HR 119: Stinchcomb, Mr. Mario; compensate

House Resolution 119

By: Representatives Evans of the 57th, Miller of the 62nd, Olaleye of the 59th, and Holcomb of the 101st

A RESOLUTION

Compensating Mr. Mario Stinchcomb; and for other purposes.

WHEREAS, on November 6, 2002, Jaketha Young was found dead from a gunshot wound; and

WHEREAS, on November 8, 2002, the Atlanta Police Department arrested Mario Stinchcomb and Michael Woolfolk on charges in relation to Ms. Young's death; and

WHEREAS, Jamario Ford was interviewed as a part of the Atlanta Police Department's investigation and was with Ms. Young on the night of her death; and

WHEREAS, Mr. Stinchcomb and Mr. Woolfolk relayed consistent stories that Ms. Young shot at them and they fired back in self-defense, with Mr. Woolfolk's bullet unknowingly striking Ms. Young; and

WHEREAS, the Fulton County District Attorney's Office prosecuted Mr. Stinchcomb and Mr. Woolfolk despite their consistent claims of self-defense; and

WHEREAS, at the time of trial, Mr. Ford had absconded and the state believed he was deceased, so the jury did not hear his testimony as to what he witnessed; and

WHEREAS, Mr. Stinchcomb and Mr. Woolfolk were convicted and sentenced to life in prison on April 16, 2004; and

WHEREAS, Mr. Stinchcomb and Mr. Woolfolk maintained their innocence and pursued appeals and other post-conviction relief; and

WHEREAS, years later, Mr. Stinchcomb discovered that Mr. Ford was not dead and that he would corroborate that Ms. Young was shooting at Mr. Stinchcomb and Mr. Woolfolk when Mr. Woolfolk fired the fatal bullet in self-defense; and

WHEREAS, on April 10, 2018, Mr. Stinchcomb filed an extraordinary motion for new trial based on this newly discovered evidence; and

WHEREAS, the Fulton County District Attorney's Office asked that the extraordinary motion for new trial be dismissed without Mr. Stinchcomb having the benefit of an evidentiary hearing with Mr. Ford's testimony; and

WHEREAS, Mr. Stinchcomb filed a discretionary appeal with the Georgia Supreme Court in which he asked for an evidentiary hearing, which was opposed by the Fulton County District Attorney's Office; and

WHEREAS, on June 1, 2020, the Georgia Supreme Court recognized that Mr. Ford's testimony could be critical and held that Mr. Stinchcomb was entitled to an evidentiary hearing; and

WHEREAS, after investigation, the Fulton County Conviction Integrity Unit agreed that Mr. Ford's testimony was critical and exonerated Mr. Stinchcomb; and

WHEREAS, on April 12, 2021, a joint consent order granting the extraordinary motion for new trial was signed and filed by a judge of the Fulton County Superior Court; and

WHEREAS, on April 14, 2021, the murder charges against Mr. Stinchcomb were nolle prossed, with Mr. Stinchcomb becoming the first person exonerated by the Fulton County Conviction Integrity Unit; and

WHEREAS, as a result of his wrongful conviction, Mr. Stinchcomb missed out on seeing his young children grow up, lost time with his family, and was incarcerated when several of his loved ones passed away; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages suffered by Mr. Stinchcomb occurred through no fault or negligence on his part, and it is only fitting and proper that he be compensated for his losses in the amount of $75,000.00 for each year of wrongful imprisonment; and

WHEREAS, Georgia is one of only 11 states that do not have a statutory regime for compensating innocent individuals who have been exonerated following a wrongful conviction and incarceration; and

WHEREAS, this lack of a statutory regime for compensation requires introduction of a private resolution to secure such compensation in Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF

GEORGIA that the Department of Administrative Services is authorized and directed to pay the sum of $975,000.00 to Mr. Mario Stinchcomb as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Administrative Services and shall be paid subject to the provisions of this resolution. After an initial payment of $321,750.00, the remainder of said sum shall be paid immediately into a commercial annuity account bearing interest at the prevailing market rate, payable in equal monthly installments over a ten-year period beginning in 2026 with interest payable to Mr. Mario Stinchcomb. The State of Georgia shall be entitled to a credit equal to the amount it pays under this resolution should Mr. Mario Stinchcomb recover damages as a result of a lawsuit against any state official or employee acting in an official capacity whose tort liability for wrongful conviction arises from the same circumstances as described in this resolution, less any attorney's fees or costs Mr. Mario Stinchcomb paid in obtaining those damages. Should Mr. Mario Stinchcomb recover damages totaling less than the amount the State of Georgia pays under this resolution, the State of Georgia shall be entitled to a partial credit no greater than the amount of damages Mr. Mario Stinchcomb recovers less any attorney's fees or costs Mr. Mario Stinchcomb paid in obtaining those damages. Upon the death of Mr. Mario Stinchcomb, all payments and all obligations of the State of Georgia regarding any and all future payments with respect to the annuity shall continue to be made to his estate or heirs.

BE IT FURTHER RESOLVED that any amount received by Mr. Mario Stinchcomb pursuant to this resolution shall be excluded from his taxable net income for state income tax purposes.