A controversial case involving the 2023 arrest of former bank president Mark Kenneth Swanson has taken a dramatic turn, as Polk County District Attorney Jaeson Smith has filed a nolle prosequi motion to halt prosecution—prompting a fierce public response from Swanson, who accuses both the judicial system and local media of distorting the facts.

Swanson was arrested on January 10, 2023, after refusing to yield the podium at a Floyd County Commission meeting when his three-minute speaking time expired. The charge, disrupting a public meeting and later changed to obstruction of law enforcement, was challenged by Swanson, who also moved to disqualify Floyd County District Attorney Leigh Patterson, citing bias and an inability to receive a fair trial.

The case was reassigned to DA Jaeson Smith of Polk County, and due to further recusals by several judges in Floyd County, Senior Judge G. Grant Brantley of Cobb County was appointed to oversee the matter.

On paper, Smith’s motion signals that the state no longer wishes to pursue the charge. A nolle prosequi—Latin for “do not wish to prosecute”—is commonly used to end a case, but does not equate to a finding of innocence or guilt. According to court filings, the motion was submitted following extended negotiations between Smith and Swanson’s legal team, with Smith stating Swanson agreed to issue an apology to the Floyd County judiciary and its citizens in exchange for the case being dropped.

However, Swanson has issued a blistering rebuttal, disputing that he admitted guilt or agreed to any plea. “Polk County District Attorney Jaeson Smith didn’t drop the charge,” Swanson wrote in a public statement. “He entered a nolle prosequi. That’s not the same.”

Swanson argues that the motion was crafted to make it appear he acknowledged wrongdoing—a portrayal he flatly denies. “It essentially says I am guilty and that I apologized for it, so the DA is letting me off the hook. That is not true.”

He further alleges the timing of the motion—filed after the expiration of the statute of limitations—conveniently ensures he can no longer be prosecuted even if he challenges the deal. “It’s a stunt,” Swanson said, “likely orchestrated by the County law firm McRae Smith Peek and Leigh Patterson, to sabotage my pending federal civil rights lawsuit.”

Swanson refers to the move as a “Pyrrhic victory”—a legal win that, in his view, carries the long-term cost of eroding the credibility of his federal case. “I would much rather be prosecuted in a corrupt trial and sent to the worst prison than be silenced through this legal manipulation,” he wrote.

Allegations of Media Bias

Swanson also directed sharp criticism at the Rome News-Tribune, which reported on the nolle prosequi filing but allegedly omitted key information.

Specifically, Swanson claims the paper failed to include the defense’s filed court response—publicly available legal documents which he argues provide crucial context. “Why didn’t the Rome News-Tribune publish anything about our filed response?” he asked. “Did they do any of their own homework, or just take the word of the Floyd County Judicial System?”

He is now considering a defamation lawsuit against the newspaper and named the former editor—now employed by the Floyd County Clerk’s office—as evidence of what he views as an inappropriate relationship between the media and local government.

Questions Around Upcoming Hearing

A hearing was originally scheduled for August 27, 2025, at 10 a.m., in Floyd County Superior Court. However, Smith’s motion, and the Rome News-Tribune’s reporting, suggest that it’s uncertain whether that hearing will proceed or whether Judge Brantley will simply sign off on the motion without open court.

Swanson has called on the public to attend the hearing and witness what he calls a “mockery of justice.” “They should be afraid of what I will say during that hearing,” he stated. “Perhaps I will ask the nolle prosequi to be withdrawn and demand a full prosecution, so everything comes out in court.”