackson of District 3, Mark Cantrell of District 6 and Frank Myers of District 8.

The "potential wrongdoing" includes "but is not limited to" the Montravious Thomas and Roy Newman cases, the letter says.

Montravious, then 13, is the student that contracted behavior specialist Bryant Mosley allegedly body-slammed "no less than" five times while disciplining Montravious Sept. 12 in the alternative education AIM Program at the Edgewood Student Services Center, where staff failed to get him medical treatment and sent him home on a bus, according to the $25 million lawsuit filed on Montravious' behalf. His right leg was amputated below the knee Oct. 18.

Newman is the MCSD bus driver who died when his replacement bus crashed into a tree Aug. 22, injuring the seven students on board.

Nearly one year after Newman's fatal accident, the Columbus Police Department released last month results of its investigation of the single-vehicle crash and concluded that, although the "exact reason" Newman's bus left the roadway Aug. 22, 2016, "is unknown," he was speeding and not wearing his seat belt, which was a "large contributing factor in the direct cause of the accident itself," according to the CPD investigation's summary.

But also nearly one year after Montavious' injury, the CPD hasn't released results of that investigation. CPD Lt. Consuelo Askew, the lead investigator on the Montravious case, told the Ledger-Enquirer on Aug. 16 to call her the following week for an update, but she hasn't been reached for comment since then.

Askew also is employed by MCSD as a part-time school resource officer and was on duty at Edgewood when Montravious was injured.

The letter from the board members doesn't specify any allegations of wrongdoing within MCSD but requests "that the GBI interview school board members as well as present and former employees of the Muscogee County School District who have information relating to misconduct."

The letter accuses District Attorney Julia Slater of "inexplicably" terminating the GBI's investigation "four days after it began in December of last year" and requests her to "recuse herself from participation in either the investigation or prosecution of matters brought to light pursuant to this request."

In a Dec. 1 letter to Special Agent in Charge Fred Wimberly of the local GBI office, Slater, after meeting with Myers and Thomas, requested the GBI to assist in the investigations of the Montravious Thomas and Roy Newman cases, including "any efforts to misrepresent information or fail to disclose information if such misrepresentation or failure to disclose would violate a criminal law."

The GBI, however, declined to get involved. Nelly Miles, the bureau's public affairs director, told the Ledger-Enquirer in an email then that the GBI wouldn't conduct "separate investigation at this time" because of the CPD's active investigation.

Miles told the Ledger-Enquirer in an email Tuesday, "The GBI did not pursue a criminal investigation into the allegations of wrongdoing in Muscogee County because the Columbus Police Department was conducting its own criminal investigation. This decision was made in consultation with District Attorney Slater. DA Slater did not interfere with a GBI investigation into the aforementioned matters. At this time, the status of a GBI criminal investigation remains unchanged."

Considering that the CPD has concluded its investigation of the Roy Newman case, the Ledger-Enquirer asked whether that reason still applies. Miles repeated her previous comment, "At this point, the status of the GBI investigation remains unchanged."

Slater disputed the allegation that she was involved in the GBI's decision.

"The GBI began its investigation but discovered the matter was being investigated and declined to conduct a parallel investigation," Slater told the Ledger-Enquirer in an email Tuesday. "I did not 'call off' the investigation nor did I request or ask the GBI to withdraw from the investigation."

As for the request to recuse herself, Slater wrote, "I have reviewed my relationship with the potential parties in this matter specifically to determine if a conflict of interest exists. I also evaluated any potential conflict between potential parties and members of my staff. I see no conflict of interest. Out of an abundance of caution I consulted Senior Assistant Attorney General David McLaughlin, who is assigned to review potential District Attorney conflict matters. He agreed no conflict exists and found no reason for his office to become involved."

In addition to the governor, the request was addressed to the seven Superior Court judges in the Chattahoochee Judicial Circuit: Gil McBride, Maureen Gottfried, Frank Jordan, Ron Mullins, Bobby Peters, William Rumer and Arthur Smith.

The request is based on section 35-3-8.1 of the Georgia Code:

"Upon request of the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, the chief of the county police force of any county having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, the judge of the superior court of any county of this state, or the Governor, the director, in unusual circumstances, may, and in the case of a request by the Governor, shall, direct the bureau to render assistance in any criminal case, in the prevention or detection of violations of law, or in the detection or apprehension of persons violating the criminal laws of this state, any other state, or the United States."

John Thomas, not a relative of Montravious, said this formal request supports the grassroots petition at MoveOn.org calling for the school board to vote on a resolution asking for the GBI to investigate the Montravious case. The petition has more than 600 signees, including from across the United States, in the three weeks since Columbus resident Alyssa Williams posted it.

"It's been coming up on a year now since the kid was injured, and there's been no charges filed and no one arrested," Thomas said. "The whole thing seems to be in limbo. I don't think that has anything to do with the civil litigation. We need a resolution about whether any criminal activity took place."

Thomas added, "Somebody is dragging their feet, and we feel like this is taking too long. A lot of people say that if Montravious (who is black) were from a different part of town, a different race, a different family, something would have been done by now."

In an Aug. 23 email addressed to MCSD board chairwoman Pat Hugley Green of District 1 and their fellow board members, vice chairwoman Kia Chambers, the board's lone countywide representative, wrote, "The silence surrounding the (Montravious Thomas) case has caused a public outcry and leaves the Board and our motivation(s) open to speculation and accusation(s). While I understand that this situation is complex, due to pending litigation and the Board's obligation to our insurance carrier to let the legal process take its course, I feel that it is imperative that we keep the public informed to prevent further loss of public trust. My recommendation is that we issue a statement to the public letting them know that:

-- "The Board is deeply concerned with the situation and is cooperating with all relevant agencies and parties.

-- "There are protocols that the Board must follow to ensure proper handling of insurance requirements and legal matters.

-- "These conditions prevent the Board from having open discussions about civil matters."

Chambers concluded, "We need to be transparent and open, lest the rumor mill and other agendas interject and cause detrimental influence."

Thirteen minutes later, Green replied to Chambers' recommendation and wrote, "The MCSD as well as legal counsel has officially responded with what we know. An official response has been given on several occasions.

"We are sorry for this tragic situation and our hearts go out to the student and his family. The MCSD is cooperating with all parties during the investigation and working towards a resolution.

"I am confident that the administration is doing all that there is to be done."

Cantrell told the Ledger-Enquirer that Myers asked him to sign the letter and he agreed because, "I just want to make sure we comply with the law and we have nothing to hide."

His cooperation with this effort isn't about "malice," Cantrell said. "My motivation is the truth. If it brings in another set of eyes to make sure it's transparent, then I'm for that. I didn't sign it thinking something is wrong but to make sure it's right."

Jackson told the Ledger-Enquirer in an email Monday night, "In the spirit of fairness and justice, I am 100 percent in support of the GBI coming in to partner with the school board and local authorities in finding out the truth and moving this issue forward. As a school board member and a citizen, I too, as many of my colleagues and constituents, am interested in the truth. If the GBI can help us to get to a point of closure so that we can assess the findings, address the challenges and move forward, then we need to get it done. It's simply what's best for Muscogee County Schools."

The Ledger-Enquirer asked Cantrell, Jackson and Thomas to specify the "certain instances of potential wrongdoing" mentioned in their letter.

Cantrell said, "I have no idea of anything wrong." Jackson hasn't replied. Thomas referred to previous allegations he and Myers have made concerning the Montravious case and said, "I think that remains to be shown by an investigation, but some considerations would be lack of preparedness for the student to arrive, failure to notify on-site school administration in a timely manner of the incident, and failure to render aid. Other factors might include use of excessive force."

Deal's deputy chief of staff for communications, Jen Talaber Ryan, confirmed in an email Tuesday to the Ledger-Enquirer that the governor's office received the request. Asked for Deal's response, Ryan wrote, "The governor has yet to review it but when he does or I have more information I will let you know."

Replying on behalf of his colleagues as the circuit's chief judge, McBride told the Ledger-Enquirer in an email Tuesday, "It appears Canon 2.10 of the Code of Judicial Conduct prevents our comment on the request from four MCSD board members."

Canon 2.10 prohibits judges from publicly commenting on "cases, controversies, or issues that are likely to come before the court."

The Ledger-Enquirer forwarded a copy of the request to Green, CPD Chief Ricky Boren, MCSD superintendent David Lewis and MCSD attorney Greg Ellington and asked for their reaction.

Lewis told the Ledger-Enquirer in an email Tuesday, "To date, no final report has been issued by the police on the Montravious Thomas matter, but I have full confidence in Chief Boren and the CPD to do their due diligence in reviewing the facts related to that very serious injury.

"The police investigation of the Bus 591 accident was completed months ago and portions of its investigative files have been reported in the paper. The police determined there was no evidence of wrongdoing or a cover-up as alleged by Mr. Myers and Mr. Thomas. The police report also indicated that Mr. Myers and Mr. Thomas, who made the same request for an investigation back in December 2016, would not provide any information to the investigating officer from the police department who tried to interview them back in January. The police also determined Mr. Myers prepared an affidavit for a retired bus driver to sign. The police report indicated that the former employee did not have any direct knowledge related to the bus in question and refused to sign the affidavit Mr. Myers prepared. According to the police report, the retired driver said he felt Mr. Myers was on a 'witch hunt.'

"These facts are significant and important to provide context and background."

Green told the Ledger-Enquirer in an email Tuesday night, "Our thoughts and sympathies go out to each of these students who have experienced injuries as well as to their families and to the Newman family.

"I am confident that the MCSD Administration has cooperated with both police investigations, one of which the police closed months ago. Both incidents are also the subject of pending or threatened civil suits.

"The four individual board members who signed that 'Request for Action' do not speak for the Board of Education or the Muscogee County School District. Per the Bus Accident investigation released by the Ledger-Enquirer, Mr. Myers did not appear to be cooperative with the Columbus police officer investigating the accident. It is disheartening to think that any board member or citizen might seek to use the personal tragedies of these families for a political agenda."

Mark Rice: 706-576-6272, @markricele

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