Were you ever trained from an FTO or anything to to leave out certain people or did you ever have a sergeant over you tell you don't put me in that report kind of thing? >> No, I just >> we have tried to have a school board meeting and we've got a guy standing at the front door in front of our steps with a gun. >> Do you understand how reading these two together this would cause big problems in court? Welcome back to the Lackluster channel. The school board in the city of Georgia wanted to expand its property by acquiring the land in between one of their elementary and high schools. The plan was to build a public park, but the school board had one tiny issue. The land was already owned and it was in use by the American Legion. The city offered to buy the land for $1.8 million. The American Legion laughed at the deal because they had their own appraisal done and they valued their property at $4.5 million. So when the American Legion refused to sell their land at a $3 million loss, the school board voted to pursue forcing the sale through eminent domain. Eminent domain are two fancy words and frankly they suck. Combined, they create one of the many despicable powers awarded to government through the United States Constitution, the Fifth Amendment, no less. It allows the government to simply take your land as long as it's then used for public use. The Fifth Amendment also requires that when they force you to forfeit your own home, the owner must receive just compensation. So, all that brings us back to 2014. Earlier in the day, I'd spoke to Major Atkins um and he had, I think, been in touch with Dan Branch from the city of Buford, and they were anticipating a large crowd, possibly uh unruly in reference to a imminent domain hearing that the school board was going to have regarding seizing some property from the American Legion. when the school board held a vote on whether or not they were going to force the American Legion to sell and members of the American Legion attended to protest the vote. >> They had already lined up uh protesting the imminent domain taking of their building. >> Consequently, they anticipated that some of those people might show up and be um unfriendly. They were just a little bit anxious about what might happen. One of the school board members, Beth, uh, came in and said, "U, there's some guy out here in a pickup truck that's in the employee parking lot. Uh, Dr. Hammy asked me to go outside and and and explain to him he needs to park in the public lot." So, I walked out and that's my first contact with with with the individual. And, uh, he had some signs and I explained to him that we don't allow signs and that he that this was an employee lot. And his response to me, "Well, there are no signs." And I said, "Well, it's around. You're welcome to park in the front and move on around to the front." And then I went back into the building. He was starting to uh talk to me. And I went on back in. After about 30 minutes, Dr. Hammy asked me again to go out and address the gentleman. He had taken the signs back out and explained to him he couldn't have signs at the location. >> We don't allow any kind of signs for school property. >> And and that's any campus. We don't allow people unless it's something to do with education or something like that. That's it. That's the only restriction they tell me is no silence. >> Oh, okay. Because that uh that's actually a violation of free speech. >> I told him that the gun was not an issue at that time. >> Okay. >> And you talked to our city attorney. He's in there. >> If she can come. I can't go inside because uh uh I'm armed right now. So, uh >> I can't restrict you from bringing a weapon in if you're a carrier. >> Oh, you can't? >> No, sir. >> Oh, okay. Cool. >> It's a public building. >> I I didn't know. That's a lot. >> There was a a a white male standing at our front steps throwing cigarette butts on the ground and standing with a what appeared to be a loaded firearm. >> Dr. Hamby uh uh saw the gun and became very uh agitated and uh and and said he wanted the guy removed. >> Uh the uh school resource officer asked the the man to leave. Well, while Lieutenant White and I were in there, I explained uh to them. I said, "I think this gentleman is asking for this. And if we if we just ignore this, he's not coming in the building. He just wants to stand out there and he thinks this is going to be a media event. We shouldn't make him the issue because that's what's going to take place." >> Just we don't allow signs. That's it. >> Okay. Well, uh >> I'll bring him out and let >> That's fine. I heard some radio traffic about somebody out front and I thought that's really strange, you know, because I'm sitting here, you know, and they Well, as I later found out, d Superintendent Hamby wanted to make a 911 call so there'd be official record. >> The man said he didn't have to leave or or chose not to leave. And at that point, I found it necessary to call 911. >> Okay. Can you name who had asked him to leave, sir? Dan Branch ask uh this person to leave >> location of the emergency. >> Yes, ma'am. I'm at uh the Buford City School Board and we have tried to have a school board meeting and we've got a guy standing at the front door in front of our steps with a drone. >> And I'm like, I kind of wish he would, you know, have come and said something to me. You know, I could have just put the radio traffic on the air or something because it makes me look stupid sitting there and you know, and they're we're getting a 911 call in the building. He's making people feel they uncomfortable. So, I'd like to have a police person come out and uh address the fact he's standing here on a school campus with a gun and not letting people come in the door not feeling comfortable. >> Okay. What does he look like? Is he white, black, Hispanic? >> He's a white guy with a beard, got militia on the front of his shirt, and he's standing in our front steps possessing a weapon, a gun. He got a 9 mm 45 type pistol on his side. He on school property. Last time I checked it against state law be on school property with a gun. >> And he has a gun in his hand. >> He got it on his host like a cowboy on his on his host. >> In Georgia, it is unlawful in most situations to carry a firearm on a school campus. But at the time, the statute did not include the central office as a gun-free zone. The Georgia code was amended in the year 2020 to include any property the local board used. But during this incident, Jim was lawfully carrying his firearm. >> You talking to anybody or doing anything? >> Ma'am, he's just standing in front of our steps with and he's got a gun on his holster and smoking cigarettes and making people feel uncomfortable coming in the door. >> Uh we got a call for a suspicious person at the school. a man with a gun standing on the front steps protesting. Uh myself and officer Flora were in route. We got there >> and he doesn't look like a parent or anything, right? >> No, ma'am. He's not from around here. No, ma'am. I know the >> dispatcher advised responding units and myself that there was a man standing on the front steps of the city school office with a gun on his hip and smoking a cigarette, carrying a sign. >> Don't have visual on him right now. They've been standing there for about 10 minutes just standing in front of our step. >> All right, we have several officers on the way there. >> Advis that they had already asked them to leave. I as I drove up, I saw Sergeant Wilkerson approaching the the subject. Um I got out of my car and approached them. >> We initially got a dispatch call through radio saying that there was an armed subject at the Buford City School office, uh which is not technically one of the schools. It's one of the It's the office complex that manages the schools. >> And he just pulled up. Do you see the sergeant outside the truck? >> Oh, yes, ma'am. >> Is the guy still standing there? >> Oh, he's they 10 ft apart from each other right now. >> Okay. Thank you, sir. >> Thank you. Have you locked up? >> Once the officers arrived uh from our department, um did you what did you observe them do? >> Well, I told the 911 dispatch that there was a person with a gun standing at the front steps. obstructing people from coming into the meeting. People were feeling extremely uncomfortable because they were having to walk around a man who was blowing smoke and uh had a gun in his possession. >> Yes, sir. Were did the did our officers when they arrived though um did they ask did they did they ever ask you any questions? The officer did ask me if I wanted that person to leave and I told him yes that we wanted him to leave and uh to be arrested for uh being in possession of a firearm on school property. >> Okay. And in regards to uh this location, we are on city of uh city of Buford school system property here and you are the superintendent of schools and you have the authority. >> This is school system property and it has been state law for many years not to have a a firearm on uh school property. >> Yes, sir. Uh, >> I can't restrict you from bringing a weapon in if you're a carrier. >> Oh, you can't? >> No, sir. >> Oh, okay. It's >> a public building. I >> I didn't know. >> That's a law. It's just we don't allow signs. That's it. >> And that's been a rule since I've been I was with the county police 37 years. >> His wife was standing off to the side filming us with one of her filming us with a camera, which, you know, you could kind of see the direction this was going. Before Sergeant Wilkerson had even said anything, the the gentleman already just basically was holding a sign. um about something about Second Amendment rights. Um and he said he was there doing a peaceful protest regarding his second amendment rights and it was his constitutional rights to do so. I just walked up and said, "Hey bud, here's why I'm here. You're scaring people." Quite simply, school doesn't want you here. Can you leave? >> I really am. I do. This is the question. Do it somewhere else. Okay. as my friend. Unbeknownst to me, Lieutenant White was actually in the building. Um, and he walks out behind me. So, when I walked out front, Sergeant Wilkerson and Officer Flora were there. I watched several people sequentially talk to the guy and tell him to, you know, he was he had an open carry and um, you know, there was this discussion about, you know, whether he could have it there and and so forth. And over a period of time, several people um told him that he could not have his weapon there on school property. >> Let's go ahead and do that. >> While we're going around and about, you know, I'm letting him talk about his second amendment. At one point, he even pulls out the constitution. And I think I said something like, "That's a fantastic read. I love you. remain here. I am not breaking [Music] He could take his weapon and go out onto the easement where he would not be on school property. He could place his weapon in his vehicle and secure it there. Uh and then he'd be welcome to come inside or he could just outright leave. But those were his options. It was made very clear to him that those were his choices. At some point, I'm not the most patient person in the world. So I said, "We're gonna put an end to this." You know, he's either going to comply or he's gonna get arrested >> from this forward. Sergeant Wilkerson eventually breaks an awkward silence and tells Jim to just go to the street. Shortly after, Lieutenant White gives him his final warning. He turns around, puts his hands in the uh arrest me position. And um at that point, I just walked up. I touched the back of his hands to let him know I was there. And then I moved and covered off on his gun and we called in Officer Flora to place the handcuffs on him and arrest him. The only thing that I'm aware of that that uh occurred after that was Flora did have some difficulty with Judge Russell in obtaining the arrest warrant because at some point I became aware of the fact that Flora had been at magistrate court for an extended period of time and I asked officer Wilkersonson I said what's he doing down there you know and so he called him and then I I don't think he got him originally but in after a little bit floor called him back and explained that that the judge was being very reluctant to to issue the warrant. But, you know, as far as we're concerned, um you know, he was on a place um that somebody had authority over that being the superintendent of Bertage schools. That person asked him to leave. Uh he refused. So, an arrest was made and you know, it was pretty straightforward. It was pretty straightforward except for the fact that the arrest was unlawful. The arresting officer spent three hours trying to convince the judge that he had a case. The judge was hesitant. Um, and I guess there's a couple of issues that the judge was looking at is maybe it was a public venue as far as the school board uh the city the city of Buford having a public uh hearing on it. That piece of property from my boss has told me that this property has not been transferred officially into the school system. So that piece of property is actually city of Buford property. >> So I'm thinking that was probably her hold up on it. Uh again, what I looked at it wasn't necessarily a gun issue cuz >> I wasn't going after the gun anyways. He was there making people feel uncomfortable. Mhm. >> Uh, and from that point, we just looked at it like, well, go do your protest, just do it off the property. >> Once Jim was released, he requested the records from the department. >> This your original incident report right here that you completed. >> When he received the police report, he noticed several inaccuracies in Officer Flora's statements. >> Yes. >> Okay. All right. Let's let's go over paragraph two here. Um, you discuss in here where you state that I advised Culie since Hamby had asked him to leave the premises, he was required by law to do so or I would have to place him under arrest for criminal trespass. What's going to happen? >> Koulie stated he disagreed with my statement. Hamby approached myself and Kulie. I asked Hamby if he wanted Kulie to leave the premises and Hamby stated yes, I want him to leave. >> More property here still. shot. >> I turned to Kie and told him we need that he needed to leave the premises. At this time, Kulie turned his back to me and placed his hands behind his back and stated, "Well, arrest me then." I placed Koulie in handcuffs, double locked and checked for fit, and searched this person's incident to arrest. Are you familiar with uh with Officer Flora's original incident report? >> I am. >> Okay. Uh what can you tell me about the narrative portion of that? Do you recall anything about the narrative? I read it. Yes. >> Oh, okay. In regards to that, I know in that portion he lists that it states that I in referring to himself. Um, was there any do you know if any correction was made in regards to that or >> Well, and I should be responsible for this. Um, and I think when it got to Major Edin, he asked him to rewrite it with additional detail. >> Did Flora do much talking though, or was it Flora? really didn't do a whole lot of talking with it. >> So, you're saying you did these things right here in this portion right here? You understand where I'm getting at, correct? >> Yeah. Yes. I This is This is my original um incident report. Um I did place him under arrest. I was the arresting officer. Um Sergeant Wilkerson um is the person who who told him to leave and asked him to leave at first. Um when he did, I was obviously there. I was standing next to him. Um, and then when Sergeant Wilkerson asked him to do so, that's when he turned his turned his back to me. >> Okay. >> To us. >> I got you. Any u What was the reason why you put I in here for yourself and not Sergeant Wilkerson? >> I I was the arresting officer. I was standing literally armed arm to arm uh with Sergeant Wilkerson. Um just since I was the arresting officer, I I don't really know. I don't have a good reason for that. My take on the original incident report was it was just generic. But again, there wasn't anything complicated about this situation. So, I didn't take it as he was misconstring anything. I didn't take it as he was uh intentionally omitting any details. >> The complaint is saying it wasn't accurate. He's saying you or the lieutenant did all the talking. He doesn't understand why the officer was writing it from like first person. >> First person. You know what I'm talking about? Okay. Any reason why that would have been put in there that way or >> Okay. >> I think we even talked about making sure he was putting in the people that did the talking and things like that. >> Why Why did you submit that that secondary supplemental report? >> Because I wanted to add more information uh have a more detailed report. Um, and I realized later on after, you know, submitting the report and reviewing it. Um, that I needed to add more of the information as to what I did, what Sergeant Wilkerson did. >> So, did you take this upon yourself or were you instructed to uh to write this new supplemental putting Sergeant Wilkerson? >> Sergeant Wilkerson um did ask me to review the report, which I already had done. um he, you know, advised me it might be a good idea to add some more detail. >> Granted, you know, perhaps in hindsight, um we we could have been more detail oriented, but even once the video came out and you look at the video, you go, that's exactly I mean, if you read the report, that's what happened. It just didn't have all the names of all the people that were there. And you know that I I read the report so I probably should have told him to to included additional information. >> But in regards to that, Officer Floyd did go back and complete a second supplemental. >> He did. >> Okay. >> In fact, I think we all did. >> Uh because the first time it came through, it basically left us out and we went back and said, "Hey, put us in because that's that's your that's your narrative." >> Yeah. You're referring to his second supplemental that he put in the next day after. Okay. Yes. Okay. Cuz we have that as well. >> Okay. >> Yeah. I I needed I needed the names and stuff to be in there accurately. >> No, that's that's fair. >> And of course, y'all have my supplemental that dictates basically >> verbatim. >> Was that Did he mean that he had sent it back for you to review? Was it back had he sent it through copper fire so you could re look at it? >> I don't believe so. No. So, what do you think he meant by that then? Was to just go back and basically write us up without saying write us up? >> No, I just I think he he wanted me to add more detail. Um, as far as everything that was said, uh, everything that was done. Um, just because my my original report obviously as you can see it's the supplements quite, you know, a little bit longer. the original ever get kicked back to you through copyr. >> I I don't remember. >> I don't remember. >> No. >> So you But you don't rec So you don't recall ever going back though and making corrections on this report though? Correct. >> I don't think so. No. >> All corrections were done through the use of the supplement >> I believe. So yes. >> Okay. As far as speaking to the guy, I know Flora was there for probably 90 95% of it. Uh, but I did a majority of the speaking. The lieutenant did a majority of the speaking. Uh, and that's pretty much the gist of it. >> Did anyone when you wrote it this way initially, did anyone instruct you to write it that way initially? Mhm. >> Like did you have a sergeant or a lieutenant say, you know, please, you know, write it word a certain way so that our names aren't listed in the report? >> No. >> Do you think that was your motive was to try to avoid them having to be listed in a report? >> No, I honestly just I was uh Mr. Mr. Kulie, the suspect um and Sergeant Wilkerson really had he was the first responding officer, the first one on scene. um he he really hadn't had any interaction with Mr. Kulie without me being there um and me being the arresting officer. I just um which is which is the reason why I went through and submitted this up in my report because I realized that, you know, I I wasn't the one that advised him that he needed to leave or he'd be placed under arrest. Um that was actually Sergeant Wilkerson. Um but no, that was that was not mine. I was not instructed to do so. Okay. >> I mean, another thing, we're not interviewing you by choice. Like, the the suspect that you took to jail is the one that brought this up. He he originated this complaint. >> Okay. >> He complained about basically his arrest and then he complained about the accuracy of the report. So that's the reason we're having to cover this topic is because, >> you know, we don't go fishing through reports and look to see if there's any little mistakes or anything like that, but when someone brings it to our attention, >> do you understand how reading these two together, this would cause big problems in court? >> Right. >> Because any defense attorney is going to read paragraph two and read your sub and say, when you get on the stand, you know, officer, did you write this? Yes, I did. So, did you say this? Did you tell him he needed to leave the property? Did you ever tell him that >> that he >> I did not know? >> No. >> But then that he's going to ask you, "Well, why does it say in paragraph two >> that you said that you you know, and >> right, >> it's just going to look horrible. It's going to >> be such a conflict that, you know, I'm not sure how it would affect prosecution of it." you know. >> Mhm. >> Were you ever trained from an FTO or anything to to leave out certain people or did you ever have a sergeant over you tell you don't put me in that report kind of thing? >> No, I just I just I wrote the report um right after I left the jail. Um and I just I I honestly just think I just kind of in the moment just wrote it because I was arresting officer. I was there for everything. Um and Now, because when I was new to the road, um, and I had to write a report and I was trying not to put a lot of names in it, if I had to word something like that, I would say, "Mr. [ __ ] was told to leave the property." Mr. Kulie was instructed that he could take his gun off, but I wouldn't put my own name as saying, you know, I wouldn't put I told him when I didn't. I would say Mr. Kulie was told. In regards to when you got to court, um were there any issues involving obtaining the warrant? >> There was. >> Okay. >> Um there wasn't really I wouldn't say problems. Um because we I you know I had all the probable cause to obtain the warrant for criminal trespass, which which I did. Um she questioned me uh pretty thoroughly and pretty lengthfully about um why I was using criminal trespass. um why she didn't believe it fell into that category. Um >> was she trying to tell you other charges or she was trying to tell you there was no charge? >> She just she was questioning that I you know my probable cause for the criminal trespass. Um which I actually later on found a different uh >> code section >> code section that actually fits it which criminal trespass does fit for this case. Um there's no doubt about that. There was actually substantial doubt because in the end Jim's criminal charges were dropped. >> I explained to her and one of her arguments was um well was he doing anything unlawful um on the property? And my argument was he doesn't need to be doing anything unlawful. He was asked to leave by the school representative being the superintendent. Um, >> did you ever explain to her that he was either smoking and carrying a protest sign and carrying a gun? Did you? >> I did. Um, >> you described all of those or at least >> I did. I did. Um, I I She knew the whole all the circumstances. Um, and I I honestly all of her arguments really didn't make much sense to me because all of her arguments um were arguments of probable cause for the criminal trespass, which all of all of them we had probable cause for the arrest. So, >> in a strange twist, Jim asked the court to reinstate the case because he wanted a jury to hear his defense through a trial and find him not guilty. this motion that you filed to set aside? >> Yes. >> Do you not realize that that charge was uh nipped by the solicitor's office? >> Yes, I do. >> Okay. So, you want to set that aside for them to prosecute you now on that charge? >> That's correct. >> Okay. But you realize that that charge was dismissed. I mean, it was administratively dismissed. I understand that, but uh uh I want my uh I want my opportunity to go before a jury and have a jury decide my case. >> But the thing about it is it was dismissed. >> That's that's fine. >> Not going anywhere. >> That That's fine. I I I have the right to have that decision set aside by by a judge and de and demand my jury trial. that's uh in the con in the Georgia state constitution. It states that >> Well, you're right. You're right. But it's just so funny because they've dismissed it. Don't even want to go forward with it. >> I understand. I understand they don't want to go forward with it, but I do. >> Okay. So, you want to take your chances with the jury. >> That's correct. >> Wow. Okay. >> The charges were never brought again, but he did file a federal civil rights lawsuit. Jim Culie is known for carrying two things pretty much wherever he goes, a gun and a camera. He's now armed himself with this federal lawsuit as well, asking for millions of dollars after an arrest last year. As he stood outside a Buford City Schools board meeting, he held a sign with the words, "You are servants of the people." He also had a 380 handgun in his holster on his hip. The school superintendent called police. Quinnette County police charged Kulie with criminal trespass, but later the charges were dropped. Koulie's fighting back though, filing this multi-million dollar lawsuit against the city schools, county police, and others for what he says were constitutional rights violations. >> I was injured. I was humiliated and uh they need to pay for that. The school board raised qualified immunity as a defense as the doctrine does cover all government employees, but the case was eventually dismissed because the court determined that his right to protest and possess a firearm was not violated by the school board. As for the American Legion and the vote that Jim was protesting, well, the school board voted to [ __ ] the veteran group out of $3 million and claimed eminent domain, forcing the sale of the property at a heavily discounted price. But the community was outraged, as they should have been, and they let the board know it. And just a few short months after that incident, the board finally agreed to pay a fair market value for the property, but only after disrespecting the organization and the veterans it served by dragging them through court. The board eventually decided against forcing the sale, and it's really kind of unclear what happened next. But in 2022, when checking Google Maps, it appears that the American Legion was torn down. But I did find a new facility that opened just 5 mi away from the old one. So I'm assuming that something happened. They sold and rebuilt. Officer Flora was reprimanded for filing a false narrative. And while researching this, I found that superior officers that are lazy and don't wish to add a supplemental narrative or risk being subpoenaed to a court will actually teach their subordinates not to include the names of other officers on scene. And as seen even in this video, the internal affairs investigators clarified a clean way to write a report so that they can be ambiguous while not lying and still having an out through plausible deniability. >> Now, because when I was new to the road, um, and I had to write a report and I was trying not to put a lot of names in it, if I had to word something like that, I would say Mr. Kley was told to leave the property. Mr. Kulie was instructed that he could take his gun off, but I wouldn't put my own name as saying, you know, I wouldn't put I told him when I did. I would say Mr. Kulie was told. >> Essentially, instead of teaching Flora not to lie, they taught him how to lie. So, if anything should teach you not to trust law enforcement, that should. Not to mention that neither Flora or the officers who taught him these tricks are on the Brady list. As for Mr. Hamby, the 911 caller that created the issue. He eventually resigned. >> Dr. Guy Hamby turned in his resignation today. >> Ham's resignation comes just 2 days after the Buford School District suspended him from his post as superintendent. That move followed the release of a profane recording laced with the N-word. Sir, >> it's Hami making disparaging and threatening remarks about black construction workers on a job site. Look, we got we got young kids right here needed to put in the words. >> You know, we lost a strong leader when when >> you heard right, Buford City School Board Chairman Philip Beard just said we lost a strong leader when Mr. Hamby went down. It was a defining moment of outrage and one after another, residents voiced their concerns about the handling of Dr. Ham's racist rant. the hoods have been revealed. And the way he talked, the way he talked about the how he wanted to do that to that black man, like he said it was like just breathing air and he didn't have to do what we do. I kill you if they let me. >> But that anger wasn't just directed at the former superintendent. The entire school board and Philip Beard came under fire. >> Shame on each and every one of you at that table. And shame on you, Philip Beard. You have known about this recording and Mr. Hamby's words since they were first uttered by him on the now infamous tape. You were the unidentified voice we hear speaking with Mr. Hamby. You sat there while these vicious and disgusting words flowed from his mouth. >> But Beard didn't take the attacks lying down. >> Were you are the one on that? >> I don't know. I said they're going to analyze it. >> Once it once it's analyzed, the tape the attorneys told us was put together. They've asked for the original and we'll get the original. I've I've said what I've said. The man Mr. Ham is gone. He's done us all wrong and we'll straighten it out. That's all I've got to say. >> Hopefully this video will be helpful to somebody someday somehow. Outside of that, I'd love to know what you guys think of this incident and how this story was told. If you have a video that you'd like me to review, you can submit it using my forms linked below.