A motion seeking to have all Floyd County Superior Court judges to withdraw from presiding over a case involving the theft of over $6 million from the Floyd County school system has to be heard before the case can move forward.
Albert Palmour, a Summerville-based attorney, who is representing Dwayne Richardson, filed the motion seeking to have all Floyd County Superior Court judges and senior judges to recuse themselves from hearing the case. All of those judges, with the exception of Judge Jack Niedrach have recused themselves, Superior Court Administrator Phil Hart said.
In order to have this motion heard, the court is bringing in Cobb County Senior Judge Adele Grubbs to hear it, Hart said.
Judge Grubbs has set a hearing for the motion on June 20 at 9 a.m. in Floyd County Superior Courtroom C.
Dwayne Richardson is one of several people accused of conspiring with former Floyd County Schools maintenance director Derry Richardson to steal millions of dollars from the school system.
According to the indictment, the conspirators created inflated and — in some cases — completely fraudulent invoices for construction and maintenance projects.
The Richardsons, along with eight others, turned themselves in at the Floyd County jail on June 9, 2016, on racketeering and theft charges. Those arrested were Lisa Richardson, Jimmy Richardson, Russell David Burkhalter, Samuel Max Tucker, Harry Anthony Bailey and Robert Chad Watson.
William McCary and Robert Anderson were both originally charged in the case but are now deceased.
In July 2017, three more arrests were made. Charles Raiden Sherman, David Gary English and Rodney Don Holder were arrested on theft and RICO charges.
The final two arrests in the case came after the indictment was released in October 2018. James David Fielder and Sam Sprewell, two former Floyd County Schools chief of operations.
The criminal case began in earnest after a civil case was finalized in early 2018, two years after the first arrests were made.
In the civil case the school system recouped $1,138,007 through the liquidation of seized and forfeited items connected to the RICO case. More recovered funds, totaling $123,218, were received by the school system in May 2018, to be put toward security upgrades at two schools.
In addition, but not part of the civil RICO case, Richardson’s former employer Johnson Controls Inc. agreed to pay the Floyd County Board of Education $2.3 million and provide services and equipment for two years. The total value of that settlement is $2.7 million.