A Whitfield County man who was charged with burglary and arson in late April — less than a year after he appealed a traffic citation to the state Supreme Court and won — was found guilty by jury trial on a separate charge in Superior Court on Tuesday, court officials said.
Todd Christopher McNair, 29, of 1954 Collins Road, was charged by the Dalton Police Department in July of 2009 with identity fraud. Sabrina Evelyn Harris, 20, of 959 Davenport Road in Dalton, and a juvenile, were also involved in the fraud case that District Attorney Kermit McManus called a “credit card theft.”
“(McNair) and the two other co-defendants were given a ride by a lady out near the mall,” he said. “During that ride the allegation is that McNair stole a credit card from her, and then after that they used that credit card within a couple of hours, and during that period time charged up $1,000 or so on her credit card, the three of them.”
McManus said the juvenile is bring prosecuted for identity fraud in Juvenile Court. Harris testified at the trial against McNair, and will plead guilty to a charge of identity fraud on May 25, a clerk of court spokeswoman said.
“There will be a pre-sentence investigation (for McNair), and sentencing will be at a later date,” said McManus.
McNair was charged by the police department on April 29 with burglary, entering an auto and arson stemming from a break-in at a local business in November of 2008. Two other men who were with McNair were also charged with the same offenses in late April and early May, authorities said. They are Coy Wayne Clark, 18, of 102 Gay St. in Dalton, and Charles Tyler Barker, 19, of 1268 Summerour Church Road in Chatsworth.
Dustin Strobel with the public defender’s office represented McNair on Tuesday. He did not immediately return a phone call Wednesday afternoon.
The Supreme Court case stemmed from June 2007 when McNair turned left onto eastbound U.S. Highway 41 from a parking area at the Best Western Inn. He pulled into the outermost lane and was stopped by a Dalton police officer in an unmarked car who claimed the law required McNair to turn into the innermost lane. McNair was charged with improper left turn, DUI and obstruction of an officer. Since he was on probation, McNair had his probation revoked and spent four months in jail.
At trial, a jury acquitted him of DUI and obstruction but found him guilty of the improper turn.
Ben Goldberg with the Whitfield County public defender’s office appealed the traffic citation through the appeals court to the state Supreme Court. The unanimous finding in June 2009 was that the Georgia law was “unconstitutionally vague” and the improper turn conviction was overturned.