Conasauga Judicial Circuit Judge Cindy Morris denied a motion to set bond for a man facing two counts of enticing a child for indecent purposes in Whitfield Superior Court on Tuesday, Dec. 12.
Twenty-six-year-old defendant Hayden Christopher Black is also facing three misdemeanor charges — disorderly conduct, public drunkenness and simple battery — stemming from incidents alleged to have occurred in 2020.
Black was represented by attorney McCracken Poston in Tuesday’s proceedings.
“Mr. Black is an unusual case before you today,” Poston told the court. “He was convicted years ago of a theft in Whitfield County, which gave him a period of probation — he also had a serious car accident which caused a traumatic brain injury.”
Black was indicted on the five aforementioned charges by grand jurors in 2021.
“As opposed to these types of charges that usually happen in secret situations, that was taunting going on at a pool,” Poston said. “Children were taunting Mr. Black and he got out of hand with language, he pushed one of the children.”
Per the bill of indictment, Black allegedly solicited two children under the age of 16 “for the purpose of child molestation and indecent acts.”
The disorderly conduct charge alleges Black used “vulgar and profane language” in the presence of children under the age of 14.
As a result of the charges, Poston said Black’s probation was revoked and his client was incarcerated.
“He was victimized in prison and given a severe assault that further traumatized his brain,” Poston said. “Mr. Black is supposed to be fitted with a helmet, according to the orders from the Augusta Medical Prison … I gave everyone I could notice of all of these needs that he had before he got here, and obviously they’re not following them.”
Poston requested “a reasonable bond” for his client, telling the court that if Black is released from custody he would reside with a family member in Ringgold.
“He is at daily risk of furthering his injury when he’s not wearing that helmet,” Poston said. “Which, obviously, was not sent. Or he’s just not wearing it, I’m not sure.”
Representing the State at the hearing was Conasauga Judicial Circuit Assistant District Attorney Mark Higgins.
“The State’s going to be opposed to bond at this point given the circumstances,” Higgins told the court.
Higgins cited a letter written by the defendant’s mother, who claimed that Black sustained “three serious brain injuries” while he was imprisoned.
“There are severe, extensive circumstances concerning his brain injury,” Poston said. “It is a liability, quite frankly, a medical liability, to the county that his father is willing to bear.”
Although a bench warrant issued for Black would be lifted by operation of law, Judge Morris said she was not inclined to “revisit the issue of bond” during Tuesday’s hearing.
“I’ll put it down for Jan. 2, for Judge (Scott) Minter,” she said. “And see where it goes from there.”