| 1 | 1 | | 25 LC 60 0053 |
|---|
| 2 | 2 | | House Resolution 119 |
|---|
| 3 | 3 | | By: Representatives Evans of the 57 |
|---|
| 4 | 4 | | th |
|---|
| 5 | 5 | | , Miller of the 62 |
|---|
| 6 | 6 | | nd |
|---|
| 7 | 7 | | , Olaleye of the 59 |
|---|
| 8 | 8 | | th |
|---|
| 9 | 9 | | , and Holcomb |
|---|
| 10 | 10 | | of the 101 |
|---|
| 11 | 11 | | st |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | A RESOLUTION |
|---|
| 14 | 14 | | Compensating Mr. Mario Stinchcomb; and for other purposes. |
|---|
| 15 | 15 | | 1 |
|---|
| 16 | 16 | | WHEREAS, on November 6, 2002, Jaketha Young was found dead from a gunshot wound;2 |
|---|
| 17 | 17 | | and3 |
|---|
| 18 | 18 | | WHEREAS, on November 8, 2002, the Atlanta Police Department arrested Mario4 |
|---|
| 19 | 19 | | Stinchcomb and Michael Woolfolk on charges in relation to Ms. Young's death; and5 |
|---|
| 20 | 20 | | WHEREAS, Jamario Ford was interviewed as a part of the Atlanta Police Department's6 |
|---|
| 21 | 21 | | investigation and was with Ms. Young on the night of her death; and7 |
|---|
| 22 | 22 | | WHEREAS, Mr. Stinchcomb and Mr. Woolfolk relayed consistent stories that Ms. Young8 |
|---|
| 23 | 23 | | shot at them and they fired back in self-defense, with Mr. Woolfolk's bullet unknowingly9 |
|---|
| 24 | 24 | | striking Ms. Young; and10 |
|---|
| 25 | 25 | | WHEREAS, the Fulton County District Attorney's Office prosecuted Mr. Stinchcomb and11 |
|---|
| 26 | 26 | | Mr. Woolfolk despite their consistent claims of self-defense; and12 |
|---|
| 27 | 27 | | H. R. 119 |
|---|
| 28 | 28 | | - 1 - 25 LC 60 0053 |
|---|
| 29 | 29 | | WHEREAS, at the time of trial, Mr. Ford had absconded and the state believed he was |
|---|
| 30 | 30 | | 13 |
|---|
| 31 | 31 | | deceased, so the jury did not hear his testimony as to what he witnessed; and14 |
|---|
| 32 | 32 | | WHEREAS, Mr. Stinchcomb and Mr. Woolfolk were convicted and sentenced to life in15 |
|---|
| 33 | 33 | | prison on April 16, 2004; and16 |
|---|
| 34 | 34 | | WHEREAS, Mr. Stinchcomb and Mr. Woolfolk maintained their innocence and pursued17 |
|---|
| 35 | 35 | | appeals and other post-conviction relief; and18 |
|---|
| 36 | 36 | | WHEREAS, years later, Mr. Stinchcomb discovered that Mr. Ford was not dead and that he19 |
|---|
| 37 | 37 | | would corroborate that Ms. Young was shooting at Mr. Stinchcomb and Mr. Woolfolk when20 |
|---|
| 38 | 38 | | Mr. Woolfolk fired the fatal bullet in self-defense; and21 |
|---|
| 39 | 39 | | WHEREAS, on April 10, 2018, Mr. Stinchcomb filed an extraordinary motion for new trial22 |
|---|
| 40 | 40 | | based on this newly discovered evidence; and23 |
|---|
| 41 | 41 | | WHEREAS, the Fulton County District Attorney's Office asked that the extraordinary motion24 |
|---|
| 42 | 42 | | for new trial be dismissed without Mr. Stinchcomb having the benefit of an evidentiary25 |
|---|
| 43 | 43 | | hearing with Mr. Ford's testimony; and26 |
|---|
| 44 | 44 | | WHEREAS, Mr. Stinchcomb filed a discretionary appeal with the Georgia Supreme Court27 |
|---|
| 45 | 45 | | in which he asked for an evidentiary hearing, which was opposed by the Fulton County28 |
|---|
| 46 | 46 | | District Attorney's Office; and29 |
|---|
| 47 | 47 | | WHEREAS, on June 1, 2020, the Georgia Supreme Court recognized that Mr. Ford's30 |
|---|
| 48 | 48 | | testimony could be critical and held that Mr. Stinchcomb was entitled to an evidentiary31 |
|---|
| 49 | 49 | | hearing; and32 |
|---|
| 50 | 50 | | H. R. 119 |
|---|
| 51 | 51 | | - 2 - 25 LC 60 0053 |
|---|
| 52 | 52 | | WHEREAS, after investigation, the Fulton County Conviction Integrity Unit agreed that |
|---|
| 53 | 53 | | 33 |
|---|
| 54 | 54 | | Mr. Ford's testimony was critical and exonerated Mr. Stinchcomb; and34 |
|---|
| 55 | 55 | | WHEREAS, on April 12, 2021, a joint consent order granting the extraordinary motion for35 |
|---|
| 56 | 56 | | new trial was signed and filed by a judge of the Fulton County Superior Court; and36 |
|---|
| 57 | 57 | | WHEREAS, on April 14, 2021, the murder charges against Mr. Stinchcomb were nolle37 |
|---|
| 58 | 58 | | prossed, with Mr. Stinchcomb becoming the first person exonerated by the Fulton County38 |
|---|
| 59 | 59 | | Conviction Integrity Unit; and39 |
|---|
| 60 | 60 | | WHEREAS, as a result of his wrongful conviction, Mr. Stinchcomb missed out on seeing his40 |
|---|
| 61 | 61 | | young children grow up, lost time with his family, and was incarcerated when several of his41 |
|---|
| 62 | 62 | | loved ones passed away; and42 |
|---|
| 63 | 63 | | WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages43 |
|---|
| 64 | 64 | | suffered by Mr. Stinchcomb occurred through no fault or negligence on his part, and it is44 |
|---|
| 65 | 65 | | only fitting and proper that he be compensated for his losses in the amount of $75,000.00 for45 |
|---|
| 66 | 66 | | each year of wrongful imprisonment; and46 |
|---|
| 67 | 67 | | WHEREAS, Georgia is one of only 11 states that do not have a statutory regime for47 |
|---|
| 68 | 68 | | compensating innocent individuals who have been exonerated following a wrongful48 |
|---|
| 69 | 69 | | conviction and incarceration; and49 |
|---|
| 70 | 70 | | WHEREAS, this lack of a statutory regime for compensation requires introduction of a50 |
|---|
| 71 | 71 | | private resolution to secure such compensation in Georgia.51 |
|---|
| 72 | 72 | | H. R. 119 |
|---|
| 73 | 73 | | - 3 - 25 LC 60 0053 |
|---|
| 74 | 74 | | NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF |
|---|
| 75 | 75 | | 52 |
|---|
| 76 | 76 | | GEORGIA that the Department of Administrative Services is authorized and directed to pay53 |
|---|
| 77 | 77 | | the sum of $975,000.00 to Mr. Mario Stinchcomb as compensation as provided above. Said54 |
|---|
| 78 | 78 | | sum shall be paid from funds appropriated to or available to the Department of55 |
|---|
| 79 | 79 | | Administrative Services and shall be paid subject to the provisions of this resolution. After56 |
|---|
| 80 | 80 | | an initial payment of $321,750.00, the remainder of said sum shall be paid immediately into57 |
|---|
| 81 | 81 | | a commercial annuity account bearing interest at the prevailing market rate, payable in equal58 |
|---|
| 82 | 82 | | monthly installments over a ten-year period beginning in 2026 with interest payable to59 |
|---|
| 83 | 83 | | Mr. Mario Stinchcomb. The State of Georgia shall be entitled to a credit equal to the amount60 |
|---|
| 84 | 84 | | it pays under this resolution should Mr. Mario Stinchcomb recover damages as a result of a61 |
|---|
| 85 | 85 | | lawsuit against any state official or employee acting in an official capacity whose tort62 |
|---|
| 86 | 86 | | liability for wrongful conviction arises from the same circumstances as described in this63 |
|---|
| 87 | 87 | | resolution, less any attorney's fees or costs Mr. Mario Stinchcomb paid in obtaining those64 |
|---|
| 88 | 88 | | damages. Should Mr. Mario Stinchcomb recover damages totaling less than the amount the65 |
|---|
| 89 | 89 | | State of Georgia pays under this resolution, the State of Georgia shall be entitled to a partial66 |
|---|
| 90 | 90 | | credit no greater than the amount of damages Mr. Mario Stinchcomb recovers less any67 |
|---|
| 91 | 91 | | attorney's fees or costs Mr. Mario Stinchcomb paid in obtaining those damages. Upon the68 |
|---|
| 92 | 92 | | death of Mr. Mario Stinchcomb, all payments and all obligations of the State of Georgia69 |
|---|
| 93 | 93 | | regarding any and all future payments with respect to the annuity shall continue to be made70 |
|---|
| 94 | 94 | | to his estate or heirs.71 |
|---|
| 95 | 95 | | BE IT FURTHER RESOLVED that any amount received by Mr. Mario Stinchcomb pursuant72 |
|---|
| 96 | 96 | | to this resolution shall be excluded from his taxable net income for state income tax73 |
|---|
| 97 | 97 | | purposes.74 |
|---|
| 98 | 98 | | H. R. 119 |
|---|
| 99 | 99 | | - 4 - |
|---|