David Ortega

Name:
Ortega, David Misael

Date of Booking:
12/23/2025

Reason(s) For Booking:
Driving without a Valid License (Misdemeanor)

Hit and Run with (nonserious) injury and/or damage

Following Too Closely

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

December 23, 2025, at approximately 0742 hours, I, Deputy Brito, responded “Code 1” to a Hit and Run in the area of Christmas Ave and University Pkwy.

Upon arrival, I spoke with [VICTIM #1], the driver of the other vehicle involved in the accident. She advised that while she was sitting at the intersection of Christmas Ave and University Pkwy, she was hit from behind by a Blue Honda SUV. After the vehicle hit hers, it passed on her passenger side and made a U-turn in the middle of the intersection and left the area without making contact with her. She stated that when the vehicle was making the U-turn, she saw the driver appear to be a white male with shoulder-length hair and possibly in his twenties.

I then completed a search through Flock and located a vehicle that matched the description in the area approximately ten minutes after the accident. I was able to obtain the tag plate number of [REDACTED], which returned to a [REDACTED] to a 2007 Honda Element. I made contact with witness [WITNESS #1], who advised the vehicle in front of him was being driven by a male, and once at the intersection of Christmas Ave and University Pkwy, it rear-ended V2 and then made a U-turn and left the area by turning left onto Gifton Thomas Rd.

I then attempted contact with [REDACTED] by calling the phone number on the GCIC return for his driver’s license. I was able to speak with [REDACTED]. She advised that the vehicle actually belonged to David Ortega and that her son, [REDACTED], was at work and would not have been driving the vehicle. She advised the vehicle could be located at [1300 BLOCK] Loganville Hwy. I asked [REDACTED] if David had long, shoulder-length hair, and she advised yes.

When units arrived at [1300 BLOCK] Loganville Hwy, we located the vehicle but not the driver. A short period of time later, [REDACTED] arrived on scene, advising that he was the driver of the vehicle. He advised that he just panicked after hitting the vehicle and left the area. I asked [REDACTED] what direction he took from the crash, and he advised just straight to this location. I asked him if he had turned left onto Gifton Thomas Rd, and he advised no. I noticed [REDACTED] had on a hat, which I asked him to remove. I noticed [REDACTED] had short hair.

At this time, I advised [REDACTED] that I knew he was not the driver of the vehicle due to his short hair and him not knowing the direction the vehicle had left the scene in. I advised him I was placing him under arrest for obstruction, and he paused for a moment and advised that he was doing it because David Ortega was his good friend, he did not have a license, and was in the US illegally. He explained that David was scared to be deported.

I advised [REDACTED] that if he could get David Ortega back to this location, I would not arrest him for Obstruction. A short period of time later, David arrived on scene and advised that he was the one driving the vehicle in the Hit and Run. He advised that he left because he had no license and was illegal. I advised David that he was now under arrest for Hit and Run, Following Too Closely, and Driving without a Valid License.

David Ortega was handcuffed behind his back, and the handcuffs were checked for proper fit and double locked. He was searched incident to arrest with negative results. He was transported to the Barrow County Detention Center and turned over to jail staff. He was issued the following citations. #139442 for OCGA 40-6-270(a) for Hit and Run, #139443 for OCGA 40-6-49(a) Following too Closely, and #139444 for OCGA 40-5-20 Driving Without a Valid License.

[End of Narrative]

The information below reflects all details available at the time of publication and was obtained directly from the official court database accessible to the public. Court records are subject to change at any time at the court’s discretion. The Georgia Gazette is not responsible for errors, omissions, or discrepancies within the docket. No information provided should be construed as legal advice or opinion. All individuals are presumed innocent until proven guilty in a court of law.

Case History:

12/24/25

APPEARANCE BOND SET FOR DAVID MISAEL ORTEGA

What this means: David Misael Ortega was granted a bond following his arrest on December 23rd in Barrow County. This allows him to be released from jail while his case is pending, provided he meets the bond conditions set by the court.

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12/30/25

ORIGINAL CITATION FILED WITH COURT CLERK

What this means: The traffic citation against David Misael Ortega was officially filed with the Barrow County State Court clerk. The citation scheduled his initial court appearance for February 13, 2026, at 8:30 AM. This filing formally begins the court process for his alleged traffic violations.

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02/11/26

ACCUSATION FILED AGAINST DAVID MISAEL ORTEGA

What this means: Solicitor-General Kyle Thompson formally accused David Misael Ortega of three charges in Barrow County State Court case 26-ST-00144: Count 1 – Hit and Run (O.C.G.A. 40-6-270), Count 2 – Driving Without a License (O.C.G.A. 40-5-20), and Count 3 – Following Too Closely (O.C.G.A. 40-6-49). These charges stem from an alleged December 23, 2025, incident on Christmas Avenue where Ortega is accused of being involved in a vehicle accident and failing to stop at the scene.

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02/12/26

DEFENSE ATTORNEY THAYER KOLBO ENTERS APPEARANCE

What this means: Attorney Thayer Kolbo of Kolbo Criminal Defense, LLC filed an official entry of appearance to represent David Misael Ortega in this case. This establishes the attorney-client relationship and notifies the court that Ortega now has legal representation.

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02/12/26

DEFENSE FILES CONSOLIDATED MOTIONS AND DEMANDS

What this means: David Misael Ortega’s attorney Thayer Kolbo filed extensive pretrial motions with the Barrow County State Court, including requests for discovery evidence, witness lists, police reports, and suppression of any illegally obtained evidence. The defense also filed demurrers challenging the sufficiency of the charges and requested court recordation of all proceedings. These motions are standard defense tactics to ensure Ortega’s constitutional rights are protected and to obtain all evidence the prosecution plans to use.

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02/12/26

DAVID MISAEL ORTEGA WAIVES FORMAL ARRAIGNMENT

What this means: Through his attorney Thayer Kolbo, David Misael Ortega waived his right to a formal arraignment hearing and entered a plea of not guilty to all charges in Barrow County case 26-ST-00144. He also requested 10 days from receiving discovery materials to file additional motions. This allows the case to proceed without the need for a separate arraignment hearing.