Towns county sheriff arrested on cover-up charges

<p>A north Georgia sheriff was arrested Tuesday morning, charged with lying to state investigators to protect a deputy accused of firing shots into the home of his wife's lover.</p><p>Towns County Sheriff Rudy Eller turned himself in to Georgia Bureau of Investigation agents at about 10 a.m. at the White County Detention Center. White County is the southern neighbor of Towns County, which sits on the North Carolina state line in northeast Georgia.</p><p>The GBI says Eller lied to investigators about a handgun they believe was used in a July 9 drive-by shooting at the home of Gary Dean of Hiawassee. Dean was "involved in an ongoing intimate relationship" with the wife of Towns County Chief Deputy Eddie Osborn, according to a GBI affidavit.</p><p>The affidavit says Eller originally told investigators that he had been keeping the semiautomatic firearm for Osborn for several weeks. He said he had cleaned the weapon and tried to replace a missing screw.</p><p>When agents told him they believed the gun was used to fire about 10 shots into Dean's home, Eller "changed his story and admitted to the agents that he had not been truthful with them earlier in the interview," according to the affidavit.</p><p>The affidavit says Eller told investigators that Osborn gave him the gun the morning of July 9 and admitted firing shots into Dean's home. Agents say Eller told them Osborn asked him to tell investigators he'd had the gun for "a couple of months."</p><p>The report says Eller also admitted that when he requested a GBI investigation of the July 9 shooting he already knew who had fired the shots.</p><p>Eller faces charges of making false statements, tampering with evidence, hindering and obstructing law enforcement officers and violating his oath as a public officer.</p><p>Officials at the White County sheriff's office said Eller posted a $250,000 bond and was released at about noon.</p><p>GBI and White County sheriff's officials said that Eller did not have an attorney as of Tuesday morning.</p><p>Under Georgia law, only the governor may remove an elected official from office after an arrest. In the case of a sheriff, Gov. Sonny Perdue would appoint a three-member panel _ made up of two sheriffs and state Attorney General Thurbert Baker _ to study the case and make a recommendation to him whether a suspension is in order.</p><p>Bert Brantley, a spokesman for Gov. Sonny Perdue, said the governor's office is monitoring the situation.</p><p>"We are waiting to see if a resignation is forthcoming," Brantley said. "In the absence of a resignation, we'd look at the options, which include that process."</p><p>Capt. Pat Williams of the Towns County Sheriff's office said Eller had not resigned as of late Tuesday afternoon. She said he had not been in the office.</p><p>"The sheriff is still the acting sheriff," she said. "Although he has been arrested, that does not remove him from office."</p><p>Earlier this month, as rumors about the case swirled, Eller said he had no plans to resign.</p><p>"I am still the sheriff of Towns County," he said on July 21. "There are so many rumors going in this county, the truth is hard to find anywhere, and a lot of people believe things they hear."</p><p>The GBI typically handles investigations involving local law enforcement officers. Bankhead said arrests of top officials are uncommon.</p><p>"They happen, but it is rare," GBI spokesman John Bankhead said. "It's an unfortunate situation."</p><p>Osborn, 41, and Deputy Jessie Gibson, 56, face aggravated assault and obstruction charges in the shooting.</p><p>It is typical for law enforcement officers who are arrested to be processed in jails other than the ones in the communities where they serve, Bankhead said. Osborn and Gibson surrendered in neighboring Lumpkin County.</p><p>Agents said when they interviewed Osborn he denied any knowledge of the shooting, but acknowledged that he had driven by Dean's home at least twice on the day before the shooting hoping to fight him if he was alone.</p><p>Dean and a roommate were at home at the time of the shooting. Neither was injured in the shooting.</p>

http://accesswdun.com/article/2007/7/93611