Price Creek man cleared of littering crime
Responding officer wins restraining order using internet postings as evidence
By Michael Moore

Declaring that state law allows littering on one's own
property as long as it is not a hazard to public health, the Pickens
County Superior Court cleared Robert Hayles of littering charges and
dropped a $500 fine Wednesday.
However, in a second trial, the Pickens County sheriff's
officer who originally issued the citation won a three-year
restraining order against Hayles, who lives in the Price Creek area.
Admitting his property is "a mess," Hayles was found not
guilty of littering on his own property, after being initially found
guilty by the magistrate court in April. The fine ordered in
magistrate court was also dismissed.
"This application of the [county] ordinance is overbroad,"
said Judge Roger Bradley, who discharged the case completely.
The county's litter ordinance mirrors that of the state of
Georgia, which the judge noted permits littering on private property
if it is "consistent with the public welfare."
The case was part of Robert Hayles versus Pickens County, a
lawsuit filed to contest the citation on ten grounds. Only one of
those grounds had to do with the state law.
The others, which Hayles said afterward he will continue to
pursue, include complaints against Kevin Osborne of the sheriff's
environmental enforcement office who cited Hayles for the violation,
and the magistrate court judge who assigned a $500 fine.
In a later hearing Wednesday, the same judge granted Osborne
a three-year restraining order against Hayles. The ruling was based
on comments posted by Hayles on the internet site www.jaspersucks.com.
Judge Bradley cited statements written by Hayles which
included, "I already have five residents at [Osborne's] subdivision
keeping a log of when he is there;" "Either he's gone or I run out of
options;" and "Osborne is toast."
Osborne had asked the court for a permanent restraining order.
In his opening statement Wednesday, attorney Bill Pickett,
who represented Osborne, said Hayles has "a history of hatred for
Kevin Osborne, arising out of a ticket issued for littering." He said
in closing arguments that Hayles' "demeanor" during the hearing
demonstrated the need for a protective order.
Hayles, who goes by the online name BubbaBob on the website,
posted numerous remarks about his case and Osborne, who Hayles
claimed in his lawsuit against the county had lied and used selective
enforcement to win the litter citation that was subsequently dropped.
"Yes, Kevin Osborne and I have had an ongoing dispute," said
Hayles at Wednesday's hearing. "I don't like Kevin Osborne because I
don't like bad cops." He said in his closing arguments that Osborne
continued to lie up until Wednesday's hearing.
In court Wednesday, Osborne said he requested a temporary
restraining order on July 20 after he followed Hayles on the road the
previous day. He said he had met Hayles leaving the subdivision as he
entered, and then turned around to follow him a short distance.
Osborne said when he returned home his wife was "quite upset"
after seeing Hayles drive by.
"The defendant had no need to go to Mr. Osborne's subdivision
except to harass Mr. Osborne," said Pickett.
Hayles had also called Osborne "three or four times" on the
telephone to complain about the ticket, said the deputy.
According to the testimony of Major Allen Wigington of the
sheriff's office, Hayles had also called him and visited his office
multiple times to inquire about his case and complain about Osborne.
Wigington described Hayles' attitude toward the case as
"overly passionate," and said there was an "implied threat in [his]
tone of voice." He said Hayles had referred to Osborne as "idiot" and
"nutcase," and said he has shown "erratic behavior."
When asked what previous contact he had with Hayles, Osborne
listed three instances. The first was about two years ago - or three
years ago as he testified in the previous hearing - when he served
Hayles with papers for a child custody issue.
The second was when he visited his house earlier this year to
warn him about bee hives and litter on his property, both of which
turned out to be legal. The last time Osborne was there was April 9
to write Hayles the ticket for littering that was dismissed.
Two investigations into Osborne's activity relating to the
litter case - one by the GBI and one by the DAs office - found no
wrongdoing, he said.
But Hayles said while he knew what subdivision Osborne lived
in, he did not know which house was his. He said he did have business
in the Philadelphia Heights subdivision.
He said he was there to visit a potential client who lives in
the same subdivision, and who Osborne testified he did not know. He
was also there to investigate the other lawsuit which contains
specific allegations against Osborne, he said.
In his ruling, the judge noted that Hayles could easily
identify Osborne's house by the presence of his patrol truck.
Hayles said he "suggested" on jaspersucks.com that people
take note of when Osborne's truck was parked in the driveway. If
Osborne was home during work hours, he said that would help prove his
accusation of selective enforcement.
"I am investigating whether [Osborne] is doing his job and
enforcing everybody or just me," said Hayles. "I cannot afford an
attorney or investigator, so I'm acting as my own private
investigator. I have never followed Kevin Osborne, even though that
would be the job of a private investigator."
He added he had a right to be in the subdivision, which is
served by public roads.
Wigington said Hayles had never complained to him that
Osborne was home during work hours.
During his testimony, Hayles admitted he "exaggerated" when
he wrote on the internet that five people were watching Osborne's
house. He said he really knew of only two residents in the
subdivision who had noticed the truck there during work hours.
Osborne said in his request for the temporary order, which is
filed with superior court and is public record, that Hayles had said
on the website, "he was going to watch the plaintiff and his family."
But when Hayles handed him 31 pages containing "BubbaBob's"
postings on jaspersucks.com, Osborne said he could not find where his
family was mentioned.
Hayles also testified that after he noticed Osborne taking
photos of him recently at the four-way stop in Tate, he had
considered filing a restraining order against the officer. He said he
did not do so because it would have abridged Osborne's second
amendment constitutional right to own firearms.
Another claim made by Osborne in his request for the
temporary order, was Hayles is dangerous because he is "emotionally
unstable."
When asked how he was qualified to make that conclusion,
Osborne replied his 18 years in law enforcement and college degree in
social sciences qualified him.
He also said Hayles' "past acts" show he is unstable,
including Hayles' admission that he is a former alcoholic.
Hayles later testified he has never been convicted of a
felony, and Osborne did not know of any "violent" behavior he had
ever exhibited.
He pointed out in closing arguments that Osborne did not have
any medical training that qualified him to diagnose someone as
unstable. "The animosity between us gives him a reason to say I'm
unstable," explained Hayles.
Pickett said Hayles "needs anger management."