NAME:
Fitzgibbon, David Wayne
DATE:
10/10/2025
CHARGES:
DUMPING WASTE UNDER 500 PDS OR 100 CUBIC FT IN VOLUME (NOT BIOMEDICAL/HAZARDOUS/
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On Friday, October 10, 2025, at approximately 1620 hours, I, Deputy First Class Scott Camp, Badge #516, employed with the Gilmer County Sheriff’s Office and assigned to the Uniform Patrol Division, was dispatched to [100 BLOCK] Oak Leaf Lane in reference to a verbal domestic and the complainant’s soon-to-be ex-husband dumping Sewage into a ditch on her property.
I requested the complainant’s telephone number from Dispatch and contacted [VICTIM #1]. [VICTIM #1] stated that she and her husband, David Wayne Fitzgibbon, are currently going through a divorce. [VICTIM #1] advised that both parties had already been to court, and Judge Priest signed an agreement allowing Wayne to reside in a recreational vehicle (RV) located behind her home per a court order.
[VICTIM #1] reported that Wayne has been dumping waste and sewage from his RV into a ditch located behind the RV, which is near her water well. [VICTIM #1] stated that Gilmer County Environmental Health had already been to the property and informed Wayne that he could not dump sewage or the contents of his holding tank into the yard. [VICTIM #1] advised that both her attorney and Wayne’s attorney had instructed him to stop, but he continues to dump sewage in the yard.
[VICTIM #1] further stated that the issue began in July 2025, and in August around the 23rd, she recorded videos showing Wayne dumping sewage into the ditch. [VICTIM #1] also stated that the most recent incident occurred on October 8, 2025, and she took photographs showing feces and toilet paper remaining in the ditch where Wayne had emptied his holding tank.
I asked [VICTIM #1] if Wayne was currently on scene, and she stated that they had just arrived home and it appeared Wayne was preparing to dump more waste.
I responded non-emergency to [100 BLOCK] Oak Leaf Lane along with Sgt. Robinson. Upon arrival, I observed [VICTIM #1] and Wayne engaged in a verbal argument regarding the dumping. Wayne told me that he was not dumping sewage, but was instead dumping “gray water” into the ditch. [VICTIM #1] showed me videos and photographs depicting Wayne dumping sewage into the ditch. In the photographs, I could clearly identify human feces and shredded toilet paper in the ditch.
I looked at the ditch and observed shredded toilet paper along with grey and a black substance.
When I confronted Wayne about previously saying he was dumping gray water, but now he stated it was “white water,” he became agitated and told me to “get a soil test done.” I informed Wayne that I could not conduct a soil test at that time. I asked Wayne if he had access to a proper dumping location for his RV’s holding tank. He stated that he did and could use Plum Nelly Campground. Based on the evidence and repeated prior warnings from both attorneys and Environmental Health, I made the decision to arrest Wayne for illegal dumping of sewage.
I advised Wayne to turn around and place his hands behind his back. He did not comply. I grabbed Wayne’s left hand and began to apply the handcuffs when he jerked his hand away. I regained control of his left hand while Sgt. Robinson secured Wayne’s right hand, and we successfully handcuffed him behind his back. I checked the handcuffs for proper fit and double-locked them.
I searched Wayne and removed a pocket knife from his right front pocket, placing it inside his RV for safekeeping. I asked Wayne if he wanted me to secure his RV, and he said yes, instructing me which key to use. I locked the RV door and returned the keys to Wayne’s pocket.
Wayne advised that he had two bad knees and could not get into my patrol vehicle with his hands cuffed behind his back. I removed the cuffs, reapplied them in front, checked for proper fit, double-locked them, and then placed Wayne in the rear seat of patrol unit #824, securing his seatbelt.
[VICTIM #1] was provided with a victim’s pamphlet containing the case number, my name, and badge number. Sgt. Robinson remained on scene to speak further with [VICTIM #1].
I transported Wayne to the Gilmer County Sheriff’s Office, providing Dispatch with my beginning and ending mileage. At the detention center, I completed a pre-booking form and turned Wayne’s personal property over to Detention Staff. I checked my backseat for contraband before and after transport, with none found.
Due to Internet connectivity issues and another dispatched call, I was unable to complete the warrant application immediately following the arrest.
On Saturday, October 11, 2025, at approximately 0800 hours, I applied online for a warrant charging David Wayne Fitzgibbon with dumping egregious litter (OCGA 16-7-53A). Chief Magistrate Judge Steven Duncan contacted me, swore me in, and issued warrant #25-904MW for Illegal Dumping of Egregious Litter.
[VICTIM #1] forwarded the photographs and video to Sgt. Robinson.
[End of Narrative]
