On October 1, 2009 Douglas and Gibson pled not guilty to a six count indictment against them before U.S. Magistrate Judge Leon Barfield.
However, at a change-of-plea hearing on March 11, 2010, Douglas pled guilty to count one of the original indictment which stated that Douglas and Gibson, together with other conspirators known and unknown to the grand jury, did knowingly, willfully and unlawfully pay and offer to pay voters in the primary election on July 20, 2004 and in the runoff election on August 10,2004 to vote for Douglas.
Gibson also changed his plea to guilty on count two of the of the original indictment which stated that Douglas and Gibson, aided by others, did pay and offer to pay voters E.C. and C.C. for voting in the primary and primary runoff elections in 2004.
Evidence at the change-of-plea hearing established that Douglas provided money to various supporters, including Gibson, to be used to pay hundreds of voters to vote for him in the election. Douglas’ supporters also paid voters for absentee ballots, and in particular blank absentee ballots, in order to fill those ballots our for Douglas and cast them improperly in the election.
Douglas’s attorney, Paul Kish, said Douglas had been intimately involved in politics all his life and was driven by goals of passion for politics. His grandfather and great-grandfather had run for sheriff and lost. At the age of 26, Kish stated that Douglas began his political career when he ran for Dodge County Sheriff in 2000 and lost. After getting law enforcement experience he ran again for sheriff in 2004 and won.
Kish requested that Judge Bowen consider an alternative sentencing of the 12-18 months as presented by probation officers in the pre-sentencing guidelines of the case.
Douglas’ wife, Mariella, went before Judge Bowen requesting mercy. She said, “I am the proud wife of Lawton regardless of what has happened and will happen in our lives. In 2004 he (Douglas) was a young selfish man driven by goals. Six years later, he’s not a selfish man, he’s a selfless man and I ask you to have mercy for me. Today, he isn’t getting sentenced. We’re getting sentenced.”
“I apologize to the court,” Douglas told Judge Bowen. “As you’ve said, here we are again, coming out of the same place. I apologize to my family and the people of Dodge County for the embarrassment from all aspects. Douglas went on to say, “I take responsibility for Mr. Gibson and apologize for that. Whatever sentence you give me, I assure you my family and I will not be back in this situation again. …be as lenient as you can but I respect your decision.”
Gibson’s attorney, Ashley McLaughlin began by saying it has hard to defend people you have know all your life. He added that Gibson was a manual labor person but his dream job was to be a police officer or something in law enforcement. In 2007 Gibson’s dream came true and he began working in law enforcement. McLaughlin said, “All his life he promised if he got into law enforcement he would not get caught up in the politics in law enforcement but he did and hates he wasted his opportunity (his dream).”
“To say that voter fraud is a problem in our district, in our circuit, is an understatement, from the municipal level up to some of the county offices, if not higher. It is hard to get across to people that it is wrong. I have a hard time explaining that it cheapens the process. We have a pretty hard time getting good people to run for office in our little town. Mr. Douglas accepted responsibility for Mr. Gibson being there, but Mr. Gibson knew what he was doing,” McLaughlin stated.
Gibson apologized to the court, the people of Dodge County and to Douglas’ wife. “Mr. Douglas didn’t make me do anything. I take responsibility for what I have done and respect your decision in this case,” he said.
Before sentencing Douglas and Gibson, Judge Bowen complemented both men for taking responsibility for what they had done. Judge Bowen, who has presided over the Dublin district since 1979, commented that he had ruled on his share of corrupt elections and was astonished at the variety of ways voter fraud occurs.
United States Attorney Edward J. Tarver said, “Election fraud strikes at the very heart of our democracy. This office and our law enforcement partners will exercise zero tolerance in our efforts to apprehend and prosecute those who seek to steal or dilute the constitutional rights of citizens in the electoral process.”
U.S. Attorney Tarver recognized the efforts of the Georgia Bureau of Investigation and Federal Bureau of Investigation and particularly GBI Special Agent Eve Rodgers and FBI Special Agent Ed Stucliff.
Assistant United States Attorney R. Brian Tanner prosecuted the case for the United States.