Grand jurors selected, chosen and sworn for the County of Gwinnett, in the name and behalf of the citizens of Georgia, charge and accuse Kevin Kenerly with the offense of BRIBERY (O.C.G.A. 16-10-2) in that the said accused, in the state of Georgia and County of Gwinnett, beginning on the 6th day of March, 2007, and having twenty (20) periodic payments ending on the 3rd day of October, 2008, did being an elected public official, to wit: a Gwinnett County Commissioner, directly or indirectly receive, accept or agree to receive a thing of value, to wit twenty (20) payments of fifty thousand ($50,000) by inducing the reasonable belief that the giving of the thing would influence his performance of an official action, to wit: the payment was suggested and accepted to induce the belief that said Kevin Kenerly would arrange for the purchase of real property by the Gwinnett County Board of Commissioners to the benefit of David Jenkins in the resolution of pending litigation, contrary to the laws of said State, the peace, good order and dignity thereof.

Count 2: Disclosure of a Financial Interest (O.C.G.A. 36-67A-2) (Misdemeanor)

And the Grand Jurors aforesaid in the name and behalf of the citizens of Georgia, further charge and accuse Kevin Kenerly with the offense of DISCLOSURE OF FINANCIAL INTEREST (O.C.G.A. 36-67A-2)(Misdemeanor) for the said accused, in the state of Georgia and County of Gwinnett, on the 3rd day of May, 2005, however the financial interest was unknown to the State until on or about February 4, 2010, did being a local government official to wit: a Gwinnett County Commissioner, who knew or reasonably should have known he had a financial interest in a business entity, to wit: a partnership with D.G. Jenkins Development Corporation which had a property interest in real property to wit: that property described in Gwinnett County zoning case number RZC-05-019, affected by a rezoning action which that official's local government would have a duty to consider, fail to disclose the nature and extent of such interest, in writing, to the local governing authority of the local government in which the local official is a member, contrary to the laws of said State, the peace, good order and dignity thereof.

Count 3: Disclosure of a Financial Interest (O.C.G.A. 36-67A-2) (Misdemeanor)

And the Grand Jurors aforesaid in the name and behalf of the citizens of Georgia, further charge and accuse Kevin Kenerly with the offense of DISCLOSURE OF A FINANCIAL INTEREST (O.C.G.A. 36-67A-) (Misdemeanor) for the said accused, in the State of Georgia and the County of Gwinnett, on the 318th (sic) of December 2001, however the financial interest was unknown to the State until on or about February 4, 2010, did being a local government official to wit: a Gwinnett County Commissioner, who knew or reasonably should have known he had a financial interest in a business entity, to wit: a partnership with D.G. Jenkins Development Corporation which had a property interest in real property to wit: that property described in Gwinnett County zoning case number RZM-01-030, affected by a rezoning action which that official's local government would have a duty to consider, fail to disclose the nature and extent of such interest, in writing, to the local governing authority of the local government in which the local official is a member and did vote on said zoning action, contrary to the laws of said State, the peace, good order and dignity thereof.

Daniel J. Porter, District Attorney