CASE NUMBER 2007-05-0213Georgia Code - Crimes and Offenses - Title 16, Section 16-11-39
Statute Code: 16-11-39 DISORDERLY CONDUCT -/MISD/
NARRATIVE Reporting Officer: S131 BUSH, ANDRAOn 5/2/2007, I was working an extra duty job with a surveying crew due to threats they had received the prior day from a man stating that he was not afraid to take the law into his own hands. My shift started at 0800 hours and was to end at 1800 hours.
During our time on Fleeman Road Nellie Sue Worley approached the crew and I several times. Ms. Worley repeatedly was told to leave and she proceeded to act disorderly and repeatedly returned. Ms. Worley was arrested and charged with Disorderly Conduct. Deputy Walker transported Ms. Worley to the Barrow County Detention Center.
(a) A person commits the offense of disorderly conduct when such person commits any of the following:Disorderly Conduct(1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person´s life, limb, or health;
(2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;
(3) Without provocation, uses to or of another person in such other person´s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person´s presence, naturally tend to provoke violent resentment, that is, words commonly called 'fighting words'; or
(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.
(b) Any person who commits the offense of disorderly conduct shall be guilty of a misdemeanor.
(c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disorderly conduct within their respective limits.
Disorderly conduct is a term which is used to describe numerous behaviors which are illegal, and in many cases the bothersome activities and conduct are decided upon by each state independently. Some examples of disorderly conduct may include being drunk in public and loitering, and O.C.G.A. § 16-11-39 (3) states that "(3) Without provocation, uses to or of another person in such other person´s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person´s presence, naturally tend to provoke violent resentment, that is, words commonly called 'fighting words';"
Years ago a person use to be able vent their frustartions verbally not any more!
I don’t say that conduct is good but it never warrent a person to get arrested, let alone stripped and bug sprayed.
If you noticed another thing our laws are changing or the precept of the Laws is changing from innocent until proven guilty.
Now it seems in some cases not this episode you are guilty until proven innocent!
Pay attention it is very subtle
Back to Worley maybe arrested but stripped and spray that is a bit much.
During our time on Fleeman Road Nellie Sue Worley approached the crew and I several times. Ms. Worley
repeatedly was told to leave and she proceeded to act disorderly and repeatedly returned.
Ms. Worley was arrested and charged with Disorderly Conduct. Deputy Walker transported Ms. Worley to the
Barrow County Detention Center.
Was she told to leave her property?
When they disorderly what did she do? it is so vague nothing specific you are to fill in the blanks!
As of now it was he said she said and power moved by surveying crew, maybe she was asking questions and they got fresh with her?
I don’t know but it is not the America I grew up in!
I wish the deputy had been more clear as to her “disorderly conduct”. Bet he does right about now, too. He had better write a better report. Suspension without pay is a bitch.