Statesboro City Councilman Gary Lewis agreed Monday to pay a Statesboro Herald independent contractor $1,000, but did not admit to stealing eight newspapers from a Herald newspaper box outside Harvey's on Highway 80 West.
Contractor Tony McMillan was seeking to secure an arrest warrant against Lewis stemming from the Sept. 16 incident where a Statesboro Herald employee said he saw the councilman take the papers from the box. During a mediation hearing Monday morning in the Statesboro Magistrate Court office conducted by Mae Riggs, McMillan agreed to the settlement after meeting with Lewis, his attorney Kendall Gross and the mediator. Riggs is affiliated with the Ogeechee Judicial Circuit Alternative Dispute Resolution Program
"I settled because I was tired of having my name slandered in the paper," Lewis said after the hearing. "... I believe I could have been arrested today, taken to jail and a mug shot put in the paper. I did not take the papers, but I want this to be over."
Lewis has held the District 2 seat on the council since 1998. He was last reelected in 2007 and his current term expires Jan. 1, 2012.
McMillan said Lewis initially asked him to sign a confidentiality waiver, but McMillan refused.
After mediation, Lewis left for about five minutes and returned to the magistrate court parking lot, where he counted out $1,000 cash to McMillan.
"Merry Christmas," he said, as he handed McMillan the cash.
The settlement included no admission of guilt from Lewis and allows both parties to discuss the incident in public.
When asked why he settled instead of going to the court hearing, Lewis said "I know I'm not guilty but I'm tired of my name being smeared in the newspaper. Enough is enough."
After the hearing, McMillan said he still believes Lewis is guilty.
"Would you agree to (pay $1,000) for stealing $4 worth of papers? The evidence speaks for itself," he said.
McMillan said he thought Lewis and his attorney were more concerned with the confidentiality notice and the fact that the settlement would be reported in the Statesboro Herald than anything else.
"The confidentiality agreement was the main issue. He fought for the confidentiality (clause)."
Lewis' first settlement offer, made through Gross, was for $500, with a confidentiality agreement. McMillan denied the offer.
Paper thefts
Records show more than $618 worth of newspapers were stolen from the newspaper box at Harvey's since April, McMillan said.
McMillan also said he believes the evidence to be presented in the case would have resulted in Lewis being arrested on theft by taking charges. The evidence included testimony from Statesboro Herald district service manager C. E. Stricklin, as well as a statement by a man who said he saw Lewis take several newspapers from the very same box in the past.
The written police statement by John Arthur Tobin read: "G. Lewis and I are nodding acquaintances as I have been attending (Statesboro) city council meetings for the past 8-10 years. On or about 7-8 years ago ... I observed Gary Lewis remove several papers form the Herald paper box (around) 8:30 to 9 a.m.
"I approached Gary and mentioned he should only take one paper," Tobin wrote. "His comment was to me, ‘The papers are so thin, I didn't realize I had more than one.'"
McMillan said the alleged thefts could have been occurring for years, but he only had record of the thefts since April.
Lewis said he is relieved the issue was resolved.
"I'm glad this is over," he said. "Now I don't have to worry about the newspaper slandering my name."
The "informal consent agreement" that Lewis and McMillan reached through mediation read: "Mr. Lewis agrees to pay $1,000 to Mr. McMillan to have this warrant dismissed. Additionally, Mr. Lewis states that this payment is not an admission of guilt and he does maintain his innocence. Payment will be made this day, Nov. 8, 2010, by 12 noon.
"Both parties agree that the confidentiality agreement in the ‘Agreement and Guidelines for Mediation' form is waived."
September incident
Back in April, McMillan noticed a significant number of newspapers were being stolen from the Harvey's box. In an effort to find out what was going on, he began some surveillance of the box with Statesboro Herald district service manager C. E. Stricklin.
Darrell Elliott, circulation director for the Herald, said McMillan reported about 10 papers were being taken from the box each Tuesday through Saturday, but not on Sundays.
Using this information, Stricklin began "staking out" the vending machine.
On the morning of Sept. 16, as he watched the box, Stricklin said he saw a man he described to police as a "black man in tan clothing" place money in the newspaper box, then "remove a handful of papers."
Stricklin dialed 911 and talked with an operator as he followed a red Pontiac Solstice, tag number BCD8229, as it made a zigzag path through town. Driving on Williams Road, to Kent Street, onto Donnie Simmons Way, the red convertible continued, with Stricklin following, onto Howard Foss Drive, crossed West Main Street, then on Denmark Street. The car continued onto Johnson Street, then onto West Jones Avenue to a "sharp curve." Stricklin said in a statement to police that he lost sight of the red car at that point due to traffic.
Stricklin then went to the Statesboro Police Department to file a report. An officer taking the report, after asking permission from a superior officer, told Stricklin the tag for the red Solstice convertible belonged to (Statesboro City) "Councilman Gary Lewis," Stricklin said.
Stricklin left the police department and returned to the newspaper rack, counting both the newspapers and the money. Based upon a beginning count of 20 newspapers and the number left in the box, paired with the amount of money in the box, he determined eight papers were missing.
He also determined, by the amount of money in the box, that no one had purchased a paper or opened the box since he witnessed the man he later discovered was Lewis taking the papers, he said.
Police report
In the meantime, Statesboro Police Officer Eric Short responded to Lewis' place of employment and questioned Lewis, who denied having taken more than one newspaper.
In a written statement back in September Lewis made to Statesboro Police, he said he bought one paper, took only one paper, and then left to pick up a client in Sugar Hill (off West Jones Avenue) and returned to his barber shop on MLK Boulevard.
"I never stole a paper from any box .... I don't have that to do," he wrote. "If anyone saw me take papers they should have felt free to approach then. I surely feel that I'm falsely accused."
In the report, Lewis said he showed the officer the one paper in his vehicle.
In September, he told the Statesboro Herald "I told the police I took one paper. I don't know what he (Stricklin) is talking about. I'll be glad to go to court."
Stricklin said there is no doubt in his mind that he saw the man matching Lewis' description, driving a car registered in Lewis' name, fitting the description of the red convertible with a black top that he drives, take a handful of newspapers, not just one or two.
Stricklin and McMillan went to magistrate court to swear out a warrant against Lewis, and an Oct. 13 date was set for the hearing. Citing a conflict, Lewis' attorney Gross requested and received a postponement for the hearing to Monday, Nov. 8. The hearing was canceled after the settlement was reached.
Council, mayor weigh in
Statesboro Mayor Joe Brannen said Monday he doesn't believe Lewis should be asked to resign from his position on the Statesboro City Council.
"This was a legal matter, and I guess he's settled the case, so no, I would not call for Gary's resignation," he said. "He has served on the council since 1998, and this is the first thing (of an illegal nature) that has came up. "
Statesboro City Councilman Travis Chance did not comment on if Lewis should resign.
"I think it's unfortunate that a councilman has put himself in this position," he said. "I hope the independent carrier feels he has gotten some type of compensation for what was taken from him. Any councilman or elected official who is guilty of something of that nature should take a look at how effectively they can serve and sit going forward."
Councilman Tommy Blitch said he "did not know" whether or not Lewis should resign.
"I'd have to sit and think about it," he said. "It's plausible, but he's been a good councilman. I'd want to look at it and study it."
Statesboro City Councilman Will Britt said he recalled Lewis saying he would "have his day in court," and expressed surprise that Lewis chose otherwise.
"Unfortunately, Gary told me everything would be brought up in court, and it did not. He chose not to," he said. "Whether he was innocent, it certainly appears he knew more about it than ‘nothing.'"
Politicians on every level of government have committed illegal acts and have not resigned, Britt said.
"I'm not sure what the benefit (of his resignation) to the community would be, I've enjoyed working with Gary and we've been together for a long time. I understand he wants to continue to serve his community."
Statesboro City Councilman John Riggs could not be reached for comment.
Lewis said he would not resign from his position on the council.
"As long as I know I am innocent, I am happy," he said.