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Written by J. Tovar
Published January 15, 2023 @ 9:30 AM ET
Bartow County (January 3, 2023) – Bartow County Sheriff’s deputies were called to a Chevron gas station on Cassville White Road around 2 AM after witnesses saw a small child screaming in pain from being pinned by a vehicle up against a large icebox outside the store. The vehicle then fled the scene with the child.
The blue Honda Civic returned to the gas station 30 minutes later, and deputies watched a man, Bobby Babb, exit the vehicle and “stumble” into the store.
Inside the vehicle, deputies found a small boy in the backseat with his mother, Jessica Posey. Deputies then watched Posey nodding in and out of consciousness. Officers noted that her head was tilted back with her mouth open, and she was slowly rocking back and forth.
When Posey came to, deputies noticed her pupils constricted and her movements were slow and exaggerated, consistent with someone under the influence of a depressant like heroin. Deputies also noticed a strong odor of marijuana coming from the car.
When Babb returned to the vehicle, he was said to be incoherent, fidgety, and his eyes “glossy,” according to deputies who searched the vehicle and found approximately two grams of marijuana near the child’s car seat.
Babb told deputies Posey had accidentally put the car into drive as they were leaving the gas station, pinning the boy who screamed, but Babb said the boy had already been screaming due to a temper tantrum.
When asked if the vehicle had injured the boy, Babb and Posey said it had not and insisted he exit the car to show deputies he was okay.
Deputies instead noticed the small child limping and unable to put weight on his leg. EMS arrived to evaluate the boy.
Posey faces reckless driving, reckless conduct, and first-degree cruelty to a child charges. Babb faces reckless conduct and first-degree cruelty to a child charges. Posey and Babb were both arrested and transported to Bartow County Jail.
DFCS was notified, and the boy was released to the custody of his grandfather.
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.]
On Tuesday, January 03, 2023, at approximately 0126 hours, I responded to 873 Cassville White Rd. (Chevron) in reference to a vehicle that had fled the area after striking a juvenile in the parking lot. Upon my arrival, the vehicle had fled the scene and BCSO Deputy P. Clonch and I were unable to located the vehicle at this time. The vehicle was described as a Blue Honda Civic (GA TAG: [REDACTED]).
At approximately 0203 hours, I was notified that the suspect vehicle had returned to the location. I arrived on scene, observed the vehicle parked at the fuel pumps, where I observed an unknown white male (later identified as Mr. Bobby Babb), exit the vehicle and stumble into the gas station. As I approached the vehicle, I could see a small male juvenile (later identified as JUVENILE 1) in the backseat accompanied by an unknown female (later identified as Ms. Jessica Posey), in the back seat.
When I attempted to speak with Ms. Posey she appeared to be ‘nodding off’ with her head tilted back, mouth open, and body slowly rocking back and forth. When Ms. Posey came to, she abruptly awoke and I could immediately see that her pupils were constricted and sustained when exposed to light. Ms. Posey continued to make very slow exaggerated movements. These mannerisms exhibited by Ms. Posey are consistent with illegal drug/narcotic use, specifically heroin and other depressants.
Additionally a strong odor consistent with marijuana was coming from the rear passenger compartment of the vehicle. At this time, Mr. Babb exited the gas station and met with me at his vehicle. While speaking to Mr. Babb I observed the following; his movements were sporadic, he could not stand still, his hands were fidgeting, his eyes were glossy, and he was not making sense. A search of the vehicle yielded the following:
- located in the backseat behind JUVENILE 1’s car seat was class jar, containing a green leafy substance consistent with suspected Marijuana. The suspected Marijuana weighed approximately 2 grams.
When asked if JUVENILE 1 was injured during the incident, both Mr. Babb and Ms. Posey stated no and they instructed JUVENILE 1 to exit the vehicle and show me his legs. When JUVENILE 1 exited the vehicle, he had trouble putting weight on his right leg and was limping. Metro Atlanta EMS arrived on scene to check the welfare of JUVENILE 1.
At this time, Dep. Clonch spoke to Mr. Babb, where he was advised of his rights, read his Miranda Warning, and agreed to speak to Dep. Clonch at this time. Dep. Clonch stated Mr. Babb stated they were originally at the gas station to look for a friend who needed a ride, but were unable to find them. As they were leaving Ms. Posey unknowingly having the vehicle in drive, accidentally pinned their son, JUVENILE 1 against the large Ice Box outside the front of the business with the vehicle.
Mr. Babb stated JUVENILE 1 was screaming in pain, but he was screaming before as well due to a temper tantrum, so he believed him to not be injured. Ms. Posey then exited the vehicle, grabbed JUVENILE 1 and got in the back seat, while Mr. Babb go in the driver seat and they left the area. Mr. Babb then stated they drove around for a while, went some where to charge his phone, and returned to the gas station.
Dep. Clonch spoke to Ms. Posey at this time, where she was advised of her rights, read her Miranda Warning, and agreed to speak to Dep. Clonch at this time. Ms. Posey stated they were at the gas station looking for a debit card. As they were about to leave, she accidentally pinned their son, JUVENILE 1 against the large Ice Box outside the front of the business with the vehicle. Ms. Posey stated they then left the area and later returned.
GSP Trooper J. Mason arrived on scene to assist. Trooper Mason conducted field sobriety evaluations on both Mr. Babb and Ms. Posey. Trooper Mason stated he believed both Mr. Babb and Ms. Posey to be under the influence of narcotics at this time. Trooper Mason provided a supplemental report of the incident which has been uploaded to the case file.
At this time, Mr. Babb was taken into custody. Mr. Babb was placed in handcuffs behind his back, checked for fit, and double locked for safety. Mr. Babb was searched incident to arrest for contraband or weapons, none were located. Mr. Babb was placed in the rear of BCSO Cpl. Fleming’s patrol vehicle and transported to the BCSO Jail without incident.
At this time, Ms. Posey was taken into custody. Ms. Posey was placed in handcuffs, behind her back, checked for fit, and double locked for safety. Ms. Posey was searched incident to arrest for contraband or weapons, none were located. Ms. Posey was placed in the rear of Trooper Mason’s patrol vehicle and transported to BCSO Jail without incident.
Mr. Babb’s vehicle was towed by Mathew Smith Towing and a BCSO Vehicle Impound report was completed, DFCS was notified of the incident and JUVENILE 1 was turned over to his grandfather, Mr. [REDACTED] who had arrived on scene.
The following warrants were obtained for Ms. Posey:
- Cruelty to children 1st degree -FVA (felony)
- Reckless conduct (Misd)
- Reckless Driving (Misd)
The following warrants were obtained for Mr. Babb:
- Cruelty to children 1st degree
- FVA (felony) – Reckless conduct (Misd)
The suspected Marijuana located in the vehicle was logged into evidence for destruction.
[End of Narrative]
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