HR118: HR118 Woolfolk, Mr. Michael; compensate

25 LC 60 0054 House Resolution 118 By: Representatives Evans of the 57th, Miller of the 62nd, Olaleye of the 59th, and Holcomb of the 101st A RESOLUTION Compensating Mr. Michael Woolfolk; and for other purposes.1 WHEREAS, on November 6, 2002, Jaketha Young was found dead from a gunshot wound;2 and3 WHEREAS, on November 8, 2002, the Atlanta Police Department arr ested Mario4 Stinchcomb and Michael Woolfolk on charges in relation to Ms. Young's death; and5 WHEREAS, Jamario Ford was interviewed as a part of the Atlanta Police Department's6 investigation and was with Ms. Young on the night of her death; and7 WHEREAS, Mr. Stinchcomb and Mr. Woolfolk relayed consistent stories that Ms. Young8 shot at them and they fired back in self-defense, with Mr. Wool folk's bullet unknowingly9 striking Ms. Young; and10 WHEREAS, the Fulton County District Attorney's Office prosecuted Mr. Stinchcomb and11 Mr. Woolfolk despite their consistent claims of self-defense; and12 H. R. 118 - 1 - 25 LC 60 0054 WHEREAS, at the time of trial, Mr. Ford had absconded and the s tate believed he was13 deceased, so the jury did not hear his testimony as to what he witnessed; and14 WHEREAS, Mr. Stinchcomb and Mr. Woolfolk were convicted and sen tenced to life in15 prison on April 16, 2004; and16 WHEREAS, Mr. Stinchcomb and Mr. Woolfolk maintained their innoc ence and pursued17 appeals and other post-conviction relief; and18 WHEREAS, years later, Mr. Stinchcomb discovered that Mr. Ford was not dead and that he19 would corroborate that Ms. Young was shooting at Mr. Stinchcomb and Mr. Woolfolk when20 Mr. Woolfolk fired the fatal bullet in self-defense; and21 WHEREAS, on April 10, 2018, Mr. Stinchcomb filed an extraordinary motion for new trial22 based on this newly discovered evidence; and23 WHEREAS, the Fulton County District Attorney's Office asked that the extraordinary motion24 for new trial be dismissed without Mr. Stinchcomb having the be nefit of an evidentiary25 hearing with Mr. Ford's testimony; and26 WHEREAS, Mr. Stinchcomb filed a discretionary appeal with the Georgia Supreme Court27 in which he asked for an evidentiary hearing, which was opposed by the Fulton County28 District Attorney's Office; and29 WHEREAS, on June 1, 2020, the Georgia Supreme Court recognized that Mr. Ford's30 testimony could be critical and held that Mr. Stinchcomb was en titled to an evidentiary31 hearing; and32 H. R. 118 - 2 - 25 LC 60 0054 WHEREAS, after investigation, the Fulton County Conviction Inte grity Unit agreed that33 Mr. Ford's testimony was critical and exonerated Mr. Stinchcomb; and34 WHEREAS, on April 12, 2021, a joint consent order granting the extraordinary motion for35 new trial was signed and filed by a judge of the Fulton County Superior Court; and36 WHEREAS, on April 14, 2021, the murder charges against Mr. Stin chcomb were nolle37 prossed, with Mr. Stinchcomb becoming the first person exonerated by the Fulton County38 Conviction Integrity Unit; and39 WHEREAS, on May 17, 2021, Mr. Woolfolk filed an extraordinary motion for a new trial40 on the same grounds, which was granted, and the charges against him were likewise nolle41 prossed; and42 WHEREAS, as a result of his wrongful conviction, Mr. Woolfolk missed out on seeing his43 young children grow up, lost time with his family, and was incarcerated when several of his44 loved ones passed away; and45 WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages46 suffered by Mr. Woolfolk occurred through no fault or negligence on his part, and it is only47 fitting and proper that he be compensated for his losses in the amount of $75,000.00 for each48 year of wrongful imprisonment; and49 WHEREAS, Georgia is one of only 11 states that do not have a st atutory regime for50 compensating innocent individuals who have been exonerated foll owing a wrongful51 conviction and incarceration; and52 H. R. 118 - 3 - 25 LC 60 0054 WHEREAS, this lack of a statutory regime for compensation requi res introduction of a53 private resolution to secure such compensation in Georgia.54 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF55 GEORGIA that the Department of Administrative Services is authorized and directed to pay56 the sum of $1,350,000.00 to Mr. Michael Woolfolk as compensatio n as provided above. 57 Said sum shall be paid from funds appropriated to or available to the Department of58 Administrative Services and shall be paid subject to the provisions of this resolution. After59 an initial payment of $445,500.00, the remainder of said sum shall be paid immediately into60 a commercial annuity account bearing interest at the prevailing market rate, payable in equal61 monthly installments over a ten-year period of time beginning in 2026 with interest payable62 to Mr. Michael Woolfolk. The S tate of Georgi a shall be entitle d to a credit equal to the63 amount it pays under this resolution should Mr. Michael Woolfol k recover damages as a64 result of a lawsuit against any state official or employee acting in an official capacity whose65 tort liability for wrongful conviction arises from the same circumstances as described in this66 resolution, less any attorney's fees or costs Mr. Michael Woolf olk paid in obtaining those67 damages. Should Mr. Michael Woolfolk recover damages totaling less than the amount the68 State of Georgia pays under this resolution, the State of Georgia shall be entitled to a partial69 credit no greater than the amount of damages Mr. Michael Woolfo lk recovers less any70 attorney's fees or costs Mr. Michael Woolfolk paid in obtaining those damages. Upon the71 death of Mr. Michael Woolfolk, all payments and all obligations of the State of Georgia with72 respect to any and all future payments with respect to the annuity shall continue to be made73 to his estate or heirs.74 BE IT FURTHER RESOLVED that any amount received by Mr. Michael Woolfolk pursuant75 to this resolution shall be excluded from his taxable net incom e for state income tax76 purposes.77 H. R. 118 - 4 -