Fulton DA Ask for Judge to be Replaced

ATLANTA (MyFOX ATLANTA) - Fulton County's district attorney asked that a judge be replaced Wednesday when it seemed that a four-time convicted felon was going to get off without jail time.

The D.A. and the defendant agreed to a plea deal of three years in jail, but a magistrate court judge told the defendant he wouldn't have to serve jail time. That's when District Attorney Paul Howard took an unusual step.

Oscar Wimby is a four-time convicted felon and he was back before a judge again Wednesday, accused of selling drugs at a Hammond Park home in southwest Atlanta.

"This is a guy that should be behind bars for a long time, without a doubt," said Hammond Park resident Pam Lee.

Many neighbors said they followed the case closely and were in court when Wimby agreed to the plea deal.

In a statement Howard said, "The Hammond Park community in southeast Atlanta has long been plagued by this defendant. The district attorneys office and the defendant agreed to a sentence of 10 years to serve, three years in prison without parole and banishment from Zone 3. "

In court, Howard said Magistrate Judge Walter Levett encouraged Wimby to refuse the plea deal and told him he didn't have to do jail time.

"He told me that he did, in fact advise the defendant that this plea may not be in his best interest," said Fulton County court spokesperson Don Plummer.

That decision did not sit well with community leaders like Councilwoman Joyce Sheperd.

"They go in and they come right back out so we really have to look at the court system and see what they're doing," Sheperd said.

Howard went to court himself Wednesday to file a motion to have Judge Levett removed from the case and replaced by a superior court judge

"Paul Howard was excellent today in terms of saying to the judge no more," said Sheperd.

"The judge had no problem recusing himself it will be reassigned by court administration to a different judge," said Plummer.

The question of how much, if any, jail time Wimby will serve in the case remained undecided Wednesday night.

Wimby remained in the Fulton County jail, unable to make a $25,000 bond in the case. No date has been set for him to go before a new judge, and the district attorney will still be looking for jail time.