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Name:
Fitzgerald, Benjamin Evan
Date of Booking:
04/24/2026
Reason(s) For Booking:
CRUELTY TO CHILDREN IN THE THIRD DEGREE
CRUELTY TO CHILDREN IN THE THIRD DEGREE
AGGRAVATED ASSAULT
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 Wedsnday, April 1st, 2026, I, Deputy Hasan King (Unit 224), was dispatched to [1400 BLOCK] HEPHZIBAH MCBEAN RD, Augusta, GA 30906, in reference to a domestic assault.
Upon arrival, deputies made contact with [VICTIM #1] (Victim). [VICTIM #1] stated that while inside the residence, she and Fitzgerald, Benjamin (Primary Aggressor) were arguing about getting their children ready. [VICTIM #1] and Fitzgerald both initially told deputies that the incident was only a verbal disagreement. RCSO deputies and Fitzgerald then left the scene.
Once Fitzgerald left the area, [VICTIM #1] contacted RCSO again and stated she had been afraid to report what actually happened while Fitzgerald was still present. [VICTIM #1] stated that during the argument, Fitzgerald became visibly upset and began physically assaulting her. She stated he threw a baby booster seat at her, then grabbed her and began choking her until she lost consciousness.
[VICTIM #1] stated that two of her children, 6 year old [REDACTED BY AGENCY] (Victim) and 4 year old [REDACTED BY AGENCY] (Victim), were in the room during the assault. [VICTIM #1] stated that when she regained consciousness, Fitzgerald was packing up his firearms and told her that if she called the police, he was going to kill her. [VICTIM #1] further stated that before deputies arrived on scene, Fitzgerald pointed a firearm with a green laser at her and told her that if she said anything, he was going to kill them.
Deputies observed bruising on [VICTIM #1]’s shoulder and neck. [VICTIM #1] was evaluated and cleared by EMS. A case card and available services were provided. Warrants were applied and secured, CID was notified and aproved warrant. Record Clerk [REDACTED] was notified.
[End of Narrative]
All information is sourced directly from the official, public court database. Case history is organized and curated by The Georgia Gazette staff. The “What this means:” explanations are written by AI and reviewed by our staff before publishing.
Court records are subject to change at the court’s discretion. The Georgia Gazette is not responsible for errors or omissions. Nothing here is legal advice. All individuals are presumed innocent until proven guilty in a court of law.
Case History:
5/11/26
NOTICE OF LEAD PROSECUTOR
What this means: The State has identified the prosecutor who will lead the case against Benjamin Evan Fitzgerald in Richmond County Superior Court. This prosecutor will represent the State throughout the proceedings.
5/12/26
ENTRY OF APPEARANCE
What this means: An attorney has formally entered the case on behalf of Benjamin Evan Fitzgerald, notifying the court that they are representing the defendant.
5/28/26
BOND HEARING HELD
What this means: A judge held a hearing to determine the conditions under which Benjamin Evan Fitzgerald could be released from custody while awaiting trial. The court issued a conditional bond order, meaning the defendant was released but must follow specific conditions set by the judge.
5/29/26
NOTIFICATION OF BOND AND ADDRESS FILED
What this means: The court received notice of Benjamin Evan Fitzgerald’s current address and bond status, which is part of the standard process for tracking defendants released on bond.
8/18/26
GRAND JURY RETURNS INDICTMENT — 11 COUNTS FILED AGAINST BENJAMIN EVAN FITZGERALD
What this means: A grand jury has reviewed evidence in the case and determined there is probable cause to believe Benjamin Evan Fitzgerald committed the crimes he is accused of. The indictment formally charges him with the following counts: three counts of aggravated assault with family violence (counts 1, 2, and 4); two counts of possession of a firearm during the commission of a felony (counts 3 and 6); cruelty to children in the second degree (count 5); two counts of terroristic threats (counts 7 and 10); two counts of cruelty to children in the third degree (counts 8 and 9); and simple battery with family violence (count 11). The alleged offenses occurred on 4/1/2026 and 4/13/2026. A grand jury arrest warrant was also issued.
8/24/26
DEFENSE DISCOVERY REQUESTS AND MOTIONS FILED
What this means: Benjamin Evan Fitzgerald’s attorney has filed multiple requests and motions on his behalf. These include demands for the prosecution to provide criminal histories, witness lists, witness statements, and scientific or expert reports. The attorney also filed a motion for discovery of exculpatory material (evidence that could help the defense), a motion to reserve the right to file additional motions later, and a request for copies of any statements the defendant made to police. An entry of appearance and notice of election were also filed.
9/10/26
MOTION CALENDAR HEARING HELD
What this means: The court held a hearing to address the motions filed by Benjamin Evan Fitzgerald’s attorney. The judge considered the requests and motions filed on 8/24/26.
9/11/26
GRAND JURY ARREST WARRANT EXECUTED AND ARRAIGNMENT WAIVED
What this means: The arrest warrant issued by the grand jury on 8/18/26 was executed, meaning Benjamin Evan Fitzgerald was taken into custody. The defendant waived his right to an arraignment, a hearing where he would normally be informed of the charges and asked to enter a plea.
9/15/26
NOTIFICATION OF BOND AND ADDRESS FILED
What this means: Updated notice of Benjamin Evan Fitzgerald’s bond status and address was filed with the court.
9/24/26
ARRAIGNMENT CALENDAR HEARING SCHEDULED FOR 9/24/26
What this means: An arraignment calendar hearing is scheduled for 9/24/26 at 9:00 AM in Richmond Superior Court. Since Benjamin Evan Fitzgerald waived his formal arraignment on 9/11/26, this hearing may be a procedural formality as the case moves forward through the court system. The defendant may or may not be required to appear.