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Name:
Smith, James Matthew
Date of Booking:
07/17/2026
Reason(s) For Booking:
Failure to Register as Sex Offener
Possession of Marijuana Less than 1 oz
Disorderly Conduct
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 July 17th, 2026, at approximately 2:50 AM, I responded to a disturbance at a Waffle House located at 4670 Bill Gardner Pkwy. Upon arrival, I made contact with the store manager and a customer who reported suspicious activity in the men’s restroom.
The manager stated that a male subject had been inside the men’s restroom for at least 30 minutes. The manager told me she had issued a criminal trespass warning to this subject a couple of years prior for running out on tickets, but the warning had expired after one year. The manager indicated she had told the subject the previous weekend not to return to the location.
I spoke with the customer, who identified himself as [WITNESS #1]. [WITNESS #1] stated he had entered the men’s restroom to wash his hands. He said he observed a male subject’s legs up in the air and saw the subject making movements consistent with Mast*rbation. [WITNESS #1] stated the subject’s pants were down, but he did not see the subject’s p*nis. [WITNESS #1] confirmed the incident occurred in the men’s restroom and that the door was unlocked.
I entered the restaurant and made contact with the subject, who identified himself as James Smith. Smith advised that he had come to the location to get water. When I asked why he had been in the restroom for approximately 30 minutes, Smith stated his stomach had been bothering him, and he was using the restroom.
Smith stated he had smoked methamphetamine the day before yesterday. I asked Smith if he had been Mast*rbating in the restroom. Smith denied this and stated he had been using the toilet because his stomach was bothering him. When interviewing Smith, he slurred his words and found it hard to make complete sentences. Smith was sweating profusely and his eyes were blood shot, indicating he was under the influence of narcotics.
I asked Smith if he had anything in his pockets. Smith initially denied having anything, then stated he had a small amount of marijuana on him. Smith indicated the marijuana was located in a small pocket of his pants. I detained Smith and recovered the marijuana from his person. The marijuana was later weighed and determined to weigh approximately 1.1 gram and later placed into property and evidence.
I conducted a records check on Smith through dispatch. The check revealed Smith had an active warrant out of Henry County for failure to register as a sex offender, warrant number 20261036WF. I confirmed Smith’s identity by verifying his social security number.
Based on Smith’s admission to recent methamphetamine use, his behavior, and the marijuana found on his person, I determined probable cause existed for disorderly conduct under the public intoxication subsection and possession of marijuana. The manager confirmed she wanted Smith criminally trespassed from the location and did not want him to return.
I placed Smith under arrest for the active warrant, disorderly conduct, and possession of marijuana. Smith’s handcuffs were doubled locked to the rear and checked for proper fit. Smith was later transported to the Henry County Jail without incident.
[End of Narrative]
