Clayton County Sheriff Victor Hill was indicted by a Gwinnett County grand jury Thursday in connection with an accidental shooting of a friend earlier this year.
Hill was indicted on one misdemeanor count of reckless conduct for "consciously disregarding a substantial and unjustifiable risk" that "recklessly handling a firearm in the presence of another" would cause harm to that person, the indictment said.
In May, Hill shot Gwenevere McCord in the Lawrenceville model home where she worked as a real estate agent. If convicted, he faces a maximum sentence of a year in prison and a fine of up to $1,000.
Last month McCord, who was 43 when she was critically injured by the shot to her abdomen, applied for a $25,855-a-year job as a clerk in the Clayton sheriff's department. According to her application, she has one relative who is employed by a contractor at the jail, but the relative's job or relation to McCord is not listed. In her application, McCord said she learned about the position on the county's website.
Neither McCord nor members of her family could be reached for comment Thursday.
A spokesperson for the department said McCord does not work there, but it was unclear if her application was still under consideration. Gwinnett County District Attorney Danny Porter said the situation was “odd.”
“It’s unusual but not necessarily improper,” said Terry Norris, executive director of the Georgia Sheriffs’ Association. “I don’t guess you could disqualify someone from being a candidate in this situation. She certainly hasn’t done anything wrong.”
Hill gave a statement to the grand jury, answered their questions and reenacted the shooting using his attorney as the victim. He refused to talk to reporters and could not be reached for comment later in the day.
“He didn’t seem nervous or panicky,” Porter said. “He wasn’t cocky or arrogant.”
Hill has said that the two were practicing "police tactics" and that the shooting was unintentional. McCord has maintained that the shooting was accidental, and provided a written statement to the grand jury that was in line with her previous statements, Porter said. Porter said all parties agree the shooting was accidental.
Porter said McCord has made a "startling recovery."
“If you hadn’t known, you would’ve never known she’d been shot,” he said.
It is unclear whether the indictment will have any effect on Hill's ability to maintain his office. Ken Vance, executive director of the Peace Officers Standards and Training Council, said he will open an investigation.
The council’s options are to do nothing, to publicly reprimand Hill, to put him on probation, suspend him or revoke his certification.
“We look at the actions that got you there,” Vance said.
Porter said he and Gwinnett’s solicitor will meet next week to decide how to move forward with the case. They are willing to talk to Hill about settling, he said, but Porter said he had to send a message given the nature of McCord’s injuries.
"You can't be careless with guns," he said.
Clayton County Commission Chairman Jeff Turner said it is unclear whether Clayton taxpayers will have to pick up the tab for Hill’s defense.
“The judicial system will take its course,” he said. “He still will have his day in court. We will just have to wait and see the outcome of his court trial.”
Porter said he took a “cautious approach” in taking the case to the grand jury because Hill was “arguably a public official in performance of his duties when the act occurred,” and he wanted to forestall any later challenges to the case.
One ethics expert said the case raises more questions than answers.
“This thing has been bizarre from the word ‘go,’” said Edward Queen, who directs leadership education at the Center for Ethics at Emory University. “It raises disturbing questions overall about the functioning of the system — everything from the legal justice system to the hiring process.”
Hill is in his second term as sheriff and began his current term Jan. 1, 2013. He was also sheriff from January 2005 through 2008. Both terms of office have been fraught with controversy.
In 2013, Hill was acquitted of racketeering charges related to his use of a county-issued credit card. During his last week in office during his first term, Hill filed for bankruptcy partly because of the amount of money he owed in damages from lawsuits against him.
On his first day in office in 2005, Hill fired 27 deputies, who later sued for wrongful termination. They got their jobs back and settled for $7 million which was paid by Clayton County.
The interest in the case, Porter said, stems from the fact that it’s a “big deal” when an elected official is charged with a crime. But he said Hill draws more attention than many others.
“In a way, it’s a natural effect of the way he handles his office,” he said. “It’s a reflection of his personality.”
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