Court records indicate David Earl Geros Jr. was arrested in September and charged with simple battery under the Family Violence Act and hindering a law enforcement officer after a deputy escorted his ex-wife to Geros' home to retrieve their children.
Defense Attorney Bryan Cigelske's motion to suppress says the responding deputy's superior officer was the boyfriend of the woman attempting to retrieve the children, and the woman did not have the proper paperwork -- custody papers -- to do so.
The filing alleges the sheriff's office has no documentation and no proof that a 911 call was made by the mother of the children. In BCSO records Cigelske obtained via a Freedom of Information Act request, the complainant's name is listed as a local elementary school, where the woman was waiting to meet police around 10 p.m.
The report completed by the responding deputy indicates he escorted the woman to the Hardin Bridge Road, Kingston, home, but told the woman he would not be able to return the children unless Geros admitted he was in violation of a child custody order.
The deputy alleged Geros and his current wife began to yell after the officer knocked on the door, apparently awakening the couple. Geros then allegedly pushed his wife back into the home and re-entered the home, saying he would not go to jail. The deputy then entered the home to effect an arrest.
But Geros' attorney argued and the judge agreed the deputy entered Geros' property without a legal purpose to do so, as the deputy did not have a copy of the court order governing custody of the children or a search warrant and there was no emergency. The children also were sleeping at the time.
In his ruling, Smith said he believes the deputy was simply trying to assist the woman, and pointed to apparent sheriff's office policies requiring complainants have such paperwork in hand.
It is likely prosecuting attorneys will not proceed with the charges against Geros.
In other cases, which proceeded to trials, juries issued the following verdicts:
* Kimberly Y. Cole, 27, of Cassville was found guilty of possession of marijuana with intent to distribute and not guilty of possession of a firearm by a convicted felon.
* Charles Vernon Goss, 57, of Cedartown was found guilty of two counts of aggravated assault and one count of terroristic threats. He was deemed not guilty of one count of terroristic threats and acts and two counts of simple battery under the Family Violence Act.