CORDELE, Ga. (WALB) —Cordele Police Chief Danny Hicks is speaking out about a terroristic threat case investigated by his department that has drawn attention on social media, saying the absence of a corroborating witness is preventing an arrest.

Police records show the incident was reported at a community center on East 13th Avenue. Hicks addressed the case during an on-camera interview.

Case details

• Location: Community center on East 13th Avenue, Cordele
• Allegation: Terroristic threat
• Status: Under investigation; no arrest made
• Reason: No corroborating witness, video or audio evidence has been obtained

How a typical arrest is made

Hicks said when a call comes in through 911 dispatch, an officer is given a location and the type of call before responding and making contact with a complainant or victim.

“Then they gather that information to see if a crime has occurred,” Hicks said. “And then they start gathering their evidence to see if there’s enough evidence in order to charge someone with that. Or does it need more follow-up? Or is it so sincere that it needs to go to a detective?”

Hicks said in cases such as family violence, an arrest can be made on scene if probable cause exists.

“If there’s enough probable cause there, then arrest will be affected, you know, right then and there, as long as the probable cause exists to do so,” Hicks said.

Hicks said he would rather not arrest someone than jail an innocent person.

“I would rather let a guilty person go than put any innocent person in jail for something they did not do,” Hicks said. “So, I’m very picky on that.”

Hicks said some cases require additional evidence before a warrant can be signed.

“There’s a lot of circumstantial evidence, but we just need that one more piece of evidence in order to sign those warrants for that individual’s arrest,” Hicks said.

The terroristic threat case

Hicks said a man called police to report he had received a threat and that officers responded and took a written statement from him.

“In a terroristic threat in the state of Georgia, you must have a corroborating third party evidence,” Hicks said. “Now, that can be a, you know, an individual, video recording, audio recording, something of that nature, but you have to have that.”

Hicks said a witness who reportedly heard the threat has not come forward and does not want to be involved in the case.

“We cannot make that person provide a statement which would indicate and lead us to sign a warrant for that individual’s arrest,” Hicks said.

Hicks said courts have ruled that a threat cannot be idle and must be direct.

“That case is not closed, but there is not enough probable cause to effect an arrest,” Hicks said.

Hicks said without that witness, or video or audio evidence corroborating the threat, his department cannot pursue charges.

“We don’t have any video evidence, either audio or, you know, video of the incident,” Hicks said. “We don’t have enough right now to pursue the charges.”

Hicks said the case remains under investigation and that his department will continue trying to determine if that corroborating evidence exists.

“We have to talk to the people that were present, not people that heard from another person who said this or that,” Hicks said. “We have to go with what we can prove and who was present when the threat was made.”

Hicks said the man who reported receiving the threat, not any other party, is considered the victim in the case and has the ability to decide whether to pursue prosecution.

“The individual that supposedly received the threat can say, I don’t want to prosecute,” Hicks said. “And then we would be dead in the water right there. It is entirely up to him.”

Hicks said the person on scene said that the suspected needed his rear end beat.

“I’m not going to treat another individual that way, even if he is a suspect in a crime,” Hicks said. “He deserves the same rights as you and I do. And he deserves a legitimate investigation. If evidence exists that he needs to be arrested, then we will do so. But if there’s not, we will not do so.”

Hicks said officers located the suspect and searched him for a weapon but did not find one. Officers then issued the suspect a criminal trespass warning following the incident.

How the department investigates terroristic threats

Hicks said Georgia law requires corroborating third-party evidence, such as a witness, video recording or audio recording, before his department can pursue a terroristic threat charge.

Hicks said his department treats every case the same regardless of who is involved.

“I don’t care if you live out there in a $5 million house or a $2 cardboard box,” Hicks said. “You’re going to get the same level of investigation from us no matter what.”

Hicks said his department will not act on social media speculation.

“Hearsay is not acceptable in the court system,” Hicks said. “And it’s certainly not going to be acceptable in us, you know, going to sign a warrant for someone’s arrest or taking their freedom away.”

Hicks said his department maintains an open-door policy.

“If you want to come see me and I’m here, I will see you,” Hicks said. “If you have a complaint and we’ve done something wrong, I’ll show you the video.”

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