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Judge seen on video attacking defendant suspended by Georgia Supreme Court

Georgia judge facing possible expulsion after he’s caught on video attacking defendant Video from the Georgia Bureau of Investigation shows the Dec. 18 incident between Judge Cary Hays and inmate Brian Keith Davis. (PHOTO: Still frame from video released by the Georgia Bureau of Investigation.)

CRAWFORD COUNTY, Ga. — A county magistrate judge from middle Georgia has been suspended for 30 days after he was captured on security video physically attacking a defendant.

The Georgia Supreme Court accepted an agreement for a 30-day suspension and public reprimand for Crawford County Magistrate Judge Cary Hays III.

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Channel 2 investigative reporter Richard Belcher used the state open records law to get the video of the incident in Roberta from the Georgia Bureau of Investigation.

The video happened during a first appearance for inmate Brian Keith Davis, who was facing a felony drug charge and two lesser charges.

According to the GBI investigation obtained by Channel 2, Davis wanted to be released on his own recognizance, but the judge set his bond at $8,500.

Witnesses told the GBI Davis launched into a tirade of insults.

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A radio dispatcher told the GBI the judge barked at the handcuffed inmate.

“What did you say, boy? Come back here and say it again,” Rachel Hollingshed said Hays told Davis.

“I looked... and the judge had inmate Davis’ faced pressed against the outside of the window,” Hollingshed told the GBI.

The judge himself told the GBI that “he put his hand on Davis’s shoulder to turn Davis around.”

At that point, Davis told Hays, “If you touch me one more time, I’m going to beat your (expletive).”

Davis also told Hays “this is on video,” and Hays replied “I hope it is.”

The district attorney’s office decided not to pursue criminal charges against Hays, but the state’s judicial watchdog – the Judicial Qualifications Commission – filed charges and recommended the suspension to the Georgia Supreme Court.

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