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Jefferson officer broke no laws, DA says

POSTED: February 19, 2009 11:51 p.m.

A Jefferson police officer has been cleared of any criminal misconduct by the district attorney, but he will not return to regular duty just yet.

Robert Fehr was placed on paid administrative leave from the Jefferson Police Department several weeks ago after allegations arose that Fehr “was seeing” a teenager from the Gordon Street Center, a Jackson County School System alternative school for sixth- through 12-graders.

After reviewing the case, J. Bradley Smith, the Piedmont Judicial Circuit District Attorney, concluded that Fehr had not engaged in any crime.

“Based upon the current investigation there is no state criminal statute I am aware of that (Fehr) violated,” Smith said in a letter to Jefferson Police Chief Joe Wirthman.

“The student in question was (17 years old) at the time of the alleged contact. In Georgia, the age of consent is 16 years.”

Smith goes on to say that Georgia sexual assault laws relating to individuals in supervisory positions do not apply because the evidence that he reviewed “suggests that any sexual conduct occurred after his employment at Gordon Street Center had ended.”

Fehr previously provided security at the center on a part-time basis.

Though Fehr has been cleared of any unlawful acts, he will remain on paid administrative leave until an additional inquiry is completed.

“From here, we will do an internal investigation,” Wirthman said. “Although the (external investigation) didn’t yield any criminal charges, we will investigate to see if there where any violations of departmental or city policies or regulations.”



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