November 16-- Two of the six people indicted in connection with a burglary at the office of Montgomery County Sheriff Ladson O'Connor the night he died are asking a judge to quash the indictments against them.
Lawyers for Mount Vernon Mayor Joey Fountain and Matt Waller appeared before Superior Court Judge Sarah Wall Thursday morning in Montgomery County Superior Court.
A similar request filed earlier on behalf of defendant Todd Yancey is pending a decision by the Georgia Supreme Court. Yancey contends he was on duty the night of the sheriff's death and that the District Attorney violated state law by not allowing him to testify before the grand jury.
Waller's attorney Mitch Shook argued that his client was also a deputy sheriff and had been sworn in by Sheriff O'Connor. District Attorney Tim Vaughn disputed the claim and noted he carried the office title of Operations Manager.
Fountain's attorney Howard Kaufold asked the judge to rule on his written motion which claims on technical grounds that state law on burglary is not applicable to the break-in at the sheriff's personal office.
Shook told Judge Wall it is understandable if she reserves ruling on the motions pending a decision on the Yancey case by the state Supreme Court.
She gave him 20 days to file his motion in writing and the District Attorney ten days thereafter to respond to Shook's argument.