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Towns County Sheriff Rudy Eller will plead guilty Tuesday to charges that he lied to GBI investigators and hid evidence to protect two deputies who alleged shot up a local resident’s home last month.

Eller’s attorney, Michael Weaver, said Eller is pleading guilty rather than face a likely trial because he is "remorseful and feels like he has let the people of Towns County down."

District Attorney Stan Gunter has said he planned to take the case to the grand jury as early as next month.

Weaver declined to say Monday whether Eller, who was charged with evidence-tampering, violation of his oath of office and related offenses, will resign.

"Normally, there is a deal with a plea, but there is no deal this time," said Weaver, who declined to be more specific. Eller plans to make a public statement after a 1:30 hearing Tuesday before Superior Court Judge Lynn Alderman at the Towns County Courthouse in Hiawassee, said Weaver.

Towns County sheriff’s Deputy Jessie Gibson and Chief Deputy Eddie Osborn, 41, were charged with aggravated assault and obstruction of justice in the July 9 shooting at the home of Gary Dean, 51, who was having an affair with the wife of Osborn, according to a GBI affidavit.

Gibson was found dead at his home Aug. 8 of a gunshot wound to the head, which the GBI declared an apparent suicide. He left an audiotape message for his family that was turned over to the GBI.

Osborn’s attorney, Michelle Vaughan, could not be reached for comment. Weaver said he believes Osborn has not agreed to a plea.

Gov. Sonny Perdue named a three-person panel including Attorney General Thurbert Baker to investigate the charges against Eller and recommend whether the sheriff should be suspended. Russ Willard, a spokesman for Baker, said the commission concluded its investigation and sent its recommendation to the governor’s office last week.

Eller has continued to hold the office of sheriff since he was arrested July 31. He was released the same day on $250,000 bond.

The shooting and alleged cover-up has rocked the mountain community of about 10,000 residents.

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