Is this it for Tim Peck? 

Tim Peck, whose legs were broken by a baton-swinging Fulton County deputy and who was thrice charged with the same crimes, has been cleared by his accusers once again.

State Court Chief Judge A.L. Thompson dropped Peck's third set of charges Jan. 14 -- the day a CL article appeared, outlining the Solicitor's Office's mishandling of the case.

Solicitor General Carmen Smith has yet to explain why Peck had been charged by her office after 1) a magistrate judge dismissed Peck's charges a year ago and 2) the DA's Office dropped an indictment against Peck after learning that his attacker, Deputy Kelvin Smith, sought the indictment -- and conveniently failed to tell prosecutors that the case had been dropped and that he'd maimed Peck. After that faux pas, Smith was fired.

Seven months later, Solicitor Smith (no relation to the former deputy) filed charges against Peck yet again. She says she doesn't know where the charges came from, just that they were sent to her office from the jail. That doesn't make sense; Peck was arrested for two felonies, but the solicitor can only prosecute misdemeanors. Thus the jail wouldn't have sent the charges there without some explanation.

Meanwhile, Peck's attorney is trying to obtain documents absent from the clerk's file that may explain how the solicitor's case came to be. The attorney, Genevieve Frazier, has filed a lawsuit against the deputy, the restaurant where he was working as a security guard the night he beat Peck, the Sheriff's Department and Fulton County. The lawsuit seeks $1.5 million.


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