25 LC 60 0053
House Resolution 119
By: Representatives Evans of the 57
th
, Miller of the 62
nd
, Olaleye of the 59
th
, and Holcomb
of the 101
st
A RESOLUTION
Compensating Mr. Mario Stinchcomb; 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 arrested 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. Woolfolk'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. 119
- 1 - 25 LC 60 0053
WHEREAS, at the time of trial, Mr. Ford had absconded and the state believed he was
13
deceased, so the jury did not hear his testimony as to what he witnessed; and14
WHEREAS, Mr. Stinchcomb and Mr. Woolfolk were convicted and sentenced to life in15
prison on April 16, 2004; and16
WHEREAS, Mr. Stinchcomb and Mr. Woolfolk maintained their innocence 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 benefit 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 entitled to an evidentiary31
hearing; and32
H. R. 119
- 2 - 25 LC 60 0053
WHEREAS, after investigation, the Fulton County Conviction Integrity Unit agreed that
33
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. Stinchcomb were nolle37
prossed, with Mr. Stinchcomb becoming the first person exonerated by the Fulton County38
Conviction Integrity Unit; and39
WHEREAS, as a result of his wrongful conviction, Mr. Stinchcomb missed out on seeing his40
young children grow up, lost time with his family, and was incarcerated when several of his41
loved ones passed away; and42
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages43
suffered by Mr. Stinchcomb occurred through no fault or negligence on his part, and it is44
only fitting and proper that he be compensated for his losses in the amount of $75,000.00 for45
each year of wrongful imprisonment; and46
WHEREAS, Georgia is one of only 11 states that do not have a statutory regime for47
compensating innocent individuals who have been exonerated following a wrongful48
conviction and incarceration; and49
WHEREAS, this lack of a statutory regime for compensation requires introduction of a50
private resolution to secure such compensation in Georgia.51
H. R. 119
- 3 - 25 LC 60 0053
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
52
GEORGIA that the Department of Administrative Services is authorized and directed to pay53
the sum of $975,000.00 to Mr. Mario Stinchcomb as compensation as provided above. Said54
sum shall be paid from funds appropriated to or available to the Department of55
Administrative Services and shall be paid subject to the provisions of this resolution. After56
an initial payment of $321,750.00, the remainder of said sum shall be paid immediately into57
a commercial annuity account bearing interest at the prevailing market rate, payable in equal58
monthly installments over a ten-year period beginning in 2026 with interest payable to59
Mr. Mario Stinchcomb. The State of Georgia shall be entitled to a credit equal to the amount60
it pays under this resolution should Mr. Mario Stinchcomb recover damages as a result of a61
lawsuit against any state official or employee acting in an official capacity whose tort62
liability for wrongful conviction arises from the same circumstances as described in this63
resolution, less any attorney's fees or costs Mr. Mario Stinchcomb paid in obtaining those64
damages. Should Mr. Mario Stinchcomb recover damages totaling less than the amount the65
State of Georgia pays under this resolution, the State of Georgia shall be entitled to a partial66
credit no greater than the amount of damages Mr. Mario Stinchcomb recovers less any67
attorney's fees or costs Mr. Mario Stinchcomb paid in obtaining those damages. Upon the68
death of Mr. Mario Stinchcomb, all payments and all obligations of the State of Georgia69
regarding any and all future payments with respect to the annuity shall continue to be made70
to his estate or heirs.71
BE IT FURTHER RESOLVED that any amount received by Mr. Mario Stinchcomb pursuant72
to this resolution shall be excluded from his taxable net income for state income tax73
purposes.74
H. R. 119
- 4 -