This article has been updated to include quotes from Guyton Mayor Andy Harville and District Attorney Robert Busbee.
The former Guyton City Councilman charged with a number of felony offenses for misuse of the city credit card entered a plea in Effingham County Superior Court Thursday.
Theodore Walden Hamby III was arrested by the Georgia Bureau of Investigation on March 14, 2025 after a request for inquiry into his use of the city credit card. 26-year-old Hamby was charged with felony Theft by Taking and Financial Transaction Card Fraud. He was booked into the Effingham County Jail where he remained for three days. Upon his release, Mayor Andy Harville asked Hamby to resign from his post, but he refused.
In May 2025, Hamby’s attorney at the time, JD Maines, told WJCL that it was all a mistake and an issue rooted in Hamby’s age.
“Our position is this was him using the wrong cards. I have like six or seven cards in my wallet from different businesses, the firm, my personal. And, for someone his age, it’s not uncommon to make that mistake, and that’s all this was,” said JD Maines.
Hamby was later indicted on additional charges, including three counts of Financial Transaction Card Fraud (two $204.50 charges and one $84.50 charge) and two counts of Making False Statements. The indictment contradicted Maines’ statement to the media and alleged that Hamby lied to GBI agents during the course of their investigation when he told agents that the card was stolen in Atlanta. In September 15, 2025 an Effingham County Grand Jury again returned a True Bill of Indictment on the same charges, plus three new ones – three counts of Violation of Oath by a Public Officer. Specifically, the indictment alleged that while serving as a public officer for the City of Guyton, Hamby did “willfully and intentionally violate the terms of his oath as prescribed by law, in that he did swear “I will perform the duties of my office in the best interest of the City of Guyton to the best of my ability without fear, favor, affection, reward, or expectation thereof,” and then he did unlawfully use his City of Guyton financial transaction card to obtain U.S. currency for his personal use.
End of Public Service
In July 2025, Kemp appointed a committee to evaluate whether the charges related to and adversely affect the administration of duties of Hamby such that the rights and interest of the public are adversely affected. The committee recommended his suspension, pending adjudication, and Kemp formally suspended him from his post in August 2025. Hamby formally resigned from his seat in January 2026.
Plea
The Assistant District Attorney told the Court that Hamby admitted to the transactions and to lying to the GBI agent fifteen minutes after he was interviewed by agents last fall. In court Thursday, Hamby entered a negotiated guilty plea on three charges and received a thirteen year sentence.
1 – Financial Transaction Card Fraud – GUILTY – 3 years – 60 days in jail with the remainder on probation.
2 – Financial Transaction Card Fraud – Nolle Prosse
3 – Financial Transaction Card Fraud – Nolle Prosse
4 – Violation of Oath by Public Officer – GUILTY – 5 years on probation consecutive to Count 1.
5 – Violation of Oath by Public Officer – Nolle Prosse
6 – Violation of Oath by Public Officer – Nolle Prosse
7 – Making False Statement – GUILTY – 5 years on probation consecutive to count 4.
8 – Making False Statement – Nolle Prosse
Hamby must also:
- Pay restitution to the City of Guyton in the amount of $493.50
- Pay a $2,000 base fine plus any fees at a rate of $75/month until paid in full
- Complete 80 hours of community service
- Submit a DNA sample and a records release
- Complete Substance Abuse Treatment and Counseling
- Abide by curfew per probation
- Consume no alcohol or illegal drugs
- Frequent no residence with alcohol or illegal drugs are present
- Frequent no establishments that primarily serve alcohol
He is also barred from owning firearms and ammunition.
Hamby requested to be sentenced under the First Offender Act so the conviction would be scrubbed from his record upon completion of his sentence. Judge Michael Muldrew said he was not enthusiastic about accepting FOA because he violated the trust of citizens. Hamby’s attorney said he had no prior history and the court would not see him again after he sentenced him. Muldrew ultimately granted the First Offender Act status.
Kicklighter also told the court that Hamby wanted to apologize to deputy Effingham County Clerk of Court Kelly Hoffner since she was the alleged basis for Hamby’s previous request for a change of venue, which was denied. Hamby, however, did not offer a public apology on the record. Muldrew noted that the spurious motions filed by Hamby’s previous attorney wasted a lot of resources and had no legal basis.
Hamby must turn himself in by March 13, as Muldrew wanted him to give his current employer two weeks notice.
The case was prosecuted by the Ogeechee Judicial Circuit District Attorney’s Office.
Guyton Mayor Andy Harville offered the following statement after the plea:
“The City of Guyton acknowledges the Court’s acceptance of the negotiated plea agreement in the
case involving Mr. Hamby. We are pleased with the Court’s thorough review of the matter and its findings. The resolution reflects accountability, restitution to the City, financial penalties, community service, and clearly defined probationary conditions. We appreciate the work of the District Attorney’s Office and
law enforcement, including the GBI, in ensuring the facts were properly presented and addressed
through the judicial process. The City remains committed to transparency, integrity in public service, and upholding the trust placed in us by our citizens. With this matter concluded, our focus continues to be serving the residents of Guyton with professionalism and accountability. We wish Mr. Hamby well in his future endeavors.“
District Attorney Robert Busbee issued the following statement after the plea.
“Public office is a position of trust. When an elected official violates that trust for personal gain, accountability is not optional; it is essential. Our office remains committed to ensuring that those who serve the public are held to the highest legal and ethical standards“
Hamby’s Tenure
Hamby’s term of office began in January 2024 and his tenure has been plagued with headlines. An ethics committee found Hamby violated the city’s ethics ordinance by soliciting money for an endorsement of another political candidate and he drew the ire of the public after he campaigned on opposing a retirement plan for council members before he voted to enact the same plan.
Hamby also used his position as a city council member to file for public service loan forgiveness from the federal government.
- Ethics Complaint Filed Against Guyton City Councilman for Soliciting Money for Endorsement
- Guyton Councilman Tells Ethics Committee “If It Doesn’t Fit, You Must Acquit”
- Guyton Ethics Committee Says Hamby Guilty of Ordinance Violations, City Council Takes Action
- Harville Vetoes Retirement Plan for Guyton City Council
- Guyton City Councilman Cites Elected Office on Student Loan Forgiveness Application
- Citing ‘Bad Hombres,’ Guyton Councilman Wants PD to Join 287(g) Immigration Program
