Golden v. Georgia Bureau of Investigation
Golden v. Georgia Bureau of Investigation
Opinion of the Court
We granted this discretionary appeal to consider whether the trial court correctly denied appellant Don C. Golden’s application to present additional evidence pursuant to OCGA § 50-13-19 (f) and whether there was sufficient evidence to support Golden’s termination by appellee Georgia Bureau of Investigation (GBI). Golden was terminated by the GBI in April 1986 as a result of his conduct in connection with a traffic accident in Rockdale County on February 25, 1986. The termination was upheld in an initial decision by a hearing officer of the State Personnel Board; that decision was affirmed by the State Personnel Board on November 19, 1986. Golden filed his appeal with the superior court on December 18, 1986. The superior court affirmed the termination in an order entered December 21, 1989. We then granted this discretionary appeal.
The record shows that Golden was employed as a GBI agent. On the evening of February 25, 1986, Golden met other GBI agents at a bar in downtown Atlanta. He stayed there from 6:00 p.m. until approximately 10:00 p.m. Driving a State of Georgia vehicle, Golden left the bar to go home. As he drove on 1-20, proceeding east, Golden’s car ran into the rear of a car driven by Charles S. Dyer. Dyer testified that he was travelling about 55 miles per hour when he was hit. Dyer’s car spun around and flipped over, coming to rest on an em
The hearing officer found that in 1983 Golden was issued a written reprimand by then Director, Investigative Division, Robbie Ham-rick (now Director of the GBI) for conduct involving drinking and the use of a state vehicle. In the reprimand, Hamrick informed Golden, “if I receive any other complaints concerning your drinking and operating a State vehicle, while drinking and identifying yourself as a GBI Agent or generally harassing other police officers, I will do everything possible to see that you are terminated from this Bureau.” In a detailed 21-page order including findings of fact and conclusions of law, the hearing officer found that the evidence supported Golden’s termination for driving a state vehicle while he was intoxicated, urinating in public, falsely identifying himself to law enforcement officers at the scene of the accident, using state funds to post bail and lying to superiors about the accident and about using state funds for posting bail. The hearing officer specifically considered and rejected Golden’s argument that his actions after the accident were caused by a head injury and not by intoxication. The hearing officer also considered Golden’s argument that the GBI improperly disposed of the vehicle Golden was driving, preventing him from examining it to determine if
1. Golden argues that the superior court erred in denying his application for leave to present additional evidence pursuant to OCGA § 50-13-19 (f). Golden argues that he should be allowed to introduce the following additional evidence discovered in the course of subsequent litigation involving the GBI: (1) Statements by GBI agents Maryman and Neely and FBI agents Kennedy and Burke taken by GBI agent Hallman in connection with the GBI’s internal investigation. The statements are to the effect that Golden was seen by these men at the bar as late as 9:00 p.m. and that Golden was not intoxicated then; (2) a statement from Dyer, the driver of the vehicle struck by Golden’s vehicle that it appeared as if the lights on Golden’s vehicle came on suddenly; (3) a repair report for the vehicle driven by Golden indicating that the dash lights had been repaired shortly before the accident; (4) a statement from Emergency Medical Technician Irvin that Golden’s behavior in the ambulance was consistent with either a head injury or a drunk; (5) a medical record from the emergency room containing follow-up instructions for Golden with the instructions for head injuries circled. Golden also argues that the entire termination proceeding should be overturned and he should be reinstated because the GBI disposed of the vehicle involved.
OCGA § 50-13-19 (f) establishes a two-prong test that must be met before a superior court can grant an application for leave to present additional evidence. The evidence sought to be introduced must be material, and good reason for failure to present such evidence at the hearing must be shown. The superior court did not err in this case because in each instance the evidence either is not material, or was or could have been introduced at the hearing. The statements of the other agents at the bar the night of the accident to the effect that Golden was sober as late as 9:00 p.m. are clearly cumulative of testimony produced by Golden through other witnesses who saw him at the bar; those witnesses also could have been subpoenaed to testify at the hearing. The statement of EMT Irvin regarding a possible head injury adds nothing to her testimony at the hearing. Golden had ample opportunity to cross-examine her, and did, on her opinion of his condition the night of the accident. Similarly, Dyer testified at the hearing and was subject to cross-examination by Golden. Regarding the instruction sheet from the hospital, Golden could have subpoenaed the medical staff from the emergency room in which he was treated to testify about any head injury he may have suffered; how
There is sufficient evidence in the record to support each of the findings of the hearing officer and his conclusion that the GBI was justified in terminating Golden. The superior court did not err in denying the application for leave to produce additional evidence.
2. Golden argues that the superior court erred in refusing to apply the principle of Wills v. Composite State Bd. of Medical Examiners, 259 Ga. 549 (3) (384 SE2d 636) (1989). In Wills, the Supreme Court held that a licensee facing revocation of his license had the right to ask the Board to provide him with any exculpatory material in its files relative to the formal complaint and the Board must furnish such material in the same manner as prescribed in Brady v. Maryland, 373 U. S. 83 (83 SC 1194, 10 LE2d 215) (1963). Assuming, without deciding, that Wills applies in the present case, Golden is not entitled to a reversal because he has not shown any prejudice in the failure of the State Personnel Board to provide him with the evidence he says was withheld. “To be subject to production under Brady, the evidence sought must be material and favorable. . . .” West v. State, 251 Ga. 458, 460 (306 SE2d 909) (1983). Brady applies to information known to the state but unknown to the defense. White v. State, 255 Ga. 210 (4) (336 SE2d 777) (1985). As discussed in Division 1, we find that the evidence sought was either immaterial, cumulative of other evidence, or known to or within Golden’s power to produce. Therefore, we find no error.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.