Ken Henderson
During lunchtime on Thursday, July 2, suspended Towns County Sheriff Ken Henderson turned himself in for booking at the Towns County Jail on brand new felony charges brought by the Georgia Bureau of Investigation. He was released shortly afterward on a $30,000 bond.
Henderson, 67, was previously arrested in October 2025 after being indicted for his actions in the Dec. 13, 2024, roadside altercation in which he briefly arrested a Hiawassee police officer; that case could go to trial as early as next month.
This latest arrest involves a completely separate GBI investigation alleging Henderson illegally sold personal property to the Sheriff’s Office. The newspaper does not know when the sale occurred, but it was discovered during standard county auditing procedures earlier this year.
The charges in his new criminal case are theft by deception, false statements and writings, sale of real or personal property to a political subdivision by a local officer or employee, and three counts of violating his oath of office – all felonies.
“On Thursday, May 28, 2026, the Enotah Judicial Circuit District Attorney’s Office requested the GBI to conduct an independent investigation regarding circumstances surrounding a financial transaction identified during a Towns County annual audit,” the GBI said. “During the investigation, it was determined that a check was written to Henderson from one of the Towns County Sheriff’s Office bank accounts.”
Per the GBI, that check was for $17,000.
Henderson’s defense attorney, Larry Sorgen, clarified the originating alleged offense to local media the day after the arrest.
“The Sheriff is accused of illegally and deceitfully selling a specific ATV vehicle to the Sheriff’s Department,” Sorgen said. “That vehicle has been and is still used for search and rescue and other law enforcement activities. There was no profit, but actually a loss from the sale.”
According to Georgia Code Section 16-10-6, filed under the heading “Abuse of Governmental Office,” there are some exceptions that allow local officers or employees to legally sell personal property to the political subdivisions for which they work.
Among those exceptions are if the sale is for personal property “of less than $800.00 per calendar quarter” or if the sale follows a sealed competitive bid process.
The GBI would not say more last week, but the arrest implies that the state law enforcement agency believes neither requirement was met when Henderson sold his ATV to the Sheriff’s Office.
Sorgen said the arrest on Thursday came as a surprise and that, to his knowledge, the sheriff had not been interviewed about the newly alleged crimes before he was asked to turn himself in.
The attorney said the new charges amount to “lawfare,” which refers to a politically motivated weaponization of the legal system. Sorgen has described Henderson’s other criminal case in similar terms, calling the sheriff’s legal woes “political persecution” in open court.
“The facts behind the allegations against the Sheriff show a transaction made, devoid of deceit or corruption, intended to benefit the Sheriff's Department and the citizens of Towns County, with no financial gain to Sheriff Henderson,” Sorgen said. “It seems that one or more persons in interest have weaponized the GBI to dig up something against the elected Sheriff. Could it be because Sheriff Henderson busted too many drug dealers?
“They went to a judge outside our circuit to get the warrants signed. The signature is unintelligible and indicates that it is that of a judge ‘by designation.’ They went to a Magistrate outside of the county to get a bond set.
“I believe that our Magistrates would have allowed a signature bond as Henderson is no flight risk, but the way it was done cost the accused a significant amount of money. Part of the plan?”
Once the investigation is complete, the case file will be given to the Appalachian Judicial Circuit District Attorney’s Office for review and prosecution, according to the GBI.
“The Appalachian Circuit Judicial Circuit District Attorney’s Office was appointed by the Prosecuting Attorney’s Council of Georgia to prosecute this case and the previous GBI case involving Henderson,” GBI said.
The day before his arrest, on July 1, Henderson pleaded not guilty to the separate charges in his criminal re-indictment regarding that “previous GBI case.” Henderson pleaded not guilty in January to the same charges under the original indictment that was thrown out June 5.
Superior Court Senior Judge Randy Rich, who presided over the July 1 arraignment, has tasked the Clerk of Court with coordinating calendar dates for outstanding motions as well as a trial in the case, which could occur as early as August or September.
After the arraignment, Henderson visited the Towns County Commissioner’s Office to ensure his salary would be restored, including backpay dating to the Dec. 19, 2025, executive order signed by Georgia Gov. Brian Kemp that resulted in his suspension without pay.
The Dec. 19 suspension was set to run until “the final disposition of the case or until the expiration of his term of office, whichever occurs first.” But that suspension was tied to the original indictment Judge Rich vacated last month, which lifted the suspension.
On Friday, June 26, Henderson’s defense team finalized its legal preparations for the sheriff to return to office by Monday, June 29, notifying both the Towns County Commissioner’s Office and the Sheriff’s Office.
That same Friday, Kemp learned of new “allegations of misconduct” by the sheriff, kickstarting an over-the-weekend re-appointment of the governor’s previous review committee, which took about a day to recommend re-suspension before Henderson could resume office on June 29.
Newly suspended, Henderson was arrested four days later.
The newspaper could not confirm by press time if the new criminal allegations were the basis of the sheriff’s June 28 re-suspension by Gov. Brian Kemp, but it seems likely. Kemp’s office declined to clarify last week.
Henderson received his backpay and salary restoration last Wednesday.
All individuals are innocent until proven guilty in a court of law.