Lyle Grant 

VARNELL, Ga. — District Attorney Bert Poston said Monday a Georgia Bureau of Investigation (GBI) report on Varnell Police Chief Lyle Grant “should be done this week hopefully.”

The GBI is investigating Grant for possible theft by conversion and reckless conduct for “providing” an encrypted portable radio owned by Whitfield County to a local wrecker service, “disregarding the potential safety risks to law enforcement officers engaged in undercover/sting/narcotics operations,” according to an incident report.

The case was referred to the GBI in March by the Whitfield County Sheriff’s Office. A statement from the sheriff’s office said, “The sheriff’s office initiated an investigation after recovering an encrypted portable radio which contained numerous frequencies that were being used throughout the county. It was determined shortly after starting the investigation that criminal charges could arise from this incident, therefore the case was turned over to the GBI to investigate.”

GBI Special Agent in Charge Joe Montgomery was out of the office on Monday. Montgomery said in March that the GBI will turn the results of the investigation over to the district attorney to determine if criminal charges should be filed.

Grant provided an encrypted police radio to Bob Cummings, owner of Bob’s Wrecker Service in Dalton. Grant told a reporter in March that Bob’s is the only towing service that applied to be on Varnell’s rotation this year to be called when wrecks occur.

“I did not intend to violate any laws or policies. I only intended to benefit the city of Varnell,” Grant said.

A case summary in the incident report said there was “a potential for criminal violations” to have been committed.

It mentions the possibility of reckless conduct “due to Chief Grant providing an encrypted police radio to a private citizen and his employees to use and disregarding the potential safety risks to law enforcement officers engaged in undercover/sting/narcotics operations. A private citizen, his employees and customers could be privy to and monitor sensitive law enforcement operations such as ‘buy busts,’ undercover drug operations and search warrant executions in real time on encrypted channels, (posing) a substantial and unjustifiable risk to law enforcement (officers’) safety.”

It discusses theft by conversion “due to Chief Grant converting Whitfield County-owned property to private use when he knowingly and willfully gave/loaned the radio to Robert Cummings to use in his private business.”

According to the report, on March 25 “a confidential source” made the sheriff’s office aware that “an encrypted police radio was being used by Bob’s Wrecker Service.” Each radio cost the county approximately $5,500, according to the report.

Later that day, deputies went to Bob’s Wrecker Service and met with Cummings. “When detectives entered the business, a dispatcher could be heard on the radio,” the report states.

“Cummings stated that he did have a police radio in his possession,” according to the report. “Cummings went on to state that prior to the new digital radio system, he had multiple radios that were used to monitor the radio. The radio networks were not secure and the public could listen to everyday radio traffic. Cummings stated that when the digital radio system went online, he was having to pay one of his employees to stay at the office and monitor the phone calls coming in. Cummings asked Varnell Police Chief Lyle Grant if he could obtain an encrypted radio to use and Chief Grant agreed.”

The deputies took the radio. The report said that on the way back to the jail, one went through the channels and noted that “a large majority of encrypted channels were open and could be monitored by whoever had possession of the portable radio.”

The report notes that Whitfield County purchased the radios with proceeds from a Special Purpose Local Option Sales Tax (SPLOST) and allowed the city of Varnell to use some of the radios, only requiring the city to pay annual maintenance fees. Grant said the city has nine other radios.

The city of Varnell has a special called mayor and City Council meeting Tuesday night at 6 at City Hall. Council member David Owens said Grant is not on the agenda for the meeting.