Beruflich Dokumente
Kultur Dokumente
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JOHNNY L.
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PRE-ISSUANCE
HEARING
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CURTIS MILLER,
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PRO SE:
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PRO SE:
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PRO
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C E E DIN
THE COURT:
Okay.
stand.
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Do you swear or affirm the testimony give this Court is true under penalty ALL PARTIES: THE COURT: THE AFFIANT: THE COURT: I do. All right. I am. You're Mr. Dean? Yes.
of perjury?
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All right.
to go
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We'll call you in when we need you. your testimony with anybody while
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(Whereupon, the rule of sequestration all witnesses courtroom, following THE COURT: was invoked left the and
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after which the transpired.) Mr. Davis. what I'm for truck
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tractor
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THE AFFIANT:
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Yes. That's basically Yes, sir. So, you're saying -- who has possession what we're here for?
THE COURT: THE AFFIANT: THE COURT: of this vehicle? THE AFFIANT: it to somebody THE COURT: THE AFFIANT: THE COURT: THE AFFIANT: THE COURT:
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JOHNNY L. DAVIS was called as a witness having been previously as follows: DIRECT
BY THE COURT:
on behalf
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and testified
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EXAMINATION
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Q
A
specifically
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A
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I'm sorry.
because
Now where is this shop located? Off of 85, Highway You brought 85.
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up there but I brought here. Q Are about twelve (12) states in between here and
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Pennsylvania? A Q A work. Something All right. like that. Go ahead. it down. He was supposed to do the I mean it's some miles.
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that I was selling a '95 reefer I had for four thousand ($4,000.00) to pay him for the work he was doing. asked me could you let me have the reefer him cash because instead
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he had a friend that he knew that was going to with his truck, 'cause he
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wanted to get the engine rebuilt but he didn't have the money. Q And reefer means a refrigerated Right. Is that what you're talking about? -4trailer?
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A
Q
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Yes, sir.
A reefer
--
_ forty-eight
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knowing him all them years I didn't get nothing didn't think twice about it. trailer, I left thinking Signed the title,
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He gives the trailer to Mr. Chris Everhart get a loan to get his engine rebuilt. Everhart
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was going to let him do the work but he didn't. dollars ($10,000.00) and went somewhere else.
ten thousand
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Now while all of that was going on I was, pretty much taking care of my family. And in the process of doing that I'd --
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corne to Mr. Dean to get my truck and he give me the excuse well, he didn't have to give me an excuse.
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and I would say, Joe, I'm corning to get my And he give me some reason why it
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fixed and this went on and on and on. Through the process of time I went in in May to pay my ad
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valorem
tax on this same truck and was told, sir, this truck is It's no longer yours. My mechanic has it. I said, how could this truck And that's when they told
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abandoned.
be abandoned?
Joe Dean had -- I guess, applied in some way and said I had abandoned the truck. But I didn't know nothing until May
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around May 15th of this year that the truck was no longer mine. Q So he went and he got a Court Order for an abandoned
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motor vehicle?
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And I didn't
know nothing
Have you got any paperwork? None of that. Have you -Even when we went -Have you -I'm sorry. Stop a minute. Listen. Have you went to the court was abandoned Even when we went --
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Q
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where the order was made to -- that the vehicle and gotten that title? A No, sir.
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of Transportation,
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And I'd have to look we were trying And then we go give us any in my
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at my paperwork
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to DeKalb County tag place, they said they couldn't personal name. information on the title because
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it was no longer
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And I said, where do I go to find out how he did this? they sent me they'd send me somewhere Stop a minute. else.
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And everywhere
Q
Okay.
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Q
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Okay. Yes.
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Q
_ Abandoned
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handle that in Mag. court, right? here in Magistrate THE CLERK: Courtroom,
isn't it?
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THE COURT: Mr. Dean, did you follow the legal procedures to get the legal right to sell that vehicle? Yes, sir. I have all my documents
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then.
And have you shown them to Mr. Davis? THE RESPONDENT: certified Finance. As a matter of fact this was the to Mission
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letter, and I have all the documents I did the title search.
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I read the --
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THE COURT:
Just tell me - what was my question? You asked me do I - did you see the
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him.
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Your
Honor THE COURT: is real simple. THE RESPONDENT: THE COURT: No. I look at them -No, no, no. See, this be simple. This
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Before
THE RESPONDENT: THE COURT: them. him? them. THE RESPONDENT: THE COURT:
No.
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- I want to just make sure he's seen to you is have you shown them to
So my question
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She just gives them to me. THE RESPONDENT: THE COURT: No. all I'm asking right now.
That's
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No, sir.
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Let her be showing them to Mr. Davis and then you can continue to tell me something else. were
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THE COURT:
Okay.
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all are not at the mike. THE RESPONDENT: THE COURT: Is this the --
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THE RESPONDENT:
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going to ask you - I kind of forgot what I was just going to ask you. actually But since I'm here I wanted to tell you what
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THE COURT:
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THE RESPONDENT:
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So people that worked on the truck was charging He said that he told them to stop, right? another truck with rear-end
him money.
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But he had So
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to
So here's the work order where he put the He put the truck I finished in my shop.
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the
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21st, 2011.
So he kept making
THE COURT:
Wait.
back up.
Leave it out there if you want me to look at it. THE RESPONDENT: Okay. He a he kept making it --
and let me let him run, this that and the other. want
I've done that before with Johnny and Johnny always to be slow about paying. economy couldn't Well because
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is at this point in time I needed my money, just let Johnny go like that.
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And, Your Honor, when he said something that trailer, Everhart fixed. that trailer with Everhart, for collateral
to you about
yes, he let
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That deal was with -- the trailer's name. I never took possession
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Everhart's
of the trailer.
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And, Your Honor, he still have So, that what he telling you
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right there,
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me back payments.
So he comes -10-
to
pay him.
I need my money.
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I been
I tried to call
like either
round about
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like that.
phone call and he said Joe, where is the truck at? have my truck? of the truck.
I said, yeah, but A.J. has taken control So A.J., which is Arthur Jeffrey, he -- I okay?
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signed the truck -- I signed the truck over to A.J., And when I did, I filed the paperwork. documents.
I filed my legal
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We went down there and we filed the paperwork. That's the Abandoned Yes, sir. Motor Vehicle?
THE COURT:
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TE RESPONDENT:
He has the Court Order and all, well, you have that.
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when they gave us -- they gave us the title to the truck. Well, Mr. Davis, he comes up, Your Honor, document shop. here he brings another apd on this in my So, I
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Somebody
bezel
I got another
bezel off of my truck which cost two hundred dollars. I told -- I let Johnny use it.
He was
supposed to pay me, excuse me, he was supposed _ put my headlight put on the FLD.
to pay me to
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This is a
__ this is a '99, after the fact that we're going through this issue. He agreed to buy the truck back from A.J ..
He said, give him three to four weeks that he would buy the truck back from A.J.. We thought everything was okay.
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and try to charge me - and this is a 911 report right here, for auto theft for stealing his vehicle. the police carne up there the police Get it. So when
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And so he said, well this is the 911 when the Officer out. This is the other truck. After I had fixed that
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And then he a -- so
when this is -- this -- then it went all to well, Mr. Gabriel. have THE COURT: This is a '99? This is the '99 truck -12Mr. Gabriel had possession of the truck. And I
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you're talking
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THE COURT:
THE RESPONDENT: me. THE COURT: the '01? THE RESPONDENT: the '01 is actually
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get possession
of
possession
of
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filing date of the Order and everything, Mr. Gabriel for the bill.
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that Foreclosed
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and this is a copy of the title of where it was in Mr. Gabriel's name. So the police when he pulled the report
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headquarters
called him back and told him the truck was Gabriel's. So I don't know what he told
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place of business. So then Mr. Gabriel the Department discrepancies of Revenue in here. got this.very first letter from some
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called or whatever.
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them proof
I did an ad.
Then they tells me they said, well, no, you were supposed to do a mechanic lean. And I talked to Attorney Brown
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across the street and -THE COURT: advise Okay. Don't tell me what you -- legal
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Mr -- Mr. Davis.
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That's -- that's my company. Well he has so many companies I didn't Okay. ask all that.
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Q
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Apparently,
the legal
procedures
to -- to gain the legal rights to sell your vehicle under the laws of the State of Georgia for
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vehicles. Yes, sir. And I see where letters had gone not only to that
address address
but also this one was returned. and something else showing
That's
the an Get
it went to a
in Stone Mountain,
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to Go Transport, warrant
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which corresponds
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application. I didn't get it. it. But what I'm for And if
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going to tell you why I'm not issuing an arrest stealing it is because
warrant
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Then that's
a civil case.
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So it's going to be a civil case. You can grab your paperwork and
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I'll let Mr. Davis say something. Sir, in order for him to file an
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that meant he didn't talk to me for that five he said, correct? No. I don't know. He got an Order. It's already a done
or six months
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He filed it.
If there's anything
wrong with
that process that's why you get a notice and you get these letters no. so you can come to Court and say no. So he has -No, no, no,
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That's a dead case for the D.A.'s office right there. Because Order. truck. in his defense he's going to show this Court The value of the
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You can sue him for your money. You need to file a lawsuit. the procedure
not followed
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have him arrested. Now, go ahead. THE AFFIANT: lie. THE COURT: THE AFFIANT: THE COURT: But it -Everything. Except what's not a lie is he got a Court Court Order. First, everything he said to you is a
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But he lied to get it. But that's not my -- that's not my job
sufficient
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evidence
arrest
for
him.
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Now, whether he had the right, whether is for a civil case not a criminal is denied. May I ask something,
truthful
Your Honor?
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Go ahead.
I apologize.
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that Johnny done tried to have me arrested. THE COURT: Okay. I can't give you legal advise. I'm not a lawyer. You
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say you got a lawyer across the street? THE RESPONDENT: THE COURT: All right? Both of y'all need to go see y'all lawyers. THE RESPONDENT: THE COURT: Are we dismissed? dismissed. Thank you. (Whereupon, the hearing concl uded. ) was Uh-huh. Johnny.
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You're
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THE RESPONDENT:
Okay.
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TRANSCRIPT
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LEGEND
contains quoted material.
transcript
is reproduced
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transcript
interruption a halting
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sentence
in a dialogue
or omission
of a word which is
transcribed
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In the following
transcript
of the correct
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"uh-huh"
represents
an
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represents
a negative
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C E R T I FIe
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ATE
Official
and Certified
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to me without
of a court reporter being present, 2012, and it is a true, accurate of the testimony captioned
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herein
styled action to the best of my ability. certify that I am neither kin nor counsel to
further
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are In conformity
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2012.
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~Bt~k?~
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