Investigation Into DeKalb Sheriff Mann Will Continue: Judge

DECATUR, GA -- The governor-appointed investigation into DeKalb County Sheriff Jeffrey Mann's actions when he was arrested late night in Piedmont Park will continue, a Fulton County judge ruled Wednesday. Mann's attorney appeared in court to argue that his embattled client was not operating in his official capacity when he was arrested in the Midtown park after trying to evade an Atlanta police officer on May 6.

Noah Pines also argued that the investigation is a violation of his client's due process as a sheriff because Mann isn't facing criminal charges. Mann is charged with indecency and obstruction of a police officer -- both misdemeanors -- in the incident. SIGN UP: To get notified of the local news like this, click here to sign up for the Decatur Patch. Or find your Atlanta-area town here. Or, if you have an iPhone, download the free Patch app.

Gov. Nathan Deal announced an investigative panel that will report back to him in 30 days due to the growing firestorm around the top cop in the state's fourth-largest county.

Fulton County Superior Court Judge Eric Dunaway ruled that the investigation does not overstep the authority of the three-person panel.

“They will give a recommendation but it isn’t binding upon the governor,” Dunaway said, according to the Atlanta Journal-Constitution. “They won’t be handing down any punishment.”

The punishment is a key concern for Mann, who days ago imposed a one-week suspension on himself for "conduct unbecoming." If the committee advises the governor to do so, Deal could seek to have the sheriff removed from office.

The strategy employed by Mann's attorney could serve to alienate him even more within Fulton County.

“He needs to be careful how he plays this because certainly the city of Atlanta cannot be happy with the fact that he is now taking their gift and using it against law enforcement,” attorney Ester Pantich told WSB-TV.

In a chance encounter with an Atlanta police officer, Mann allegedly exposed himself in an area of Piedmont Park known "for sexual acts after dark," according to a police report.

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Image via DeKalb Sheriff's Office