Shortly after an accident where Augusta Fire Department shift supervisor Lt. Gregory Hartshorne ran over a deceased gunshot victim with his county-owned vehicle and dragged the body over 50 feet, Fire Chief Antonio Burden placed the supervisor on leave.
Meanwhile, the city still refuses to hand over the results of a toxicology report on Hartshorne that was taken just after the accident occurred, citing an ongoing internal investigation. Hartshorne was responding to a mass shooting between two rival biker gangs on May 13 that left two dead and four injured.
According to Hartshorne’s personnel file, he was placed on leave on May 22 for “mental health and well being” reasons.
Hartshorne was scheduled to return to work on June 5, but according to Fire Department Public Information Officer Chiquita Richardson, Hartshorne has not returned to work and remains on leave with pay.
It took The Augusta Press weeks to get a copy of the leave notice as well as the personnel file for Hartshorne, with the city, at first, asking for multiple extensions and then blaming the recent computer hacking of city computer services for the delay; however, the leave notice is a paper document that was hand-written.
The personnel record has some obvious omissions.
There is no mention in the file of Hartshorne being arrested on March 30 for obstruction in Columbia County during a Harlem officer’s investigation into a domestic incident with his estranged wife. The incident occurred in the parking lot of the Harlem Police Department.
Hartshorne’s estranged wife told police she pulled into the parking lot because Hartshorne was following her and she was scared, according to the arrest report.
“Gregory was immediately argumentative, but after multiple commands complied,” the report says.
Also missing from the personnel file are the results of the toxicology scan that is required whenever a county employee is involved in an accident involving a county-owned vehicle.
When reached by telephone, Burden told The Augusta Press reporter Liz Wright that he believed toxicology results were protected under the Health Insurance Portability and Accountability Act (HIPPA).
“I’m not 100% sure, but I don’t think we can release that information due to HIPPA. You need to check with the Risk Management Department,” Burden said.
Attorney and open records expert David Hudson says that, according to the law, the government has no right to withhold a toxicology record in its possession based on HIPAA.
“Courts have consistently held that HIPAA does not apply to fire departments, police departments, and other governmental agencies,” Hudson wrote in an email.
When contacted, Risk Management Interim Director Judy Blackstone, said that decisions on what information is allowed for public release is handled by the Public Information Department.
The Public Information Department acknowledged the request for the toxicology report and stated a different exemption, Rule A8, which states the government can withhold such information while an administrative investigation is open.
Hartshorne remains on leave a month after the accident, which confirms that the investigation is ongoing.
Scott Hudson is the Senior Investigative Reporter and Editorial Page Editor for The Augusta Press. Reach him at scott@theaugustapress.com
