Read Part 1 – Interview with Commissioner Ray Davis
Read Part 2 – Interview with Clay & Megen Conner, owners of Sand Creek Land Construction
Read Part 3 – Interview with Bulloch County Public Works Employees
Months after an investigation by the Georgia Bureau of Investigation into Bulloch County’s Public Works department over Hurricane Helene-related invoices was opened and then later closed, the complete case file has been released under the Georgia Open Records Act.
The file, which includes copies of the invoices and a number of interviews with public officials and business owners, indicates that GBI agents determined there were discrepancies with the invoices submitted by Sand Creek Land Construction which is owned by Clay Conner, brother of Commissioner Toby Conner. While some of the discrepancies were attributed to what Conner said was an ‘industry standard’ for 8-hour minimums on truck rentals and hauling that were not reflected as line items on invoices, other discrepancies were eventually determined to be ‘simple miscalculations’ on the invoices. According to the case file, Conner was paid upwards of half a million dollars in the wake of the 2024 storm recovery.
In July 2025, Clay Conner and his attorney met with the GBI, after all parties signed a proffer agreeing that anything Conner offered in the interview could not be used against him in a criminal or civil proceeding by the GBI or Prosecuting Attorney’s Council of Georgia (PAC). The recorded interview reflects a repeated assertion by Conner that he did nothing wrong, that the investigation was politically motivated, and a clear acknowledgement of the miscalculations. It was noted in another recorded interview with another party that Clay Conner had since taken efforts to upgrade “how they do things” and have “since put things in place” in the business practices.
Given the volume of information in the case file and the number of recorded interviews, the information will be released in a series of articles. A number of interviews include no data on their date of occurrence. A follow-up has been submitted to the GBI, but has not been provided. If/when additional details of interview dates are submitted, they will be included in the forthcoming parts.
Case Timeline
Friday, February 28, 2025 – Commissioner Ray Davis contacts District Attorney Robert Busbee.
Friday, February 28, 2025 – District Attorney Robert Busbee requests assistance from the GBI after receiving information from a concerned resident. The letter says Busbee was notified of concerns regarding 1) bidding, and 2) an unnamed county commissioner, and) a county employee named “Dink Butler.”
Tuesday, March 4, 2025 – Bulloch County Commissioners hold their regular meeting. The issue of invoices and Sand Creek Land Construction are discussed during the public comment portion of the meeting. Meeting can be viewed here.
Wednesday, March 5, 2025 – 8:45 a.m – GBI Interviews Commissioner Ray Davis. Listen to his interview here.
Wednesday, March 5, 2025 – 1:31 p.m. – GBI Interviews Clay & Megen Conner Listen to the interview here.
Thursday, March 6, 2025 – 8:53 a.m. – GBI Interviews Public Works Director Dink Butler & Asst. Public Works Director Robert Seamans. Listen to the interview here.
Chairman David Bennett [Interview date not listed on audio recording or in case file. Interview time is 11:15 a.m. (based on interview end time)]
Commissioner Nick Newkirk [Interview date not listed on audio recording or in case file. Time ~8:25 a.m. (based on interview end time)]
Commissioner Anthony Simmons [Interview date not listed on audio recording or in case file. Time ~12:00 p.m. (based on interview end time)]
GBI Interviews Commissioner Ray Mosley [Interview date not listed on audio recording or in case file. Time 9:53 p.m. (based on interview end time)]
GBI Interviews Commissioner Timmy Rushing – [Interview date not listed on audio recording or in case file. Time 10:14 a.m. ]
Monday, March 10, 2025 – GriceConnect breaks the news that there is a GBI investigation. TheGeorgiaVirtue also notes an active GBI investigation in an article about the ethical concerns about Commissioner Toby Conner voting on the approval of funding for work completed by his brother.
GBI Interviews Commissioner Toby Conner [date not listed but comments from agent in the audio indicate it occurred after the month of March]. Time 10:06 a.m (based on interview end time) ]
No one else was interviewed by the GBI, but in July, the GBI does interview Clay Conner a second time.
April 11, 2025 – The District Attorney’s Office notifies PAC that the GBI investigation, which is still ongoing, will create a conflict for his office. The DA’s office did not formally ‘conflict out’ because the office did not receive the case file since Busbee notified PAC while the investigation was ongoing. The GBI does not forward its eventual findings to the Ogeechee Circuit DA’s office and instead consults with PAC.
Monday, July 14, 2025 – Clay Conner and his attorney submit a proffer to the GBI and Prosecuting Attorney’s Council of Georgia which prohibits the use of the content of Conner’s interview in any criminal or civil proceeding against him so long as the content is truthful and complete. The fact that the proffer has been made is also prohibited from being used in any criminal or civil proceeding against Clay Conner. Read the proffer. A copy of the document signed by the prosecutor in the case is available here.
Tuesday, August 19, 2025 – Conner and his attorney appear at the Bulloch County Commission meeting. Conner’s attorney, Jim Durham, tells the commissioners his client has been treated unfairly and that Conner voluntarily sat down with the GBI with all of the information about his business. Read the story.
Wednesday, Aug 20, 2025 – The Executive Director of the Prosecuting Attorney’s Council signs an order appointing a District Attorney Pro Tem to handle the case. (Note: This is when the order was signed, but PAC was handling the case prior to this date because the PAC prosecutor is referenced in the case file prior to this date and Busbee notified PAC of the potential conflict on April 11, 2025.)
Wednesday, Aug 20, 2025 – The Prosecuting Attorney’s Council pens a letter to the GBI stating, “Based on your findings and our analysis of the case, there is no readily provable criminal intent, and the case is declined.” Read the story.
Thursday, Aug 21, 2025 – TheGeorgiaVirtue filed an Open Records Request for the complete case file. The GBI replies the same day to report that the case is still open and pending and, therefore, the records are not available. View the email response from the GBI indicating that the file was not subject to release.
Tuesday, Aug 26, 2025 – TheGeorgiaVirtue again files an Open Records Request for the complete case file. [Documented in response from GBI here]
Tuesday, Sept. 2, 2025 – The GBI replies with the cost estimate for the case file and states the file will be ready on or before November 19, 2026 at 8:30 a.m. (Not a typo on the part of TGV, the GBI invoice lists the completion date as more than one year from the date of request. View the email response from the GBI.)
Friday, Oct. 3, 2025 – The GBI file is provided to TheGeorgiaVirtue. It notes that some personally identifiable information was redacted during preparation of the file, as is permitted under the Georgia Open Records Act.[View the email dated October 3 indicating that the case file is available for download]
Interview with Commission Chairman David Bennett
The interview does not begin with the date and time of the interview like other audio recordings. Agent Jones, however, indicates that Bennett may have read some of the headlines so far, all of which broke on March 10, suggesting that the interview took place after news broke regarding the GBI investigation.
0:40 – Agent Jones begins the interview and shares that they’re looking into the invoices from Sand Creek Land Construction and asked if there were any matters he wished to share with the GBI.
1:15 – Bennett mentions a constituent who reached out to him the previous Friday [before the interview] regarding a zoning matter and asked to meet with him in person. The constituent shared about the zoning issue, which predated Bennett’s time in office, sharing that Commissioner Timmy Rushing’s brother has a sand pit in close proximity to the location at the center of the zoning application. Bennett says the constituent told her that Rushing and his brother used influence to prevent the property from being zoned the way the applicant desired, even though Rushing recused himself from the actual vote.
4:00 – Bennett shares that the woman told him that Rushing went behind the scenes to talk to other commissioners to influence the decision.
4:42 – Bennett says the constituent asked if he [Bennett] was aware of the relationship between Rushing and the Conners. Discussion on professional and personal connections follows. Conversation follows to the discussion of Rushing’s company, Tarco, and the ownership of a sand pit on Highway 46 where there is a Sand Creek Land Construction sign, indicating some sort of business relationship.
6:15 – Bennett shares about the constituent’s call for a forensic audit and the ongoing criminal investigation by the GBI. He tells the agents that he told her it was not his job to conduct a criminal investigation.
6:55 – Bennett shares that he told the constituent that he had a moral obligation to share what she shared with him and that he had a meeting already scheduled with the District Attorney for Wednesday {date unclear, but presumably during budget talks}. Bennett said when he mentioned the information to Busbee, he was told ‘I’m not the guy, there’s already an investigation.’
7:22 – Bennett shares that the constituent told him that Rushing has another business – Harville Tree & Stump – in which he is a ‘shadow partner.’ “She says it’s not registered anywhere…if you call up Harville Tree & Stump, Timmy Rushing is gonna appear, do all the estimates for your business or anything they do, and I will tell you that he showed up to our budget meeting on Tuesday in a truck that is clearly marked ‘Harville Tree & Stump.’”
9:05 – Agent Jones asks Bennett if he personally detected any discrepancies with the Sand Creek invoices or if this information was brought to him and it was passed along. Bennett replies that his information is third hand, but it’s enough stuff that it is concerning and he felt like he could not ignore it.
10:22 – Agent Jones asks Bennett about general operations of the Board of Commissioners and whether or not there is any ‘infighting’ or anything associated with the case.
10:45 – Bennett replies with his background with the county and why he ran for office in the first place. He mentions the narrative by many regarding the flooring business owned by the former county chairman and how the business dealings with that business impacted zoning decisions and building permits. He then mentions that company’s contracts with Georgia Southern, Bulloch County, and the City of Statesboro.
14:15 – Bennett says it was just in the building industry, but bankers, lawyers, and others did not want to see new blood come into the county commission because a lot of people were making money off of the votes that were in office. He says there were a lot of people who spent a lot of money to see that the new commissioners did not get elected.
15:15 – Agent Jones asks Bennett if he noticed any irregularities before the Sand Creek Land Construction issue. Bennett replies about the lengthy history between Sand Creek and the county. He then says people have asked questions about the ‘no bid contract’ practice in Bulloch County since before he was elected. Bennett says he asked about it when he went to his state-mandated training after the election before he was sworn into office.
16:05 – Bennett explains that he was told that the emergency order in place (due to natural disaster) allowed the no-bid contract. Bennett said he also inquired about the business being owned by the family member of a commissioner and was told that it’s a ‘fine line’ with ethical concerns, but it’s not illegal as long as there is a need for it and that other people cannot provide that service. Bennett says he was told it needs to be “well-documented that no one else can provide that service, that service is very clearly documented, that all the billing is appropriate.”
17:20 – Bennett returns to the process of reviewing invoices and the reliance on county staff to ensure they’re correct – in both Public Works and Finance.
18:00 – Agent Lindsey Smith asks Bennett if there is a threshold [amount] for the invoices to be voted on because after obtaining all the invoices and reviewing the county commission minutes, the GBI determined that not all of the invoices were voted on after the fact. Smith goes on to say they’re trying to determine if that’s normal business practice or if there is a reason they were not discussed.
19:20 – The conversation turns to Sand Creek Land Construction invoices in particular. Bennett explains that there are many invoices that are detailed and clear, but there are some where the information is lacking.
20:00 – Bennett shares that Public Works Director Dink Butler defended the invoices and said he had more supporting documentation. “What I told Dink then was ‘Dink, this stuff goes out to the public as part of those minutes. The public should see all of that information.’ and he’s like ‘Well I have it.’ and I understand that legally, all you have to do is sign the paperwork and that’s good enough as far as the law is concerned, but when that goes out to the public, they want to see more than just your signature. Give them what they want to see. Don’t hide it. That’s been one of the biggest things that we ran on is that we’re going to be transparent and show people ‘this is where your money’s going’ and with something like this, where people know this is Toby’s brother, and they think there’s something shady going on, they already think that Toby’s shady as hell anyway, show ‘em that there’s nothing shady going on.”
21:15 – Agent Smith asks if Butler offered any response as to why he [Butler] wasn’t including the documentation. Bennett says Dink told him, “Well I just didn’t think about it when I did it. I just wasn’t thinking about it.” He says Butler had more documentation at the most recent meeting and he wants to give people the benefit of the doubt.
“Maybe he just messed up. And the reality of this is Dink ain’t perfect and I’ll go as far as saying I don’t think he’s the sharpest knife in the drawer. Quite honestly, if it wasn’t for the fact that he’s retiring, he probably wouldn’t be in Public Works right now….”
Bennett goes on to say that there are a lot of people who complain about him and how he manages all of Public Works and that while there are legitimate concerns, he has done a good job in the wake of the three storms that have hit, particularly as it pertains to documentation and reimbursements. He said Butler has saved the county millions of dollars.
22:58 – Bennett says he doesn’t know if something shady is going on or not.
“My gut tells me Timmy Rushing is crooked as a damn snake back. I used to think the jury was out on Toby, but the two of them, they’re right there together and I’m of the mind that if you lay with dogs, you gonna get fleas. There’s something here that don’t smell right to me”
23:55 – Bennett says that knowing and proving are two different things.
24:15 – Bennett says the ‘no bid’ process needs to stop. He shares that he’s concerned after learning that the county has said they couldn’t get enough trucks from other people, but there are other trucking companies who have offered the trucks to the county and they said ‘Oh no, we don’t need ‘em.’
24:50 – GBI agents asks Bennett which companies were willing to do business with the county but were told they weren’t needed.
26:15 – Discussion turns to lacking parameters for the job, that it was essentially “Get the job done however you need to, no questions asked.”
27:00 – GBI asks if Sand Creek Land Construction is the sole company benefiting from the work that needs to be done and whether or not other companies could still be included. Bennett replies “I don’t know why it wouldn’t be.” with regard to other companies. Agent Jones replies that Dink Butler told the GBI that he had to take what was available at the time.
28:55 – Bennett asks what the incentive is for doing what Conner purports to be doing, which is subcontracting below market value. “I don’t understand why he would do it…If you’re subcontracting at below market, what’s the incentive…It’s one thing to do it with your own truck, but now you’ve got to go to somebody else,” Bennett says on the possibility of losing money and then having his subcontractors on board to lose money as well.
29:47 – Agent Jones asks about the other county commissioners and their knowledge about the possible discrepancies.
30:40 – Agent Jones asks for contact information for the constituent that contacted Bennett. He provides it. Agents ask if she was OK with him passing along the information and Bennett responded affirmatively.
Nothing in the case file indicates that Agent Jones contacted the woman named by Bennett.
SOS Listing for TarCo as provided in GBI file
Listen to the full audio file below
