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(NEW YORK POST) – A former county official in Georgia will not face criminal charges despite the discovery of illicit videos showing him performing oral sex on two men who appeared incoherent and unresponsive, authorities said.
David Kimbrell, former emergency management director for Hall County, allegedly filmed himself performing the sex act on two men while they were drunk or visibly impaired, according to documents obtained by The Atlanta Journal-Constitution.
Kimbrell, who was fired in October, told investigators that both men were aware of the videos and “what he was doing to them,” but documents connected to the investigation, as well as interviews with the two victims suggest otherwise, according to the newspaper.
One of the alleged victims declined to press charges against Kimbrell, 55, of Gainesville, Ga., due to the embarrassment surrounding the allegations. Kimbrell, who worked as the county’s fire chief until 2014 before becoming its emergency management director, lost his job after another Hall County employee discovered one of the videos on his work computer, documents show.
An employee doing routine server maintenance stumbled upon the first video and alerted authorities on Oct. 26. The employee who was looking to clear space on the machine said he opened the video to see if the file was important enough to be saved.
But instead of work-related material, the employee saw a man “lying on his back fully clothed and [appeared] to be asleep or passed out” as Kimbrell pulled down the man’s pants and performed a sex act on him, according to the report.
The video was shot in a hotel room and the victim was unresponsive and seemingly unaware that he was being recorded, officials said.
Kimbrell, who could not be reached for comment early Thursday, has admitted to authorities that he appeared in the video.
The victim told investigators that the incident likely occurred in 2012 during a conference in Savannah. He was an 18- or 19-year-old new hire at the time, he said, and admitted drinking alcohol to excess for passing out on a sofa.
The victim, who declined to press charges without providing a reason, told authorities that he and Kimbrell would “play around,” but denied having a sexual relationship with Kimbrell.
“Even though the victim in that case had already stated that he did not wish to prosecute, the proper legal protocol is to forward the case to the appropriate jurisdiction to allow them the opportunity to review it and determine their own course of action,” Deputy Stephen Wilbanks of the Hall County Sheriff’s Office wrote the newspaper in an email.
Cpl. Hillary Nielsen, a public information officer for the Savannah-Chatnam Metropolitian Police Department, told The Post on Thursday that no charges are forthcoming against Kimbrell.
Investigators also found a second video depicting Kimbrell performing oral sex on a man who appeared unresponsive just days after learning about the initial video. Kimbrell told detectives that the video found during a search of his office was recorded in his home in Gainesville six years ago.
The victim told investigators that he did spend a night at Kimbrell’s home, but said he did not have consensual sex with him. The victim, who said he may have passed out after drinking hard liquor, ultimately decided not to press charges because he was “extremely embarrassed” by the footage and didn’t want it possibly played in court, the Journal-Constitution reports.
Kimbrell, who was originally hired by the county in 1991, said he had “no hard feelings” after his termination.
“My personal computer backed up to the county network, and there was some stuff on there that they considered inappropriate,” Kimbrell told The Gainesville Times.