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August 4--  A Superior Court judge has dismissed the case of a Toombs County citizen against the District Attorney of the Middle Judicial Circuit.

Former Toombs Commission Chairman James Thompson sought a court order requiring District Attorney Hayward Altman to deposit some proceeds from a series of convenience store video machine gambling raids last year in the Toombs County general fund.

The raids in Toombs County generated nearly $440,000 to the District Attorney's office and another almost $210,000 was paid to an Atlanta law firm hired by Altman to assist in the cases.  A new Georgia law as of July 1st prohibits the hiring of third-party attorneys in future cases.

Earlier this year the District Attorney said the $440,000 collected from Toombs County defendants would be divided among his office, the East Central Georgia Drug Task Force, the Toombs County Sheriff's office and police departments in Vidalia and Lyons. 

Toombs County manager Doug Eaves says it will be up to the county commission to determine if money from the DA will make it to the sheriff's office.

Meanwhile, Altman issued a statement saying he was gratified with the ruling of Judge Kathy Palmer and termed it a "victory" for law enforcement agencies who participated in the raids.

The judge also ruled that under provisions of Georgia's frivolous law suit statute, the DA can file a motion asking that Thompson pay attorney's fees and expenses related to the case.

Thompson's attorney, Mackey Bryant of Vidalia, says he's unsure if the case will be appealed.