DeKalb County Sheriff Jeff Mann is asking a judge to acquit him of indecency and obstruction charges because Gov. Nathan Deal already punished him with a 40-day suspension.
Mann’s attorney, Noah Pines, wrote in a court filing that Mann can’t be prosecuted twice for the same offense.
Mann was arrested at Piedmont Park on May 6 after he allegedly exposed himself and ran from an officer, according to a police report. Mann has pleaded not guilty. His trial is scheduled for July 27 in Atlanta Municipal Court.
Deal suspended Mann last month based on the recommendation of an investigatory committee made up of two sheriffs and Attorney General Chris Carr.
“The suspension of Jeffrey Mann for 40 days as sheriff of DeKalb County constitutes punishment by the state,” according to Pines’ June 29 court filing. “Therefore, any continued prosecution of Jeffrey Mann in this case is barred by the prohibition against double jeopardy as contained in the Constitution of the United states, the Constitution of the state of Georgia and Georgia statutory law.”
Pines asked Judge Crystal Gaines to discharge and acquit Mann of the alleged offenses. She hasn't issued a ruling.
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