Cherokee District Attorney Closes Ball Ground Recycling Investigation

The district attorney for the Blue Ridge Judicial Circuit said her office has closed the investigation into the failed Ball Ground Recycling venture.

Shannon Wallace, who serves the circuit that only covers Cherokee County, is following the guidance of a Cherokee County grand jury, which also stated it found no prosecutable criminal case in its investigation into the venture.

“We respect the recommendations of the grand jury and appreciate all of their hard work this term,“ Wallace stated. “ Over many months, my staff and I have dedicated hundreds of hours to the investigation and review of this matter. As both a taxpayer and the district attorney, I felt it was my obligation to explore every avenue known to me to determine if there were any indictable criminal offenses that occurred in Cherokee County arising from the Ball Ground Recycling deal.“

Wallace noted that now the county is at the end of its efforts, which were based upon an “extremely methodical and sifting investigation” conducted by the Cherokee Sheriff’s Office and the Georgia Bureau of Investigation, it can be concluded that “there are no viable criminal charges” that can be lodged in the case and it would be “highly irresponsible to utilize further resources to continue to pursue what is certain to be a fruitless prosecution.”

Carolyn Cosby, the Independent candidate for the Cherokee County Commission chair race, blasted Wallace’s decision to close the matter. Cosby said she will be presenting on Thursday an “audit of the audit” she and her supporters have done with regards to the deal.

She noted she believed the investigation should continue.

“There are indeed serious, actionable items in the audit that are clearly illegal and still remain within the statute of limitations that call for further investigation,” Cosby said in a press release. “We believe, (if) properly investigated, these issues will lead to prosecution of members of the Board of Commissioners for malfeasance of office and criminal activity. We believe that another district attorney from a neighboring county should be called in to conduct the investigation.”

The district attorney stated her office and other law enforcement agencies used the forensic audit and an independent investigation and advice of the Attorney General’s Office and federal authorities in reviewing both the evidence and legal issues raised by the audit.

“Ultimately, there was simply not sufficient evidence to support criminal charges against any individual associated with this matter,” Wallace added. ”This is a sad chapter in the history of Cherokee County because of the serious financial impact that this failed and poorly executed project has had on our community.”

Cherokee County still has a civil case pending against former Ball Ground Recycling owner Jimmy Bobo.

Following the recommendation of the May 2014 grand jury, closing the investigation and encouraging the county commission to “mitigate our economic losses now resonates as the common sense approach to moving forward,” Wallace said.