An Augusta man who stole a vehicle from an acquaintance the day someone bashed in the man’s head, killing him, and setting his house on fire, was released on probation after pleading guilty to theft earlier this month.
Jody Johnson, 31, admitted he “took” the 2002 GMC Sierra truck owned by 77-year-old Hubert L. Bailey.
On May 5 in Richmond County Superior Court Johnson pleaded guilty to theft in exchange for a seven-year probation sentence.
Chief Judge Daniel J. Craig rejected the same plea in December, suggesting the district attorney take another look at the case after learning the theft victim was murdered. However, upon Assistant District Attorney Sarah Strickland’s assurance the file was thoroughly reviewed and nothing connects Johnson to Bailey’s slaying, Craig accepted the plea negotiation this month.
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Just before 4 a.m. Dec. 17, 2018, someone called 911 after seeing smoke or flames in the area where Milledge Road and Broad Street cross. When the first firefighters arrived, they quickly realized the fire was burning down a home on Ellis Street a short distance away. Ultimately, 23 firefighters and two emergency medical technicians worked at the scene that night, according to the Augusta Fire Department’s report.
The firefighters had to force open the locked house to get inside. Once they did, they found Bailey’s body. He was obviously dead, according to their report.
Sheriff investigators called to the scene quickly noted Bailey’s vehicle was missing. It was found parked at the McDonald’s in the 1400 block of Walton Way with the keys inside just after 3 p.m. the day Bailey’s body was found.
Officers tracked down the person who left the truck and the man who “rented it” to him, Johnson, according to the investigative report. The man who left the truck at McDonald’s identified Johnson in a photo lineup.
Johnson told investigators that Bailey gave him permission Dec. 14, 2018, to borrow the truck. He said he rented it to someone for $40 to buy drugs.
There is nothing in the case file to indicate that Johnson had anything to do with the slaying. Case files were reviewed by a prosecutor and two investigators, Strickland said. Neither Johnson nor anyone else has been charged with murder in Bailey’s homicide.
The problem is that the sheriff investigators had a slew of potential suspects in the case because Bailey had “ill will” directed at him, Strickland told the judge this month.
“You’ve done what I asked you to do,” Craig said in agreeing to accept the plea negotiation.
The Augusta Press filed an Open Records request for Johnson’s file at the district attorney’s office. There was nothing indicating anything had been done to investigate Johnson in connection with Bailey’s slaying.
When asked if there was anything in the file regarding Johnson and the homicide, the investigator responded that the homicide is still an open case and not subject to the Open Records Act. When pressed to provide just what could document what was done about Johnson, or discuss in general terms, how the man who ended up with a homicide victim’s vehicle the day of the killing was cleared of murder charges, The Press received the following response from District Attorney Jared Williams:
“We are not going to turn over a pending investigative file – and possibly compromise a homicide case – for the sake of your story. Our duty to the victim is about more than mentions in a paper, it’s about ensuring that if/when a culprit is identified, no one gives them the tools to evade prosecution by knowing facts to aid in their story. Everything we are at liberty to say was put on the record at sentencing. If you need more information, you can request the transcript.”
The Press was at the May 5 hearings.
According to court records in Richmond County, Johnson’s felony history started in 2001 with obstruction of an officer. He was convicted in December 2004 of aggravated stalking, the same year he was convicted of misdemeanor charges of battery and cruelty to children for dragging a woman out of a car and punching and kicking her in front of her 6-year-old. Johnson was also convicted of robbery in February 2012. After his arrest for the theft of Bailey’s truck, his probation term in the robbery case was revoked and he served three years in prison.
Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com.
