Officer Didn't Follow Policy in Alleged Groping, Police Say

From Powder Springs Police

The internal affairs investigation and the Cobb County police criminal investigation stemming from allegations involving have been completed.

On September 12, 2011, allegations of excessive use of force and improper search and seizure were brought to the attention of the Powder Springs Police Department. Upon viewing the police car video of the incident, Chief Charlie Sewell directed the immediate launch of an internal affairs investigation.

During the investigation, the Cobb County District Attorney’s Office and the Cobb County State Solicitor’s Office were both asked to review the video. Upon the recommendation of the Cobb County Solicitor’s Office, Chief Sewell requested the Cobb County Police Department to conduct a criminal investigation into the conduct of Lt. Alton Bailey and Sgt. Keith Moore.

The Cobb County Police Department found no violation of criminal law by either officer. The Cobb County Police Department’s report is available at the Cobb County Police Department. 

The Powder Springs internal affairs investigation concluded that Sgt. Keith Moore failed to follow departmental Search and Seizure policy. Sgt. Moore will receive a written reprimand and is required to attend additional training.

Lt. Alton Bailey

Because of the threat of litigation, and at the advice of the city attorney, the Powder Springs Police Department will not respond to questions involving this case and will allow the internal affairs investigative report to speak for itself.

Open records requests should be submitted to City Clerk Dawn Davis at ddavis@cityofpowdersprings.org.

Do you agree with the outcome of the investigation? Tell us in the comments.

Background: Wilson, then 23, was pulled over for a tag light violation in Powder Springs on June 1, 2011. Video from the stop (see attached) shows Moore asking Wilson to spread his legs during a search for marijuana, and it appears like the officer touches his genitals.

The car's two passengers had admitted to just smoking marijuana, according to .

Bailey arrived as a struggle began, and Wilson ends up getting shocked with a stun gun. Bailey later resigned when responding to an unrelated fire.

Wilson was charged with a tag light violation and resisting arrest, the report says.

He told the Atlanta Journal-Constitution that his flinch as his pants were being touched was misinterpreted. “I was so violated, I was so very embarrassed,” he told the paper.

Wilson’s attorney asked for $500,000 in damages from Powder Springs, but the City Council rejected the offer, the AJC says. The attorney had said he believed the findings of the investigations will be a basis for a lawsuit, the paper says.

The attorney, James Howard, wasn't immediately available to comment as he is reviewing today's information from police. But his office plans to send out a release shortly.

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