daily reporters
ATLANTA – A citizen journalist honored by several Georgia groups for increasing access to open government is now facing serious criminal charges after simply recording an event billed as a public political rally.
Nydia Tisdale entered a plea of not guilty last week to felony obstruction of an officer and misdemeanor counts of obstruction and criminal trespass.
"This terrifies me, it really does scare me," Tisdale told Channel 2 investigative reporter Jodie Fleischer, "I was doing absolutely nothing wrong."
Prosecutors are proceeding with the case, which didn't result in indictment until 15 months after the incident and just weeks after Tisdale's attorneys notified Dawson County of her intent to sue for more than $500,000.
"I think one has to wonder why now," said attorney Michael Caplan. “Did it really take 15 months to prepare these charges? Or was this an effort to derail a civil case during a political campaign?"
During those 15 months, Dawson County sheriff's captain Henry 'Tony' Wooten who forcefully arrested Tisdale at Burt's Pumpkin Farm in August 2014, announced he is running for Dawson County Sheriff. He qualified for the election earlier this month.
"It deeply concerns me that someone who would abuse my constitutional rights and abuse his power and his authority could be the sheriff of this county. I think everyone should have grave concerns about that," said Tisdale.
The whole encounter started with a comment made during a speech by Georgia Insurance Commissioner Ralph Hudgens.
"I thought I was gonna absolutely puke listening to her," Hudgens told the crowd, referring to U.S. Senate candidate Michelle Nunn.
Hudgens pointed at Tisdale's camera right in front of him and added, "I don't know why you're videotaping but yes, I said that."
In the minutes that followed, Tisdale says she was approached by three different man, none of whom identified themselves to her.
"A campaign staffer sat down next to me and whispered in my ear saying you have to stop filming or leave," Tisdale says she told him she had permission from the farm owner, Kathy Burt, who had graciously welcomed her when she arrived.
When a second political organizer arrived he told Tisdale there was a no-filming policy, which she asked to see a copy of.
Next, a hand appeared in front of Tisdale's camera and witnesses say she was forcibly lifted from her seat and dragged away.
"What is your name, what is your name?" she can be heard screaming as her camera continues to roll.
The 2014 Dawson County political rally was advertised in local newspapers and on Facebook as free and open to the public.
Brian Pritchard from FetchYourNews.com sat directly behind Tisdale at the event.
"I still don't understand it to this day," Pritchard said, recounting how he witnessed her encounter with Captain Wooten.
"He started lifting her physically out of the chair, she was not responding or fighting with him in any way," said Pritchard.
Tisdale's camera recorded much of the encounter as she was dragged to a barn, where Wooten twisted her arm behind her and bent her over a counter.
"Please loosen your grip, I'm not going anywhere," Tisdale begged the officer.
Wooten replied, "As soon as you decide to act like you're somebody and stop fighting with me."
"I'm not fighting you, I'm not resisting you," said Tisdale.
Less than a minute later, Wooten can be seen swiping at the camera. It turns and the shot freezes and Tisdale yells, "Ow. That hurts, you're hurting me."
The video stops shortly thereafter.
The head of Dawson County's Republican Party witnessed what happened inside the barn.
"I am sorry people are treating you this way, this is wrong," Linda Clary Umberger can be seen saying to Tisdale.
Outside, Attorney General Sam Olens spoke up too.
"What are we hiding? There's no reason for that. That is not right," Olens told the crowd, "What are we afraid of with a lady having a camera filming us?"
It is unclear whether Olens knew his remarks were being recorded by Pritchard, who only recorded audio that day. Pritchard posted the recording and his photos online, including one he took of Tisdale standing with Olens earlier that day.
They were each honored by Georgia's First Amendment Foundation last year for their efforts to champion open government.
Tisdale can routinely be found standing behind her camera recording public meetings around North Georgia; she considers herself a citizen journalist.
Her YouTube page has hundreds of thousands of views for her videos which she calls "Nydeos" as a public service to keep everyone informed.
As the speakers continued that day, Pritchard captured audio of Tisdale's screams for help in the background.
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Time for a second lawsuit for wrongful prosecution.
100%
You lovely lady I know you are going to prevail but I can’t help but fear for your safety it seems these people have no boundaries whatsoever they truly are scary
she was clearly a terrorist (SMH)
I will call to prosecutors office next week. This was ridiculous and I’m sorry this happened to you. That cop should be in prison.
wow that’s insane..Looks like GA has lots of good olde boy issues
I made a video about your situation i called the DA and voiced my opinion i saw your situation on news now Houstons channel.
Liked and subbed to your channel.
Nydia, what was the original charge, or reason for the detainment?
No lawful “cause of action” nor “standing”to hold a trial.
Should refuse to appear for plaintiffs failure to state a claim upon
which relief can be granted.
She however has standing to sue the treasonous felon with a badge that
aggravated kidnapped and falsely imprisoned her.
This is false and malicious prosecution…..and treason.
There was no criminal trespass, nor obstruction to indict, might look into a seditious prosecutor manipulating the grand jury also.
Georgia:
“In defining ‘corpus delecti’ Wharton says: ‘It is made up of two
elements: (1) That a certain result has been produced…(2) That some one
is criminally responsible for the result…” McVeigh v. State, 53 S.E.2d
462, 469.
“A cause of action is some particular right of the plaintiff against
the defendant, together with some definite violation of that right which
occasions damage, whether the right arises by contract or tort.
Ellison v. Ga. R. Co., 87 Ga. 691, 13 S.E. 809 (1891); City of Columbus
v. Anglin.
120 Ga. 785(4), 48 S.E. 318 (1904).
It may also be defined from the standpoint of duties, provided the
complainant has proven a duty owed by the defendant to him, and a breach
of that duty shown which results in loss to the complainant. Ellison v.
Ga. R. Co., supra. There can be no right of action until there has
been a wrong, that is, a violation of a legal right or breach of a legal
duty…” Bryant v. Randall, 261 S.E.2d 602, 605-606.
“Particular remedy is not available to party who has no entitlement to
right sought to be secured.” Ragsdale v. New England Land and
Development Corp., 297 S.E.2d 31.
“Standing deals with question of whether party may assert right even
presuming it exists.” Nationwide Mortg. Resources, Inc. v. Stalzer, 455
S.E.2d 402.
This was standard mo of of felony assault and battery, felony breach of
her peace, aggravated kidnapping, false imprisonment, armed robbery and
treason of the 1st, 4th and 5th amendments…..All by a sworn servant committing multiple serious felonies.
She committed no criminal act to be ejected from a “public” event…..
and had every right to resist this felon sworn servant….
Olmsted v. United States, (1928) 277 U.S. 438
“Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”
The felon sworn servant deserved a bullet between the eyes.
subed #697, liked, corruption WOW
It’s a pitty to have to say that this is a typical – I wear a badge so I can abuse my power whenever I choose to – appalling incident. And then being backed up by the people that should protect you and hold them in check. I could understand if they would own up to their mistake….but always that: Not admitting it, sweeping it under the rug or spinning it as they consider themselves to be above all of it. Where is one’s sense of justice..?..really..!..is this not a necessity to become a sheriff ? Or even in one’s daily life !!! Don’t quit what you’re doing !!
I became aware of this about a year ago, roughly. Been looking for trial info ever since! NOW, I know why there was no charges! You hadn’t filed a lawsuit against them yet! How ridiculous is that asshat Whoorten? Or however you spell it. Lol. Hope you win big, Nydia!!! They deserve every nasty thing that happens to them! Sooo happy the piss head lost in the election for Sheriff!!! Backing and support from Canada! Go get em girl!!! 🇨🇦👊🥂
This is private property ..who gives the good ole boy authority over who ?
What’s the latest news? Did they drop the charges? If not I guess the first day of trial was yesterday. I hope it went well for her and I hope the prosecution gets called out for malicious prosecution.
Good luck N.T.
…and thanx for the videoing public servants.