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Walker v. State of Ga.

The trial court properly applied the preponderance of evidence standard of proof, since forfeiture cases are civil proceedings.

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Following a bench trial in this civil forfeiture action, Brent Walker appeals the forfeiture of his pickup truck and trailer to the State based on their use in a burglary. Walker challenges the sufficiency of the evidence and argues that the trial court applied the wrong standard of proof. We disagree and affirm. Construed to support the judgment, Davis v. State of Ga. ,1 the evidence shows that as he was driving by his stepson’s wood-storage garage that was attached to a residence advertised “For Lease”, a stepfather observed three individuals removing expensive boards from that garage and placing them in a trailer attached to a pickup truck that was backed into the open entrance of the garage. He pulled into the only driveway which was flanked by trees and blocked escape from the property, parking only inches from the front of the pickup truck. Confronting Walker, who was one of the men loading the boards onto the trailer and who owned the pickup truck and trailer, the stepfather demanded to know why they were taking his stepson’s supplies. Pleading with the stepfather not to call police, Walker admitted it was a mistake and led the other men in quickly returning the lumber to the garage. The stepfather called his stepson, who denied giving these men permission to take his supplies or to be on the property and who quickly came to the property and called police.

When interviewed by police on the scene, Walker admitted that he did not have permission from the property’s owner to remove the wood, that he had personally helped load the wood into the trailer, and that he should not have done so. He further admitted to seeing the large “For Lease” sign on the property, which dispelled a claim that the men believed that the garage was soon to be demolished and that the wood was free for the taking. Arresting Walker and his companions for burglary, police seized the pickup truck and trailer.

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