Best Interest Plea entered by Gray

by Benita Fuzzell

Former South Fulton City Manager James Gray entered a best interest plea to misdemeanor charges of attempted criminal simulation March 28 before Obion County General Sessions Judge Jimmy Smith.

A best interest plea means that a defendant does not admit guilt to any offense, but agrees that a guilty plea is in his best interest under the circumstances. Acceptance of a best interest plea is in the court’s discretion.

Gray originally was charged with two felony counts of criminal simulation, following his arrest by Union City Police Department officers, related to his attempts at two Union City businesses to use counterfeit $100 bills Feb. 23-24.

Gray was hired by the South Fulton City Commission in January following the resignation of City Manager Jeff Gabbert. He began his position with the City of South Fulton Feb. 11 and was placed on paid administrative suspension Feb. 28.

During regular South Fulton Commission session March 21, Mayor David Lamb and Commissioners Billy Williams, Terry Taylor, Tommy Pruett and Beatrice Wilcox voted to provisionally terminate Gray, and under that provision, as set out in the city charter, in the event the city manager is removed from his position prior to a 12 month term, the city manager may request written charges relating to his termination and a public hearing.

At the March 21 meeting, the officials designated Gray would have until through April 5 to make that request regarding written charges and a hearing, and would be paid through that date.

According to Judge Smith, the court will not enter a finding of guilt until it is determined if Gray is eligible for judicial diversion, a type of expungeable probation for eligible offenders who may have never been convicted of a felony or some types of misdemeanors.

Should Gray be eligible for the diversion, he would receive six months to allow for the completion of 40 hours of community service with a non profit, and court costs. Once those requirements would be met, the charges would be dropped. Should he be found not to be eligible for the diversion, Gray would be placed on probation for that period of time with the same court cost requirements and community service hours.

Johnny Bacon, Jr. has been hired as Interim City Manager for the City of South Fulton, following action taken by the commission in March.