Judge dismisses RICO charges against 61 'Stop Cop City' defendants

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A stop cop city protest.

ATLANTA - A Fulton County judge formally dismissed racketeering charges Tuesday against 61 people involved in the "Stop Cop City" movement, ruling that Georgia Attorney General Chris Carr lacked the legal authority to bring the case.

RICO charges dismissed

What we know:

Fulton County Superior Court Judge Kevin Farmer signed the order Dec. 30 following months of legal challenges. The ruling guts the state's central argument that opposition to the Atlanta Public Safety Training Center constituted a criminal enterprise.

Judge Kevin Farmer (FOX 5)

Farmer wrote that the attorney general did not follow proper procedure to secure an indictment on the racketeering charges.

Under the Georgia Constitution, the attorney general needs a written request from the governor or specific legislative permission to bypass local district attorneys for such prosecutions. Carr conceded during a September hearing that Gov. Brian Kemp had not issued such a request.

"The Attorney General acknowledged that no prior authority was granted by the Governor to bring RICO charges," Farmer wrote in the order. He added that while state law allows the attorney general to prosecute domestic terrorism and gang charges, the RICO statute contains no such provision for independent action.

The state argued its authority came from a statute allowing the attorney general to prosecute those "dealing with" the state. Prosecutors claimed the protesters' alleged crimes against state employees and property met this definition.

Farmer rejected that interpretation, noting it would lead to "absurd results" and give the state's top lawyer powers far beyond those granted by the constitution.

"Litter on a state road, get prosecuted by the AG. Open container of alcohol at a Bulldogs game, get prosecuted by the AG," Farmer wrote. "These examples sound farfetched and far down the slippery slope, but they are the reality if the AG were allowed to expand his authority beyond that granted to him."

Stop Cop City protests

The backstory:

The sprawling indictment originated in August 2023 when a Fulton County grand jury charged 61 people with racketeering. State prosecutors alleged the defendants were part of a "militant anarchist" conspiracy to prevent the construction of the Atlanta Public Safety Training Center.

Protesters opposing the Atlanta Public Safety Training Center surround the Fulton County Government Center in downtown Atlanta on Aug. 14, 2023. (FOX 5)

The prosecution’s theory relied on the idea that various acts of protest, ranging from handing out flyers to more serious acts of property damage, were part of a coordinated criminal enterprise. Key figures in the case included three leaders of the Atlanta Solidarity Fund, a nonprofit that provides bail money and legal assistance for protesters. FOX 5 Atlanta reported that state prosecutors alleged the fund was used to facilitate criminal activity, leading to additional charges of charity fraud for those individuals.

The "Stop Cop City" movement gained national attention following the January 2023 fatal police shooting of Manuel Esteban Paez Terán, an activist known as Tortuguita, during a clearing operation at the construction site. Since then, the site has been the location of numerous clashes between activists and law enforcement, which the state used as the foundation for the RICO and domestic terrorism charges.

SEE ALSO:

• Protesters celebrate as court dismisses sweeping RICO charges
• Indicted 'Cop City' activists appear in court for status hearing
• 61 'Cop City' protesters arraigned on RICO charges
• Georgia judge to toss racketeering charges against 'Cop City' protesters
• Atlanta Solidarity Fund organizers among 61 indicted in RICO case

Chris Carr/State of Georgia website

Attorney General Chris Carr to appeal

What they're saying:

Carr's office said it intends to appeal the dismissal and issued a statement:

"We strongly disagree with this decision and will continue to vigorously pursue this Domestic Terrorism case to ensure that justice is served."

Domestic terrorism charges still hold

What's next:

The ruling does not end all prosecutions related to the training center. Five defendants still face domestic terrorism charges, which Farmer did not dismiss because the attorney general has specific statutory authority to prosecute them.