Police report: Former Smyrna mayor involved in altercation at grocery store


28–Max Bacon, the former mayor of Smyrna for 34 years, was involved in an altercation outside a grocery store Monday night, according to a Cobb County Police Department report. Bacon, 73, was accused in the report by store employees of making lewd comments to a 16-year-old female cashier at Food Depot, located at the corner of South Cobb Drive and Concord Road. After submitting to a voluntary breathalyzer test, Bacon blew a blood alcohol concentration of 0.104, above the legal driving limit of 0.08, according to the report.

No arrests were made in the incident. Bacon did not return a phone call seeking comment by press time. Bacon and store employees provided conflicting accounts to police of the incident, which was reported at about 9:15 p.m.

Employees told police that they confronted Bacon in the parking lot about his comments toward the cashier, telling him to leave and never come back. An argument ensued, they say, in which Bacon allegedly cursed at, spit at and shoved Oscar Castro, an assistant manager. Bacon, meanwhile, told police that he simply bought several items, checked out and left the store, the report says.

He said he was approached by a male employee (Castro) in the parking lot who shoved him to the ground (Castro admitted to pushing Bacon, but said Bacon pushed him first). When questioned, Bacon said he didn’t recall who checked him out and denied speaking to anyone in the store. An off-duty officer who was working as a security guard at the store told the Cobb police officer investigating the incident that he saw Bacon speaking to the cashier.

The cashier later ran out of the store, and a coworker finished checking out Bacon, the security guard told investigators. The coworker who finished checking Bacon out later told police that the underage cashier was “shaking” when she came to request her help. The Smyrna Police Department initially responded to the incident.

After discovering that Bacon was involved, they requested Cobb Police to investigate it instead.
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The store’s manager told police there were no security cameras that showed the checkout aisle Bacon used.

Bacon was not accused of touching the cashier. “With the totality of the circumstances including all of the witness’s statements, I determined that due to the close relationships of all external parties involved … that a true unbiased story could not be determined with the present facts,” the officer wrote in the report. The various parties were given case sheets and advised on procedures for seeking arrest warrants if any decided to press charges.

The cashier went home with her mother, and Bacon was transported from the scene by his lawyer, the officer wrote.

Bacon was elected as a Smyrna councilman in 1979 before taking over as mayor in 1985, the year his father, Mayor Arthur Bacon, died in office.

He served in the position through 2019, before current Mayor Derek Norton took office in 2020.

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