UPDATE: A former district attorney accused state prosecutors of camouflaging what he described as a failed investigation against him by releasing a misleading statement regarding the "first-offender" plea of his alleged partner in crime.
On Monday, Attorney General Sam Olen’s office released a statement that Tammie Agan, a former employee of the Douglas County District Attorney, had agreed to repay $7,400 the state accused her of stealing and was sentenced to nearly seven years on probation on Friday.
What the statement neglected to mention was the case closed, the probation nullified and Agan left the courtroom with no conviction on her record. That is because the state agreed all Agan had to do was repay the money for the probation to be lifted and for the case to be dismissed in her favor under the state First Offender Act. She repaid the money before court.
Olens calls that a win for the state. Former Douglas DA David McDade calls it a win for Agan — and for him.
“The Attorney General’s office knows what it was doing — they thumped their chest for so long,” said McDade. “They were after me. There is no mystery here….They were seeking scalps.”
Agan had been indicted in July on 34 felony charges resulting from a GBI investigation of McDade who resigned from office last April in a “non-prosecution agreement.” She pleaded “no contest” — meaning she didn’t admit guilt but agreed evidence existed to convict her — on Friday to misdemeanor theft charges.
“It was like me seeking the death penalty and then letting the defendant plead guilty to littering,” McDade said of the plea. “Why do you think they are playing with words. They are embarrassed.”
Olens concedes the press release should have included the missing information but dismissed McDade’s commentary as bluster designed to distract from McDade’s resignation and Agan’s plea to probation — albeit short-lasting. Olens contended the plea mirrored similar cases.
The embarrassment is all McDade and Agan’s, Olens said.
“McDade is trying to make it look pretty when there is nothing pretty about it,”Olens said. “A DA had to leave office and an assistant had to plead to criminal charges.”
ORIGINAL STORY: A former employee of the Douglas County District Attorney was ordered to pay $7,400 the state accused her of stealing, the state Attorney General announced Monday.
Superior Court Judge James Bodiford on Friday did not require Tammie Agan to pay a fine or serve any prison time. Her 84 months of probation will be suspended once she returns the money, the AG’s office reported.
Agan pleaded “no contest” — meaning she did not admit guilt — to seven misdemeanor counts of theft through fraudulently billing the DA’s office for work. She was indicted in July on 34 felony counts of making false statements and 24 misdemeanor counts of theft in a state investigation.
Friday’s plea was the latest chapter in an investigation of wrongdoing in former District Attorney David McDade’s office. McDade was allowed to retire in April as part of a “non-prosecution” agreement reached as the GBI was wrapping up its investigation into misuse of funds. McDade agreed to pay the county $4,000 to cover disputed spending.
The GBI investigation started at McDade's request in response to media reports of nepotism in his office and improper use of drug forfeiture money.
“The plea and sentence of Ms. Agan represents the closure of an investigation by the Georgia Bureau of Investigation into the Douglas County District Attorney’s office which resulted in former District Attorney David McDade leaving office,” the AG office said in a statement.
Agan was a secretary in McDade’s office who reputedly earned extra money through typing transcripts of law-enforcement interviews and jail phone calls. She was accused of creating fraudulent time sheets in 2011 and 2012 and of submitting invoices for transcripts that were duplicates of transcripts done by other secretaries. She was paid through the DA’s drug-forfeiture money account, the AG said.
Agan’s children were also listed as DA employees. Her daughter, Ali Agan, was paid $400 a month to proofread transcripts with the stipulation it was to be done on a county computer when she was home on weekends from college. Analysts determined that none of the work had been done on the county computer she was assigned to use even though checks were issued to her.
Acting DA Brian Fortner, just days after taking the position, fired Agan and two of her children who worked for the office. Wendy Agan was a legal aid and Andrew Agan was a spokesman for the office.
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