Judge says he will toss 'Stop Cop City' RICO charges

FULTON COUNTY, Ga. - A Fulton County judge said he will throw out a case against dozens of protesters accused of a years-long conspiracy to halt construction of a police and firefighter training facility in Atlanta, according to the Associated Press.

What we know:

Judge Kevin Farmer said he does not believe Republican Attorney General Chris Carr had the authority to secure the 2023 indictments under Georgia’s RICO law. Farmer ruled that Carr needed permission from Gov. Brian Kemp to pursue the case instead of leaving it to the local district attorney. Prosecutors conceded they never obtained such an order.

"It would have been real easy to just ask the governor, ‘Let me do this, give me a letter,’" Farmer said. "The steps just weren’t followed."

Five of the 61 defendants were also indicted on charges of domestic terrorism and first-degree arson. Farmer said Carr lacked authority to pursue the arson charge but said the domestic terrorism charge could stand.

Farmer said he would file a formal order soon but had not decided whether to quash the entire indictment or allow the domestic terrorism charge to remain. He added that he expects prosecutors to appeal regardless. 

Each defendant faced up to 20 years in prison under the racketeering charges. 

What's next:

Xavier De Janon, an attorney for one of the defendants, said, "The state is having a hard time even explaining what this indictment is about."

Defendant Jamie Marsicano argued the charges were politically motivated. "According to the indictment. And this is a, quote, some of the major ideas that anarchists promote include collectivism, mutual aid, and social and solidarity," Marsicano said.

Marsicano added, "What happens when the state says that these concepts are unlawful? It can suppress our very human urge to engage in these very human things."

The other side:

Prosecutors told the AP the decision was incorrect. 

The Attorney General's office sent FOX 5 a written statement on the judge's comments. "The Attorney General will continue the fight against domestic terrorists and violent criminals who want to destroy life and property. We strongly disagree with this decision and will appeal immediately," the statement read.

Kemp’s spokesperson also defended the prosecution. "Nothing in the Court’s statements from today should create any doubt about our support of this prosecution, and we’ll continue to do everything in our power to hold these individuals accountable," the spokesperson said.

The backstory:

The "Stop Cop City" movement, as protesters called it, began in 2020 with environmental activists and anti-police demonstrators opposing the facility, which was built in a wooded area that was razed in DeKalb County.

The training center, a priority of Atlanta Mayor Andre Dickens, opened earlier this year despite years of protests and millions in cost overruns. Some of those costs were tied to damage caused by protesters and the need for 24/7 police security around the site.

Over the past two years, the case had stalled in procedural disputes, with none of the defendants going to trial. Experts believe it was the largest criminal racketeering case ever filed against protesters in U.S. history.