IN THE SUPERIOR COURT OF BROOKS COUNTY

STATE OF GEORGIA

RICHARD JERRY McLEOD

Plaintiff/Petitioner

v. CIVIL ACTION NO. CV-17-30

MIKE DEWEY,
Individually And
in his official capacity as

Brooks County Animal Control Officer,

Defendant,

JOE WHEELER,
Defendant,

MICHAEL BELL,
Defendant,

GEORGE MELTON,
Defendant,

Does 1-25

AND

HOWELL WATKINS II,

Defendant,
And
HOWELL WATKINS II
REALTY CPRPORATION,
Defendant
BROOKS COUNTY,

Defendant

PETITION FOR MANDAMUS AND PROHIBITION,

COMPLAINT FOR ILLEGAL EVICTION,

COMPLAINT FOR TRESPASS AND MOTION FOR PRELIMINARY INJUNCTION

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 Comes now the Plaintiff, Richard Jerry McLeod who files his above styled petition,

Complaint and motion for a preliminary injunction. Plaintiff has owned, occupied and possessed

The tract of land known as Grooverville Methodist Church tract for more than twenty five years.

He acquired title to the subject property as heir at law of his great grandfather, Richard Ramsey

And by adverse possession. The property was assessed as tax exempt until without notice the

Assessment was changed to taxable. McLeod filed lawsuit to challenge taxable status. While

this Lawsuit was on appeal the property was sold by the tax commissioner in an invalid tax sale

and McLeod filed his Quiet title petition (the underlying case under which this subsequent action

is filed) Howell L. Watkins II Realty Corporation of Vero Beach Florida was the purchaser at

the Invalid in rem tax foreclosure sale. Howell L Watkins II, officer of this realty corporation

now seeks to avoid the inconvenience of the lawful requirements imposed by the courts and this

currently pending Quiet Title action.

II.

WRIT OF MANDAMUS

Plaintiff/Petitioner McLeod hereby requests the Court to issue a Writ of Mandamus

Ordering Mike Dewey, and his Deputies to immediately return all items of personal property

seized and confiscated from the Grooverville Methodist Church property tract and from

McLeods adjacent property. This property consists of private personal papers, legal documents

and research materials, briefcases containing pending legal documents, computers, and personal

clothing and other items. A list of the property removed is listed in Exhibit A attached hereto.

This property was seized and confiscated by Dewey and his deputies in collaboration with and at

the request of Howell Watkins II in an attempt to illegally evict McLeod from the property.

This personal property to be re installed at its original locations.

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 WRIT OF PROHIBITION

Plaintiff/Petitioner requests the Court to issue a Writ and Order Prohibiting Mike Dewey or

any of his deputies from interfering with McLeods peaceful occupation of the Grooverville

Methodist Church property tract, his adjacent property tracts or of the use and enjoyment of

egress and ingress provided by the one hundred fifty year old prescriptive easement for this

driveway traversing through portions of the Grooverville Methodist Church property tract.

Mile Deweys deputy Joe Wheeler and Does have attempted to unlawfully interfere with his

right of egress and ingress through this undisputed legal easement. This unlawful action must be

expressly prohibited. Dewey and his deputies must be prohibited from continuing their

retaliatory actions designed to intimidate and harass McLeod and further invade his privacy and

his constititutional right to be simply let alone.

That Mike Dewey, Joe Wheeler, Michael Bell and any other deputies or persons be prohibited

from interfering with or claiming any right to interfere with the replacement of the gate and fence

which was removed from the property. Replacement of this gate and fence are essential for

containment of McLeods animals and to secure the property from entrance from vandals and

thieves and for the personal safety of McLeod.

Petitioner McLeod further requests that Mike Dewey and his deputies be prohibited from serving

as private security guards or personal servants for Howell Watkins II Realty Corp., Howell L.

Watkins II or any of his agents regardless of whether the officers are on duty or off duty.

That Dewey and his deputies be prohibited from committing any further acts of vandalism to or

destruction of McLeods personal property.

Watkins has enlisted the aid of Mike Dewey, Joe Wheeler and others to unlawfully

attempt to evict McLeod from the Grooverville Methodist Church Tract and McLeods adjacent

property. This Illegal Eviction has resulted in the loss of McLeods valuable personal property

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and the defendants are engaging in continuing trespass and damage to McLeod and his property.

With no other adequate and practical remedy at law McLeod has no other option but to initiate

this action.

I.

ILLEGAL EVICTION

On the morning of February 23, 2017 McLeod was confronted at his dwelling by the

Brooks County Sheriffs Swat Team and more than twenty officers armed with shotguns

pointed at McLeods head. These officers had broken through two locked gates and without any

Announcement had proceeded to execute a warrant for search and seizure. They executed the

warrant as a No Knock warrant despite fact that the no knock authorization had not been signed

as such. They proceeded to arrest McLeod and haul him off to jail while they proceeded to

confiscate his dogs and other personal property. He was accused of animal cruelty although there

was no valid evidence of any probable cause claimed. McLeod was then denied bond and

illegally imprisoned for more than sixty days in violation of state and federal civil rights laws

and binding legal precedent. The falsely alleged offenses, even if they had been committed

would have been misdemeanor offenses. This arrest was merely a subterfuge and a

cover up to enable Watkins, Dewey and his surrogates to assist Watkins in his planned illegal

eviction and to deny McLeod access to the courts to litigate the pending appellate case involving

the subject property.. Immediately upon the removal of McLeod from his property Watkins and

his employees arrived and with the assistance of Dewey and his surrogates, truckloads of

McLeods personal property were confiscated and removed from the property. Watkins and

Dewey did wantonly with malice aforethought conspire and collaborate to attempt to avoid the

inconvenience of the courts. Dewey and his deputies at behest of Watkins removed McLeod

from his property and ordered his electricity disconnected from his adjacent dwelling property

believing McLeod would be unable to return to his home to make any protest against this illegal

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eviction.

Self Help Evictions are illegal and prohibited by law in Georgia, whether they are

Performed with the assistance of the local sheriff or not. A writ request application must be filed

with the court, an opportunity for a fair hearing and the right to appeal is required before any

eviction can legally occur. Even then no property owner is allowed to confiscate convert or

destroy the occupants property. One who commits an illegal eviction is liable for damages in

Georgia .

COMPLAINT FOR TRESPASS

The Defendants did with tortuous intent interfere with McLeods possessory interest in the

Grooverville Methodist Church Property and his adjacent property. This unlawful intrusion

without McLeods consent was executed through physical force against McLeod and the

property

Damages are awarded in an action for trespass to compensate an owner for injury caused

due to a trespass. They are awarded to a person who proves that a trespass to his/her property has

been committed and thereby actual damage has occurred. Trespass is an intrusion on a property

of another person and it is presumed that damage has occurred from such intrusion.

Howell Watkins, Mike Dewey, Joe Wheeler, Michael Bell, John Melton and as yet

unnamed Does committed acts of Trespass to Land and McLeods property as defined by

O.C.G.A. 51-9-6 and binding judicial precedent..

1. In the early morning hours of February 23, 2017 Mike Dewey and his swat team unlawfully

broke through two locked gates and arrested McLeod serving a warrant for search and seizure of

McLeods dogs without any claimed evidence of probable cause . This invasion was immediately

accompanied by Howell Watkins II and his employees who proceeded to confiscate McLeods

personal property as shown in attached exhibit A. As deputy Joe Wheeler later stated I put Mr.

Watkins in possession of the Groovervillle Methodist Church property. This excessive use of

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force and acts of fraud, conversion and abuse of authority under color of law must not be

tolerated by the Court. These illegal conspiratorial acts by Dewey and his deputies are nothing

less than those of a lawless band of vigilantes operating in defiance of and outside the law.

2. Watkins, Wheeler and does hauled off truckloads of McLeods personal property including

priceless antiques and artifacts and supplied no inventory of the confiscated property.

3. Mike Dewey and Joe Wheeler did order the electricity disconnected from McLeods dwelling

Located on his adjacent property. This action of trespass is expressly prohibited by Georgia

eviction law and binding legal precedent.

4. Watkins employees subsequently trespassed on the property by removing cables at the

entrance a and claiming they were there to eradicate the one hundred year old colony of wild

bees Inhabiting the property. This colony of wild bees is an endangered species and has

coexisted on this property for more than one hundred years.

5. Watkins employed an unlicensed surveyor and his crew to conduct an unofficial survey of the

Grooverville Methodist Church tract, This surveyor and his crew at the direction of Watkins did

Illegally enter upon the Grooverville Methodist Church tract AND the adjoining lands of

McLeod (cutting down trees and shrubs and erecting temporary stakes and markers on McLeods

Property described in his deed. These acts constitute a trespass under Georgia law and the

perpetrators are subject to damages. There is no Right of Entry law in Georgia to protect

surveyors from such liability One cannot enter anothers land without permission.

6. Deputy Joe Wheeler, Deputy Michael Bell and unknown deputy Doe subsequently did

Enter the Grooverville Methodist Church Tract and removed the outer fence serving as a

temporary barrier to the property; Deputy Bell then proceeded to cut the lock on the inner gate.

Deputy Joe Wheeler and as yet unknown deputy doe informed McLeod he could not use the one

hundred fifty year old prescriptive driveway easement and if he did so he would be arrested.

Deputy Wheeler sated I have already put Mr. Watkins in possession of the Grooverville

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Methodist Church Property once and I have now put him in possession again. When

McLeod asked to see the writ authorizing eviction Wheeler replied I dont need any writ.

I know the law. When asked to see the plat of survey under which Watkins claimed possession

they failed to reply only making more threats of arrest.

Three days later at dusk on Friday afternoon two deputies accosted McLeod at his front door

With guns drawn and arrested him for trespassing on Watkins property. This warrant issued

without the required hearing was sworn to and issued at request of Howell L. Watkins II.

McLeod was forced to spend three days in jail before being allowed a hearing before the

magistrate. Magistrate Crosby who has a complete absence of jurisdiction to make any rulings

on matters involving title to land stated that he had determined McLeod had never been the

owner of the Grooverville Methodist Church tract and was not an owner or a tenant. Crosby

stated he had talked with Tax commissioner Rothrock (a respondent in the underlying quiet title

action) and she told him McLeod had never been an owner. The magistrate has no jurisdiction to

make such a ruling and attempt to preempt the jurisdiction of the Superior Court in this

currently pending underlying Quiet title petition in which a Lis Pendens is filed. Therefore; this

criminal trespass warrant is invalid and void on its face due to these unlawful acts of Magistrate

Crosby. Howell Watkins II, Magistrate Crosby and Deputy Melton who executed the warrant

are all individually liable for damages as result of their illegal actions.

7. Howell Watkins II subsequently illegally entered the subject property, removed and destroyed

McLeods fences and gates, Exhibit B attached hereto.

The invalid search and seizure warrant ostensibly issued to seize dogs falsely claimed to have

been victims of animal cruel was simply an essential part of the conspiracy between Mike

Dewey, Watkins, Wheeler, and yet unnamed does to perpetrate and perform an illegal eviction of

McLeod from the Grooverville Methodist Church property subject to this currently pending

Quiet title action. No attempt was made by Watkins to secure any writ from the court to evict

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McLeod from the subject property, Watkins had ample opportunity to avail himself of the legal

process provided and mandated by the Courts. Instead he preferred to circumvent the legal

process, having been assured of help and protection from a willing and compliant Mike Dewey,

Joe Wheeler and others. Georgia law and binding judicial precedent prohibit Self Help evictions

in Georgia.

Illegal evictions are prohibited in Georgia under O.C.G.A. 5-10-2. The bare possession

of land authorizes the possessor to recover damages from any person who wrongfully in any

manner interferes with such possession. Civil Code, 3876. As stated in Kerlin v. Lane

Company et. al. 6410 (165 Ga. App. 622) (302 SE2d 369) (1983)

The only persons subject to prosecution for criminal or civil trespass to the Grooverville

Methodist Church Property Tract are Howell Watkins, Mike Dewey, his deputies, agents and

surrogates.

Even if assumedly Watkins had been the valid owner the foregoing self help eviction,

confiscation and conversion and trover of McLeods personal property is expressly prohibited by

Georgia law. One is not allowed to make forcible entry onto land and damage occupants

personal property O.C.G.A. 51-9-6.

Punitive damages are available to a plaintiff in trespass action even if minimal damages

are awarded if the trespass is attended by rudeness, recklessness or an insulting manner, or is

accompanied by circumstances of fraud and malice, oppression or gross negligence, or of

destruction or conversion 9-3-32. The defendants have committed all the foregoing acts plus

more unprecedented reprehensible behavior.

TRESPASS BY BROOKS COUNTY

1. Brooks County by and through actions of its road supervisor and maintenance workers

Committed an act of trespass by allowing its tractor operator to negligently and recklessly

destroy a highly visible triangular metal sign and post warning of a water line running

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underneath the roadbed at 25 Beasley Road. The sign and metal support pipe were shredded by

rotary mower carelessly operated in right of way mowing. This red sign with black lettering had

been installed to warn road employees of presence of this two inch cast iron water pipeline,

Similar warning post and sign on opposite side of road had been previously damaged and

destroyed. This water pipeline easement has been in place for more than forty years and is duly

recorded in the deed records in office of the clerk. This pipeline was previously ruptured by the

countys ditching machine and after two days of county workers attempting repair a professional

plumbing contractor from Valdosta had to be employed by the county to cut out the damaged

section and weld in a replacement section at considerable cost to the county. This destruction of

the warning sign occurred during the pendency of this pending underlying quiet title action.

2. Brooks County road supervisor and workers committed acts of continuing trespass to

McLeods land located directly across from and west his property at 1675 Liberty Church Road.

These Brooks County personnel were directed to unlawfully enter McLeods property without

consent for more than fifteen feet and proceed to dig a ditch through the entrance to the

property. The concrete land line marker was dug up and destroyed and the property was made

inaccessible by vehicle due to this unauthorized ditch causing damages and inconvenience

to McLeod.

3. Brooks county is continuing to negligently and recklessly operate their right of

way mowing operation without any regard for the adjacent land owners. It is undisputed that the

width of county roads in Georgia is specified by Statute (primary roads are to be thirty feet in

width and secondary roads are to be only twenty feet in width). In 1997 this law was changed to

increase the width of some roads however all prior roads remain the same width as prior to the

change. If the county wants more right of way they have to condemn and buy the additional land.

It is well known that most rural county roads were never deeded to the county and the county

only has a prescriptive right of way. Binding legal precedent has firmly established that the

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county only has prescription to use the ground under the road bed. Some surveyors

have erroneously platted roadways as being of greater width but this does not change the legal

width.

In defiance of this law and binding legal precedent Brooks county officials continue to

recklessly operate their right of way mowers to trespass on the land of adjacent property owner,

cutting down trees, flowering plants and shrubs and fences belonging to the landowner. The

negligent and reckless mower operator on instruction from the road superintendant operate the

mowers as a road plowing operation rather than a mowing operation denuding the earth of all

vegetation. The soil is then left completely barren of all vegetation allowing erosion and

movement of soil into the ditches resulting in impassable roads and unnecessary expense to the

taxpayers. These reckless and negligent county employees have continued to trespass upon

McLeods land bordering Beasley Road and Liberty Church Road by mowing land which they

have no legal prescriptive right to mow. The land has been denuded of all vegetation, native

flowers and shrubs and personal property. Exhibit C attached hereto. This continuing trespass is

subject to claim for damages and must be prohibited by the court.

Plaintiff/petitioner requests the Court to:

1. Order Brooks County to Replace Water pipeline warning signs or pay the costs of replacement

2. Fill the illegal ditch at Liberty Church Road land and stop the diversion of water which has

eroded McLeods property resulting in it being inaccessible. Restore the entrance to this property

to its former accessible condition to make it accessible by vehicle.

3. Cease and desist from any mowing or other road maintenance operations beyond the thirty

foot width of the Liberty Church Road and the twenty foot width of Beasley Road.

MOTION FOR A PRELIMINARY INJUNCTION

Plaintiff requests a preliminary injunction be granted to demand that:

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1. The defendants cease their continuing acts of trespass and cease and desist from entering the

subject property for any purpose until a final adjudication of the quiet title action has been made

by a court of competent jurisdiction.

2. Mike Dewey and his deputies be ordered to discontinue their acts of harassment and

intimidation directed to cause injury and mental distress to McLeod and refrain from interfering

with McLeods egress and ingress through his driveway located on and adjacent to the

Grooverville Methodist Church tract. That Dewey and his deputies be ordered to refrain from

interfering with McLeods construction of a replacement gate and fence around the disputed

property to contain his animals, Plaintiff McLeod is severely hearing impaired and the U.S.

Americans with Disabilities Act (ADA) provides that his right to own and maintain service dogs

is not to be interfered with. These service dogs and signal dogs are essential to his survival

and this right must not be interfered with; therefore McLeod request that Dewey and his deputies

be restrained from any further interference with McLeods keeping of these dogs.

3. Dewey and his deputies be prohibited from acting as private security officers or personal

servants for Howell L. Watkins II or his entities regardless of whether on or off duty.

CONCLUSION

Plaintiff /Petitioner requests the Court to issue the foregoing requested writs of Mandamus

and Prohibition and to grant an Order for Preliminary Injunction to prevent further damages to

McLeod and his property AND to award damages for destruction of and damages to his property.

McLeod further requests he be awarded actual and punitive damages for the damages to and

destruction of his personal property AND the mental distress, mental anguish and all other

damages resulting from this illegal eviction, trespass and illegal incarceration orchestrated by

Mike Dewey and his deputies, Howell Watkins II and others.

Respectfully Submitted,

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 Richard Jerry McLeod Pro Se

1675 Liberty Church Road

Boston, Georgia 31626

VERIFICATION

I hereby swear and affirm before one authorized by law to administer oaths that the statements

and information in the foregoing petition are true and correct based on my personal knowledge

and belief.

Richard Jerry McLeod

CERTIFICATION

I hereby certify that I have this day August 15, 2017 served the defendants with a copy of the

foregoing petition and complaint by mailing and faxing a copy to each of the addresses shown

below.

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 Richard Jerry McLeod

Mike Dewey

Joe Wheeler

John Melton

100 Screven Street

Quitman Georgia 31643

Howell Watkins

1716 22nd Street

Vero Beach, Florida 32960

Brooks County

601 South Highland Street

Quitman, Georgia 31643

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