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Prosecutors considering appeal to Gilmer County indictment dismissal

Staff file photo / Damon Johnson leaves the courtroom after Judge Albert Collier upheld his indictment during a pre-trial hearing at the Gilmer County Courthouse on Friday, Nov. 16, 2018 in Ellijay, Ga.
Staff file photo / Damon Johnson leaves the courtroom after Judge Albert Collier upheld his indictment during a pre-trial hearing at the Gilmer County Courthouse on Friday, Nov. 16, 2018 in Ellijay, Ga. Staff file photo / Damon Johnson leaves the courtroom after Judge Albert Collier upheld his indictment during a pre-trial hearing at the Gilmer County Courthouse on Friday, Nov. 16, 2018 in Ellijay, Ga.

The district attorney in the 2014 Gilmer County sexual assault case involving three former Calhoun High School students is considering an appeal after a judge dismissed the indictments Monday.

Georgia law gives prosecutors 30 days to file an appeal, according to Frank Wood, the top prosecutor for the Appalachian Judicial Circuit, which serves Gilmer, Fannin and Pickens counties in Northwest Georgia.

While he respects the court’s authority to make a ruling and the judicial process, he said by phone Friday he disagreed with the decision.

“I am deeply saddened by this, deeply saddened that this happened this way, that our victim cannot get her time in court,” he said.

Before deciding whether to appeal, he wants the woman’s input, he said. According to him, his office had contacted her in the past, but it was unsuccessful in attempts to reach out after the ruling’s announcement.