Smith set to enter plea in Whitfield County on April 18
Embattled Gordon County Board of Education member Ricky E. Smith is set to enter his plea in Whitfield County Superior Court on April 18, on an accusation resulting in four felony charges of financial transaction card fraud he faces there. Smith was originally scheduled to enter a plea in February and March of this year, but the plea was continued to April.
The charges stem from an August 2016 incident that began in Gordon County, where Smith is accused of taking the wallet of Linda Joy Poole in Gordon County without her consent and attempting to use many different credit and debit cards in Whitfield County. According to a statement released by the Gordon County Sheriff’s Office in August 2016, the “Cards were subsequently used in a number of transactions at businesses in Dalton the same day. The credit card providers notified the victim of the theft of unauthorized transactions.”
Detectives with the GCSO and Dalton Police Department worked together on the investigation. Dalton Police were able to identify the person using the credit card as Smith, with an address of 582 Brown Farm Road in Calhoun, by using video surveillance film.
Smith was arrested in Gordon County on Monday, Aug. 15, 2016; after posting bond, he was released to Whitfield County authorities on the evening of Aug. 16.
Smith was indicted earlier this month in Gordon County by the Grand Jury on 19 total charges, including seven counts of financial transaction card theft, nine counts of identity fraud and a count each of theft by taking, criminal trespass and influencing a witness.
Smith continues to serve as a member of the Gordon County School Board at this time. According to Georgia Code 45- 5- 6- Public official investigated by special commission upon indictment, the only way for Smith to be removed from his position on the Board is by suspension by the Governor of Georgia.
According to the code, the process for removing a public official who has been indicted on felony charges begins with the district attorney’s office sending a certified copy of the indictment to Governor Nathan Deal, who would appoint a review commission consisting of an attorney general and two public officials who hold the same office as the indicted official. The commission would review the case and make a written report to the Governor within 14 days of convening. If the commission determined that the indictment related to and adversely affected the administration of the office the public official holds and that the rights and interests of the public are adversely affected, t he commission would recommend the public official be suspended from office. If that happened, the governor would then review those findings and recommendation, and suspend the public official from office. Upon a final conviction, the office of the public official would be vacated immediately without further action with the vacancy being filled in the manner provided by local law.
“Gordon County Schools has been made aware of the indictment of Ricky E. Smith,” said the schools in an official statement after his Gordon County indictment earlier this month. “As was released when the incident first occurred, the arrest had no connection to Mr. Smith’s official capacity on the Board of Education, and no public funds were compromised as a result.”