Breaking the Cycle of Repeat Offenders in Fulton County

The Annual Report of the Atlanta Repeat Offender Commission

October 4, 2019 OVERVIEW

Crime in Atlanta often results from the repeated bad acts of a small number of individuals whose criminal histories are seemingly minimized by a court and probation system that quickly releases them from incarceration, whereupon the police arrest them again for newly committed crimes. Repeat Offenders are defined as persons who have three or more prior felony convictions. The leniency shown to these bad actors by the judicial system results in recidivistic crimes that prey on the public, often resulting in egregious injury or public fear by citizens and the neighborhoods who feel as if they’ve been terrorized. Regarding repeat offenders, the police do their detection job well. They know where the criminals live. They know where they commit their crimes. And they arrest and re-arrest these bad actors only to have these serial offenders sentenced to minimal incarceration, then freed to begin anew their criminal activity. • Why do the courts fail to incarcerate these felons? • Don’t law-abiding citizens deserve protection from serial felons? • Why are judges failing to incarcerate people who repeatedly choose to commit serious crimes? • Why do judges allow probation of persons, four-times convicted, who brazenly carry firearms despite prior convictions and in violation of law?

The Atlanta Repeat Offenders Commission (AROC) was empaneled to examine the scope of this problem and offer recommendations to fix it. The AROC seeks to establish: • Greater awareness by the public of the repeat offender problem in Atlanta • Transparency into the sentencing decisions by judges, so the public has a clear line of sight into how each judge in Fulton County Superior Court sentences repeat offenders • Recommendations to streamline the criminal justice process to ensure judges have accurate and timely information on prior convictions of defendants who appear before them • Collaboration between the City, Fulton County and state agencies to track repeat offenders through the judicial system

2 Repeat Offender Report Highlights

 Approximately 18% of felony cases adjudicated in Fulton County Superior Court in 2017 and 2018 were committed by ROs  1065 RO cases of roughly 6,000 felony cases in 2017  903 RO cases of roughly 5,000 felony cases in 2018  In 2017 and 2018, 23% of City of Atlanta repeat offenders were sentenced to Confinement by Fulton County Superior Court judges -- a decrease of nearly 14% from the 37% who were sentenced to Confinement in 2016  In 2017 and 2018, 22% of repeat offenders were carrying firearms when they committed the most recent crime for which they were convicted  Sentencing variability of convicted ROs to Confinement ranged from a low of 10% to a high of 48%  The most common sentence imposed by judges for ROs in 2017 and 2018 was “time served,” applied in 37% of cases. This represents the time a defendant spends in jail awaiting trial. In Fulton County, this averages 95 days, for a felon convicted of his/her fourth felony.  Multiple Repeat Offenders are defined as individuals who have multiple felony arrests by the Atlanta Police Department within the same year.  In 2017, there were 67 individuals – 24% (16) were sentenced to serve time in prison  In 2018, there were 86 Individuals – 36% (31) were sentenced to serve time in prison 3 REPEAT OFFENDER CASE EXAMPLES Case Example 1 Case Example 2  A man with 10 prior felony convictions was  A man with seven felony convictions since 2007, including arrested and charged in a 2015 burglary. convictions for aggravated assault and possession of a  Convicted and sentenced in 2016 to 15 years of firearm by a convicted felon, was charged in 2017 with Probation (Adjudicating Judge: T. J. Bedford, Jr.) aggravated assault, criminal damage to property and, once  In 2018, the defendant was arrested and convicted for entering an automobile and again, possession of a firearm by a convicted felon. committing criminal damage to property and  Sentenced to 15 years, meted out as three years of weekend sentenced to two years of Probation Confinement, seven years of Probation and five years of a (Adjudicating Judge: A. Dempsey) Suspended sentence. (Adjudicating Judge: S. Millender)  Defendant was later arrested in 2018, tried and  The offender’s probation was revoked after he failed three convicted for aggravated assault with a deadly times to report to his Probation Officer. weapon. Although prior felony convictions over  15 years, was sentenced to Time Served, which The offender was re-arrested in 2019 again for violating his was commuted to a sentence of four years of probation by failing to report and re-released. Probation and entry to the Tall Pines Assisted  After this release, he was subsequently arrested again for Living program. (Adjudicating Judge: K. Ellerbe) domestic battery and released 10 days later on a surety  Three judges passed sentences on this felon who bond. committed most of his crimes while on probation.  Just two months later, he was charged with criminal attempt The defendant was never sentenced to to commit murder and aggravated assault. confinement despite a history of repeated violent  offenses, each of which was a serious violation of Despite a 13-year history of convictions and increasingly his prior sentence(s). violent charges, he remains free on bond while awaiting trial on his most recent offenses. 4 2016 Action Items / Recommendations Status

Agency 2016 AROC Action Items/Recommendations Status Ensure repeat offender information is consistently disseminated to Field Atlanta Police Operations > Ongoing Department (APD) Create a Repeat Offender Tracking Unit to keep all arrests of ROs in one central location > Completed; Revamped - tracking now by ACRC Prioritize arrests of ROs on probationary warrants > Ongoing Department of Increase staffing to provide specific oversight and supervision of ROs Community > Budgetary Concerns - new ESP proposal Services (DCS) Coordinate with FCSO to streamline the current warrant process for > Progress made with communications between probation violators (2015 vs 2016 process) the two agencies; in process Coordinate warrant round ups with other AROC agencies to clear up the Fulton County backlog > Ongoing Sheriff Office FCSO to coordinate with DCS to streamline the current warrant process for > Progress made with communications between (FCSO) probation violators the two agencies; in process

Support to continue clearing up missing dispositions in GCIC > Progress was made with assistance from APF Georgia Bureau of Investigation (GBI) Requires continuous support from responsible agencies to keep CHRI up to > In Process to ensure all agencies are providing date required correct information to CHRI

5 2016 Action Items / Recommendations Status

Agency 2016 AROC Action Items/Recommendations Status Make repeat offenders easily identifiable in the ODYSSEY database and > Progress made with the designation of "RO Non- tracked through the adjudication process quicker Complex" Working to designate ALL identified ROs Fulton County Ensure repeat offenders are sentenced to the full extent of the law > In process to ensure Judges have info on all ROs Superior Court Work with the DA's office to ensure the RO's criminal history is complete at > Working to designate ALL identified ROs; new (FCSC) the outset of court proceedings label/designation (including the FCS > In Process with the Judges including the new ESP Clerk's office) Ensure all repeat offender probation violators are assigned to the previous proposal from DCS judge > Completed and progress shown; More RO cases Establish COMPLEX vs NON COMPLEX case assignments are "offender" were heard in COMPLEX court in 2018 vs 2016. based 48% increase Create a RO option in the ODYSSEY database to assist in tracking > Created "RO Non-Complex" for cases of a throughout the adjudication process lesser charge normally sent to Non-complex; now need one for ALL ROs Work with the Clerk's office to ensure the RO's criminal history is complete > Working with APD & DA's office to ensure District Attorney's at the outset of court proceedings criminal histories are complete. The DA's Office Office (DA Office) Clarify at what point during the Complaint Room process is an offender identification of ROs by DA's office as "A" "B" or established as RO and COMPLEX vs NON COMPLEX "C" with effectiveness seen in the improvement in COMPLEX court percentages > Confirmed id should be made before 'first appearance'.

6 Current 2019 AROC Recommendations

o Publish quarterly scorecard of Fulton County Superior Court judges’ sentencing records for Repeat Offenders. Impact: Invite public and media scrutiny to judges’ sentencing so the public can evaluate whether the judicial system is acting in best interest of public safety.

o Each RO defendant’s criminal history will be provided to the presiding judge at the sentencing hearing. Impact: Currently, cases often disposed without complete criminal history. Sentencing would be improved to comply with state statues that ROs be sentenced to full extent of the law. Our objective is to evaluate RO cases from the perspective of “the offender” rather than from the perspective of “the offense.”

o DA’s office to provide to RO Working Group an updated monthly list of all RO felony arrestees. Impact: Currently, tracking ROs in the judicial system is spotty. DA identification of RO cases will ensure greater real-time knowledge of ROs who are “in the system.”

o Fulton County Superior Court will provide a monthly report of all Closed Cases of ROs in Fulton County. Impact: Reporting RO cases within the current year will provide a timely view of RO processing by FCSC judges – adding another level of accountability.

o AROC Working Group will work to evaluate the judicial information flow and recommend technology enhancement needs. Impact: Currently, there are significant information gaps from RO processing from booking in the jail, Complaint Room, first court appearance. Lags in reporting from one stage of the criminal justice system to the next result in incomplete and inaccurate knowledge by agencies throughout the process from arrest, through arraignment, pre-trial activity and the trial itself.

7 Current 2019 AROC Recommendations

o Establish a pilot program of enhanced electronic monitoring of the most severe repeat offenders. This will include: - Waiver of 4th amendment rights, so that probationers can be searched at any time by a police officer - Imposition of a curfew (10 pm) - Possibility of banishment – prohibition of the probationer from presence in a specified locale (usually the scene of past criminal activity) - Intense electronic monitoring by APD, as opposed to a third-party company.

Impact: Mandating severe restricts and more electronic monitoring of the most egregious ROs will assist the Department of Corrections in managing, tracking ROs on probation. This will also assist APD in identifying location of felons who are on probation.

o DA will designate all Repeat Offender cases in the Odyssey system, so all such cases are readily identifiable in Case Manager. Impact: RO Working Group will track and report recidivism, highlighting how often “less than confinement” sentences of ROs result in new violent or other crimes.

o Ensure timely updates by APD and Fulton County law enforcement within the three different Odyssey case management systems. Impact; Odyssey currently has three different case management systems, requiring timely and simultaneous updates to each to ensure accurate RO identification.

o Assist GBI in applying for federal grants from NCHIP to fund technology and training to capture timely and accurate RO criminal history information. Impact: Fulton County ranks last in Georgia with open dispositions from GBI on criminal histories which leads to mismanagement and inadequate sentencing. Capturing this information in a timely basis will provide judges with complete criminal histories of defendants.

8 2017 & 2018 Combined Adjudicated Repeat Offender Cases

Not Guilty Other 0% 13% Confinement 23%

Suspended 5%

Probation 22% Time Served 37%

 OTHER (Includes: Nolle-Pros, Dead Docket, and Dismissal cases) 9 REPEAT OFFENDER ARREST CHARGES BY YEAR

2017 Data 2018 Data

Robbery Sex-Related Assault Robbery Rape Assault Battery 5% 0% 13% 2% 0% 6% Other 1% 14% Other Battery Burglary 18% 1% 4% Burglary 5%

Larceny 19%

Larceny 17%

Homicide 0% Drug-Related Homicide Drug-Related 54% 1% 40%

 OTHER (i.e., criminal damage; possession of a firearm by a felon; possession of a knife/firearm during the commission of a felony)  DRUG-RELATED (i.e., felony possession; possession with intent to distribute; sale and/or trafficking) 10 * The observation window for 2017 included an additional year. 2017 REPEAT OFFENDER COURT DATA 1,065 RO Cases Identified 818 Cases Adjudicated 818 RO Adjudications

818 RO Adjudications

Other 12% Confinement 96 23% Suspended 6% 48 Other Suspended Time Served 303 Probation Confinement 179

Probation 192 Time Served 22% 37%

 Other includes: Nolle-Pros, Dead Docket, and Dismissal cases  23% of repeat offenders adjudicated were sentenced to confinement.  Time Served was the sentencing given most with this data set 11 2018 REPEAT OFFENDER COURT DATA 903 RO Court Cases Identified 470 Adjudicated Cases 470 Cases Adjudicated

Not Guilty Other 0% 15% Confinement 1 23%

Suspended 71 4% Not Guilty Other 17 Suspended Time Served 175 Probation Confinement 98

Probation 108 21%

Time Served 37%

 Other includes: Nolle-Pros, Dead Docket, and Dismissal cases  23% of adjudicated repeat offender cases were sentenced to confinement.  Time Served was the sentencing given most with this data set 12 2017 RO ADJUDICATED CASES BY CHARGE

818 RO Cases By Charge 818 RO Case By Charge Homicide Sex-Related 0% Assault 0% 12% Homicide Battery 3 1% Sex-Related 1

Burglary Drug- 356 4% Related Robbery Drug-Related 39 44% Larceny Other 147 16% Larceny 132

Burglary 35

Battery 4

Assault 101 Other Robbery 18% 5%

 This graph compares 2017 Repeat Offender cases by incident type.  Top adjudicated charge was DRUG-RELATED (i.e., felony possession; possession with intent to distribute; sale and/or trafficking), followed by OTHER (i.e., criminal damage; possession of a firearm by a felon; possession of a knife/firearm during the commission of a felony)  69% of adjudicated LARCENY cases were auto-related (i.e., entering an auto; theft by receiving/taking) 13 2018 ADJUDICATED CASES BY CHARGE*

470 RO Cases 470 RO Cases Rape Assault 0% 6% Battery 1%

Burglary 1 2%

271 Larceny Rape 20% Drug-Related 6 Robbery Other 57 Larceny Drug-Related 92 58% Burglary Battery 12 Other Assault 12% 3

Robbery 28 1%

* Excludes Drug Court Cases  This graph compares 2018 Repeat Offender Court cases by incident type (includes all adjudicated felony cases).  Top adjudicated charge was DRUG-RELATED (i.e., felony possession; possession with intent to distribute; sale and/or trafficking), followed by LARCENY.  OTHER (i.e., criminal damage; possession of a firearm by a felon; possession of a knife/firearm in the commission 14 of a felony) 2017 & 2018 Combined Adjudicated Repeat Offender Cases – Gun-Related

Repeat Offender Cases Gun-Related 22%

Repeat Offender Cases 78%

This graph reflects the percentage of adjudicated repeat offender cases for 2017 and 2018 that included gun-related 15 charges. (i.e., possession of a firearm by a felon; possession of a knife/firearm in the commission of a felony) REPEAT OFFENDER DETAILED REPORT

RO Cases by Sentencing & Sentence Length RO Adjudicated Cases by Zone Multiple Case Repeat Offenders Complex v. Non-Complex

16 Number of Cases Sentenced to CONFINEMENT SENTENCING Confinement

56 Drug-Related 36 Other 31 Assault Larceny 30 2017 Cases Burglary 17 Robbery 16 Homicide 3 Battery Sex-Related 2

46 Drug-Related 31 Larceny 14 2018 Other 11 Cases Assault 3 Robbery 2 Burglary 1 Rape

17 Number of Cases Sentenced to TIME SERVED SENTENCING Time Served

134

Drug-Related 63 Larceny 44 Other 2017 38 Assault Cases Burglary 14 Robbery 9 Battery 1

0 50 100 150

97 Drug-Related 37 2018 Larceny 22 Cases Other Assault 11

Burglary 4

Battery 2

Robbery 2

18 Number of Cases PROBATION SENTENCING Sentenced to Probation

98 Drug-Related

37 Other

23 Larceny

Assault 13 2017 Cases

Robbery 4

Burglary 3

Battery 1

64 Drug-Related 15 Other 2018 14 Larceny Cases Assault 3

Burglary 2

19 Number of Cases given SUSPENDED SENTENCING a Suspended Sentence

30 Drug-Related

Other 8

Assault 6 2017 Cases

Larceny 2 Robbery

11 Drug-Related 2 Larceny

2 2018 Other Cases Battery 1

Burglary 1

20 NUMBER OF 2018 ADJUDICATED RO CASES BY ZONE

300 276

250

200 169 165 150 127

98 100 66

2 0 Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Airport

21 2017 MULTIPLE CASE REPEAT OFFENDERS

80 70 70 60 50 Number of Court 40 Cases 30 18 20 12 9 10 6 5 1 0 • There were 67 multiple case repeat Assault Battery Burglary Drug-Related Homicide Larceny Other Robbery offenders* in 2017. • These repeat offenders had a total RRO Adjudications 143 APD cases and 121 court 50 cases. 45 45 40 35 30 25 25 20 14 Breakdown by Outcome 15 9 10 10 6 5 0

Confinement Probation Time Served Suspended Other Active 22 * Multiple Case Repeat Offenders are defined as individuals who have multiple APD arrest cases in 2017. 2018 MULTIPLE CASE REPEAT OFFENDERS 100 89 90 80 70 Number of Court Cases 60 50 43 40 30 20 16 12 9 10 3 1 0 • There were 86 unique multiple case Assault Burglary Drug-Related Larceny Other Robbery Sex repeat offenders* in 2018. • These repeat offenders had a total 60 57 192 APD arrest cases and 173 50 court cases.

40 34 33 30

20 13 9 Breakdown by Outcome 10 4 1 0 Confinement Probation Time Served Suspended Other Active Not Guilty 23 * Multiple Case Repeat Offenders are individuals who have multiple APD arrest cases in 2018. 2017 ADJUDICATED CASES BY COURT COMPLEX VS NON-COMPLEX

Other Other 12% 12%

Confinement Confinement Suspended 17% Suspended 25% 4% 6%

Time Served Probation Probation 34% 33% Time Served 20% 37%

685 Cases 133 Cases

These graphs compare the adjudications of Complex and Non-Complex Courts. 24 2017 COMPLEX ADJUDICATED CASES BY CHARGE

140 685 Cases 126 120

100 88

60 50

38 38 40 35 31 31 29 28 21 20 17 16 16 13 13 14 15 11 9 6 7 6 8 3 4 3 2 1 1 0 0 0 1 1 2 1 0 0 0 0 0 0 0 0 0 Assault Battery Burglary Larceny Other Robbery Drug-Related Sex Homicide Confinement 31 2 17 21 29 16 50 1 3 Probation 13 1 3 11 15 4 88 0 0 Time Served 38 1 14 38 31 9 126 0 0 Suspended 6 0 0 1 6 2 28 0 0 Other 13 0 1 7 16 8 35 0 0

25 2017 NON-COMPLEX ADJUDICATED CASES BY CHARGE

133 RO Cases 30

25 24 22

15 13 12 10 10 9 8 7 7 6 6 5 3 2 2 1 0 Larceny Other Drug-Related Confinement 9 7 6 Probation 12 22 10 Time Served 24 13 8 Suspended 1 2 2 Other 7 6 3

26 2018 ADJUDICATED CASES BY COURT COMPLEX VS NON-COMPLEX

Not Guilty Other 0% 14% Other Confinement Confinement 22% 23% 23%

Suspended 4%

Suspended 0%

Probation Time Served 20% 23%

Time Served Probation 39% 32%

410 Cases 60 Cases

 These graphs compare the case status of Complex and Non-Complex Courts.  There has been an improvement in RO cases being assigned to Complex Court as was previously requested by the 27 Commission. 2018 COMPLEX COURT CASES BY CHARGE

410 Cases 100

0 Assault Battery Burglary Drug-Related Homicide Larceny Other Robbery Sex-Related Confinement 11 0 2 35 0 30 12 3 1 Probation 3 0 2 51 0 13 10 0 0 Time Served 11 2 4 90 0 34 18 2 0 Suspended 0 1 1 11 0 2 2 0 0 Other 3 0 3 43 0 5 3 1 0 Not Guilty 0 0 0 0 0 1 0 0 0

Confinement Probation Time Served Suspended Other Not Guilty

28 2018 NON-COMPLEX COURT CASES BY CHARGE 60 Cases 14

0 Assault Drug-Related Larceny Other Confinement 0 11 1 2 Probation 0 13 1 5 Time Served 0 7 3 4 Suspended 0 0 0 0 Other 0 10 2 1

Confinement Probation Time Served Suspended Other

29 REVIEW OF THE REPEAT OFFENDER JUDGES

List of Repeat Offender Judges 2017 & 2018 Judges’ Summary - At –a – Glance Detailed Reports by Judge

30 JUDGES of Repeat Offender Cases Judges Presiding Over RO Cases in 2017 and 2018.

Judge Kimberly M. E. Adams† Judge Rachel Krause Rotating Magistrate Judges Judge Jane Barwick Judge Shawn Ellen LaGrua† Judge Lillian N. Caudle Judge Tom Campbell† Judge Todd Markle† Judge Jeffrey W. Frazier Judge Thomas A. Cox, Jr.† Judge Robert C. I. McBurney† Judge Richard Hicks Judge Alford J. Dempsey, Jr.† Judge Shukura I. Millender Judge Melynee Leftridge Judge Doris L. Downs† Judge Henry M. Newkirk† Judge Karen Woodson Judge Eric Dunaway† Judge Emily Richardson Judge, Non-Complex Judge Kelly Lee Ellerbe† Judge Rebecca Rieder Judgfe Kevin Farmer Judge Constance C. Russell† Specialty Court Judges† Judge Ural Glanville Judge Craig Schwall† Judge John J. Goger† Judge Gail Tusan† Judge Paige R. Whitaker †Judges who use diversion/transition programs. 2017 SUMMARY: JUDGES RO ADJUDICATION

Adjudication of Repeat Offenders Total 2017 Total RO Active / Released-Time % of Judges RO Cases Adjudicated Assigned Confinement Probation Served Suspended Other Confinement Ural Glanville 1 1 0 1 0 0 0 0 100% Robert C.I. McBurney 24 23 1 11 4 7 0 1 48% Kimberly M. E. Adams 49 44 5 19 6 16 1 2 43% Shawn Ellen LaGrua 62 55 7 21 12 15 0 7 38% Shukura Millender 16 8 8 3 3 1 0 1 38% Henry M. Newkirk 57 49 8 18 6 17 3 5 37% Thomas A. Cox, Jr. 43 36 7 12 5 14 2 3 33% Jeffrey W. Frazier* 3 3 0 1 0 1 0 1 33% Eric Dunaway 47 41 6 13 5 15 3 5 32% Gail Tusan 21 21 0 6 4 10 0 1 29% Todd Markle 40 39 1 11 11 11 2 4 28% Jane Barwick 20 12 8 3 1 4 0 4 25% Rotating Magistrates/Non- Complex Judges* 39 31 8 7 8 11 3 2 23% Constance C. Russell 46 42 4 9 2 19 8 4 21% Alford J. Dempsey, Jr. 29 25 4 5 2 13 5 0 20% Richard Hicks* 32 31 1 6 14 4 1 6 19% Kevin Farmer 18 6 12 1 1 2 0 2 17% Tom Campbell 46 45 1 7 10 18 4 6 16% Doris Downs 61 60 1 9 18 20 7 6 15% John J. Goger 47 47 0 7 8 22 1 9 15% Melynee Leftridge* 7 7 0 1 4 1 0 1 14% Paige R. Whitaker 42 38 4 5 12 14 3 4 13% Kelly Lee Ellerbe 56 54 2 7 15 17 3 12 13% Karen Woodson* 49 46 3 5 14 25 0 2 11% Craig L. Schwall 48 42 6 4 12 18 2 6 10% Lillian N. Caudle * 1 1 0 0 0 0 0 1 0% Rachel Krause 10 1 9 0 1 0 0 0 0% Emily Richardson 7 0 7 0 0 0 0 0 0% Rebecca Rieder 3 1 2 0 0 0 0 1 0% Specialty Court Judges 10 9 1 0 1 8 0 0 0% Overall Total 934 818 116 192 179 303 48 96 23% 32 This table presents a ‘snap shot’ view of the total repeat offender adjudicated cases and dispositions given by the judges in 2017 listed in highest percentage total of “confinement” sentencing. *Magistrate Judge 2018 SUMMARY: JUDGES RO ADJUDICATION

Adjudication of Repeat Offenders Total 2018 Total RO Active / Released-Time % of Judges RO Cases Adjudicated Assigned Confinement Probation Served Suspended Other Confinement Kimberly M. E. Adams 52 37 15 17 3 5 4 8* 46% Thomas A. Cox, Jr. 53 24 29 10 4 9 0 1 42% Henry M. Newkirk 57 37 20 15 3 14 0 5 41% Gail Tusan 48 26 22 10 9 6 0 1 38% Eric Dunaway 50 28 22 9 2 13 0 4 32% Shawn Ellen LaGrua 39 17 22 5 7 4 0 1 29% Craig L. Schwall 50 24 26 7 6 9 1 1 29% Rebecca Rieder 40 12 28 3 3 4 0 2 25% Rotating/Specialized Judges** 77 47 30 8 15 11 0 13 17% Constance C. Russell 49 37 12 6 0 17 7 7 16% Doris Downs 20 19 1 3 3 10 1 2 16% Kevin Farmer 35 13 22 2 4 2 1 4 15% Todd Markle 14 14 0 2 5 2 1 4 14% Emily Richardson 23 7 16 1 2 3 0 1 14% Jane Barwick 42 15 27 2 7 5 0 1 13% Shukura Millender 33 16 17 2 4 7 1 2 13% Tom Campbell 26 26 0 3 5 17 0 1 12% Kelly Lee Ellerbe 52 43 9 3 7 21 0 12 7% Alford J. Dempsey, Jr. 5 5 0 0 2 2 1 0 0% Drug Court Judges 12 12 0 0 2 10 0 0 0% John J. Goger 15 15 0 0 4 10 0 1 0% Richard Hicks** 1 1 0 0 1 0 0 0 0% Rachel Krause 38 5 33 0 1 3 0 1 0% Melynee Leftridge** 1 1 0 0 1 0 0 0 0% Paige R. Whitaker 1 1 0 0 0 1 0 0 0% Overall Total 833 482 351*** 108 100 185 17 72 17%

*1 Jury Verdict - Not Guilty - inluded in OTHER ** Magistrate Judge ***Excludes (26) CP Active cases This table presents a ‘snap shot’ view of the total repeat offender adjudicated cases and dispositions given 33 by the judges in 2018 including a percentage total of “confinement” sentencing. COMBINED SUMMARY: JUDGES RO ADJUDICATION

2017 & 2018 Combined Judges' RO Scorecard RO Adjudication Outcomes Total No. of Total RO Active / Released - % of Judge RO Cases Adjudicated Assigned Confinement Probation Time Served Suspended Other Confinement Robert C. I. McBurney 24 23 1 11 4 7 0 1 48% Kimberly M. E. Adams 101 81 20 36 9 21 5 10* 44% Henry M. Newkirk 114 86 28 33 9 31 3 10 38% Thomas A. Cox, Jr. 96 60 36 22 9 23 2 4 37% Shawn Ellen LaGrua 101 72 29 26 19 19 0 8 36% Gail Tusan 69 47 22 16 13 16 0 2 34% Eric Dunaway 97 69 28 22 7 28 3 9 32% Todd Markle 54 53 1 13 16 13 3 8 25% Rebecca Rieder 43 13 30 3 3 4 0 3 23% Shukura Millender 49 24 25 5 7 8 1 3 21% Constance C. Russell 95 79 16 15 2 36 15 11 19% Richard Hicks** 33 32 1 6 15 4 1 6 19% Jane Barwick 62 27 35 5 8 9 0 5 19% Rotating Magistrates / Specialized Judges** 126 87 39 15 24 30 3 15 17% Alford J. Dempsey, Jr. 34 30 4 5 4 15 6 0 17% Craig L. Schwall 98 66 32 11 18 27 3 7 17% Kevin Farmer 53 19 34 3 5 4 1 6 16% Doris Downs 81 79 2 12 21 30 8 8 15% Tom Campbell 72 71 1 10 15 35 4 7 14% Paige R. Whitaker 43 39 4 5 12 15 3 4 13% John J. Goger 62 62 0 7 12 32 1 10 11% Karen Woodson** 49 46 3 5 14 25 0 2 11% Kelly Lee Ellerbe 108 97 11 10 22 38 3 24 10%

Melynee Leftridge** 8 8 0 1 5 1 0 1 13% Emily Richardson 30 7 23 1 2 3 0 1 14% Rachel Krause 48 6 42 0 2 3 0 1 0% Jeffrey W. Frazier** 3 3 0 1 0 1 0 1 33% Lillian N. Caudle** 1 1 0 0 0 0 0 1 0% Ural Glanville 1 1 0 1 0 0 0 0 100% Drug Court Judges 12 12 0 0 2 10 0 0 NA Overall Total 1755 1288 467 300 277 478 65 168 23% *Jury Verdict - Not Guilty - Included in OTHER **Magistrate Judge

34 This table presents a ‘snap shot’ view of the total repeat offender adjudicated cases and dispositions given by the judges in 2017 AND 2018 including a percentage total of “confinement” sentencing. JUDGE KIMBERLY M. ESMOND ADAMS 52 RO Cases Total  17 Sentenced to Confinement 37 Adjudicated Cases  3 Sentenced to Probation  5 Released with Time Served  4 Suspended Other 20%  7 Other  Includes: Nolle Pros, Dead Docket, Judicial Hold and Dismissed cases  1 Not Guilty (excluded from Chart) Confinement  15 Active (excluded from Chart) Suspended 47% 11%

Time Served 47% of adjudicated repeat 14% offender cases heard by Judge Probation 8% Adams were sentenced to confinement.

2017 – Judge Adams adjudicated 44 RO cases; 43% sentenced to confinement. 35 JUDGE KIMBERLY M. ESMOND ADAMS 37 Adjudicated RO Cases 7

0 Assault Battery Larceny Other Drugs Rape Confinement 2 0 5 3 6 1 Probation 0 0 1 1 1 0 Time Served 1 1 1 0 2 0 Suspended 0 0 0 1 3 0 Other 1 0 3 1 3 0

36 JUDGE JANE BARWICK

42 RO Cases Total 15 Adjudicated Cases  2 Sentenced to Confinement  Other 7 Sentenced to Probation 7%  5 Released with Time Served Confinement 13%  0 Suspended  1 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases Time Served 33%  27 Active (excluded from Chart)

Probation 13% of adjudicated repeat 47% offender cases heard by Judge Barwick were sentenced to confinement.

2017 – Judge Barwick adjudicated 12 RO cases; 25% sentenced to confinement 37 JUDGE JANE BARWICK 15 Adjudicated RO Cases 3.5

2.5

1.5

0.5

0 Assault Larceny Other Drugs Confinement 0 0 0 2 Probation 2 1 1 3 Time Served 0 1 1 3 Suspended 0 0 0 0 Other 0 0 0 1

38 JUDGE TOM CAMPBELL 26 RO Cases Total  3 Sentenced to Confinement 26 Adjudicated Cases  5 Sentenced to Probation Other  4% 17 Released with Time Served Confinement  0 Suspended 12%  1 Other Probation  Includes: Nolle Pros, Dead Docket, and Dismissal 19% cases

Time Served 12% of adjudicated repeat 65% offender cases heard by Judge Campbell were sentenced to confinement.

2017 – Judge Campbell adjudicated 45 RO cases; 16% sentenced to confinement. 39 JUDGE TOM CAMPBELL 26 Adjudicated RO Cases 12

0 Assault Burglary Larceny Other Robbery Drugs Confinement 0 0 0 0 0 3 Probation 0 0 3 1 0 1 Time Served 1 1 2 1 1 11 Suspended 0 0 0 0 0 0 Other 0 0 0 0 1 0

40 JUDGE THOMAS A. COX JR.

53 RO Cases Total 24 Adjudicated Cases

 10 Sentenced to Confinement Other 4%  4 Sentenced to Probation  9 Released with Time Served  0 Suspended Confinement  1 Other Time Served 42% 37%  Includes; Nolle Pros, Dead Docket, and Dismissal cases

 29 Active (excluded from Chart)

Probation 42% of adjudicated repeat 17% offender cases heard by Judge Cox were sentenced to confinement. 2017 – Judge Cox adjudicated 36 RO cases; 33% sentenced to confinement. 41 JUDGE THOMAS A. COX JR. 24 Adjudicated RO Cases 6

0 Assault Larceny Other Robbery Drugs Confinement 1 5 0 0 4 Probation 0 0 0 0 4 Time Served 2 2 2 1 2 Suspended 0 0 0 0 0 Other 0 0 0 0 1

42 JUDGE ALFORD J. DEMPSEY, JR. 5 RO Cases Total 5 Adjudicated Cases  0 Sentenced to Confinement  2 Sentenced to Probation

 2 Released with Time Served Suspended 20%  1 Suspended Probation  0 Other 40%  Includes; Nolle Pros, Dead Docket, and Dismissal cases

Time Served 0% of adjudicated repeat 40% offender cases heard by Judge Dempsey were sentenced to confinement.

2017 – Judge Dempsey adjudicated 25 RO cases; 20% sentenced to confinement. 43 JUDGE ALFORD J. DEMPSEY, JR. 5 Adjudicated RO Cases 2.5

1.5

0.5

0 Battery Larceny Drugs Confinement 0 0 0 Probation 0 1 1 Time Served 0 0 2 Suspended 1 0 0 Other 0 0 0

44 JUDGE DORIS L. DOWNS

20 RO Cases Total 19 Adjudicated Cases  3 Sentenced to Confinement

 3 Sentenced to Probation Other 10%  10 Released with Time Served Confinement 16% Suspended  1 Suspended 5%  2 Other  Includes: Nolle Pros, Dead Docket, and Dismissed Probation cases 16%  1 Active (excluded from Chart)

16% of adjudicated repeat offender Time Served cases heard by Judge Downs were 53% sentenced to confinement.

2017 – Judge Downs adjudicated 60 RO cases; 15% sentenced to confinement. 45 JUDGE DORIS L. DOWNS 19 Adjudicated RO Cases 4.5

3.5

2.5

1.5

0.5

0 Assault Burglary Larceny Other Drugs Confinement 0 2 0 0 1 Probation 0 0 0 1 2 Time Served 0 0 4 4 2 Suspended 0 0 0 0 1 Other 1 0 0 0 1

46 JUDGE ERIC DUNAWAY

50 RO Cases Total 28 Adjudicated Cases  9 Sentenced to Confinement  Other 2 Sentenced to Probation 14%  13 Released with Time Served  0 Suspended Confinement 32%  4 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases  22 Active (excluded from Chart)

Probation 32% of adjudicated repeat Time Served 7% offender cases heard by Judge 47% Dunaway were sentenced to confinement.

2017 – Judge Dunaway adjudicated 41 RO cases; 32% sentenced to confinement. 47 JUDGE ERIC DUNAWAY 28 Adjudicated RO Cases 14

0 Assault Burglary Larceny Other Drugs Confinement 2 0 3 1 3 Probation 0 0 0 1 1 Time Served 0 0 0 1 12 Suspended 0 0 0 0 0 Other 1 1 1 0 1

48 JUDGE KELLY LEE ELLERBE

52 RO Cases Total 43 Adjudicated Cases  3 Sentenced to Confinement Confinement  7 Sentenced to Probation 7%  21 Released with Time Served Other 28% Probation  0 Suspended 16%  12 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases

 9 Active (excluded from Chart)

7% of adjudicated repeat offender Time Served cases heard by Judge Ellerbe were 49% sentenced to confinement.

2017 – Judge Ellerbe adjudicated 54 RO cases; 13% sentenced to confinement. 49 JUDGE KELLY LEE ELLERBE 43 Adjudicated RO Cases 12

0 Assault Burglary Larceny Other Drugs Confinement 1 0 1 0 1 Probation 0 0 2 2 3 Time Served 2 1 5 2 11 Suspended 0 0 0 0 0 Other 0 0 0 1 11

50 JUDGE KEVIN FARMER

35 RO Cases Total 13 Adjudicated Cases  2 Sentenced to Confinement  4 Sentenced to Probation  2 Released with Time Served Confinement Other 15%  1 Suspended 31%  4 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases  22 Active (excluded from Chart) Probation 31% Suspended 8% 15% of adjudicated repeat Time Served offender cases heard by Judge 15% Farmer were sentenced to confinement.

2017 – Judge Farmer adjudicated 6 RO cases; 17% sentenced to confinement. 51 JUDGE KEVIN FARMER 13 Adjudicated RO Cases 4.5

3.5

2.5

1.5

0.5

0 Larceny Other Drugs Confinement 1 0 1 Probation 1 0 3 Time Served 1 1 0 Suspended 0 0 1 Other 0 0 4

52 JUDGE JOHN J. GOGER

15 RO Cases Total 15 Adjudicated Cases  0 Sentenced to Confinement  Other 4 Sentenced to Probation 6% Probation  10 Released with Time Served 27%  0 Suspended  1 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases

Time Served 0% of adjudicated repeat offender 67% cases heard by Judge Goger were sentenced to confinement.

2017 – Judge Goger adjudicated 47 RO cases; 15% sentenced to confinement. 53 JUDGE JOHN J. GOGER 15 Adjudicated RO Cases 7

0 Battery Burglary Larceny Drugs Confinement 0 0 0 0 Probation 0 0 0 4 Time Served 1 0 6 3 Suspended 0 0 0 0 Other 0 1 0 0

54 JUDGE RICHARD HICKS*

1 RO Case Total 1 Adjudicated Case  0 Sentenced to Confinement  1 Sentenced to Probation  0 Suspended  0 Released with Time Served  0 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases

0% of adjudicated repeat offender Probation cases heard by Judge Hicks were 100% sentenced to confinement.

2017 – Judge Hicks adjudicated 31 RO cases; 19% sentenced to confinement . *Magistrate Judge 55 JUDGE RICHARD HICKS* 1 Adjudicated RO Case 1.2

0.8

0.6

0.4

0.2

0 Drugs Confinement 0 Probation 1 Time Served 0 Suspended 0 Other 0

*Magistrate Judge 56 JUDGE RACHEL KRAUSE

38 RO Cases Total 5 Adjudicated Cases  0 Sentenced to Confinement  1 Sentenced to Probation Other Probation  3 Released with Time Served 20% 20%  0 Suspended  1 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases  33 Active (excluded from Chart)

0% of adjudicated repeat Time Served offender cases heard by Judge 60% Krause were sentenced to confinement.

2017 – Judge Krause adjudicated 1 RO cases; 0% sentenced to confinement . 57 JUDGE RACHEL KRAUSE 5 Adjudicated RO Cases 1.2

0.8

0.6

0.4

0.2

0 Larceny Other Drugs Confinement 0 0 0 Probation 0 0 1 Time Served 1 1 1 Suspended 0 0 0 Other 0 0 1

58 JUDGE SHAWN ELLEN LAGRUA

39 RO Cases Total 17 Adjudicated Cases  5 Sentenced to Confinement Other  7 Sentenced to Probation 6%  4 Released with Time Served  Confinement 0 Suspended Time Served 29%  1 Other 24%  Includes: Nolle Pros, Dead Docket, and Dismissed cases  22 Active (excluded from Chart)

29% of adjudicated repeat offender Probation cases heard by Judge LaGrua were 41% sentenced to confinement.

2017 – Judge LaGrua adjudicated 55 RO cases; 38% sentenced to confinement. 59 JUDGE SHAWN ELLEN LAGRUA 17 Adjudicated RO Cases 6

0 Assault Larceny Other Drugs Confinement 1 1 2 1 Probation 0 2 0 5 Time Served 0 1 1 2 Suspended 0 0 0 0 Other 0 0 0 1

60 JUDGE MELYNEE LEFTRIDGE*

1 RO Case Total 1 Adjudicated Case  0 Sentenced to Confinement  1 Sentenced to Probation  0 Released with Time Served  0 Suspended  0 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases

0% of adjudicated repeat Probation offender cases heard by Judge 100% Leftridge were sentenced to confinement.

2017 – Judge LaGrua adjudicated 7 RO cases; 14% sentenced to confinement. *Magistrate Judge 61 JUDGE MELYNEE LEFTRIDGE* 1 Adjudicated RO Case 1.2

0.8

0.6

0.4

0.2

0 Larceny Confinement 0 Probation 1 Time Served 0 Suspended 0 Other 0

*Magistrate Judge 62 JUDGE TODD MARKLE 14 RO Cases Total 14 Adjudicated Cases  2 Sentenced to Confinement

 5 Sentenced to Probation Confinement 14% Other  2 Released with Time Served 29%  1 Suspended  4 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases Suspended Probation 7% 36%

Time Served 14% of adjudicated repeat offender 14% cases heard by Judge Markle were sentenced to confinement.

2017 – Judge LaGrua adjudicated 39 RO cases; 28% sentenced to confinement. 63 JUDGE TODD MARKLE 14 Adjudicated RO Cases 3.5

2.5

1.5

0.5

0 Larceny Other Drugs Confinement 1 0 1 Probation 0 2 3 Time Served 0 1 1 Suspended 0 0 1 Other 0 1 3

64 JUDGE SHUKURA MILLENDER

33 RO Cases Total 16 Adjudicated Cases  2 Sentenced to Confinement Other  4 Sentenced to Probation 13% Confinement  7 Released with Time Served 12% Suspended  1 Suspended 6%  2 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases Probation 25%  17 Active (excluded from Chart)

12% of adjudicated repeat Time Served offender cases heard by Judge 44% Millender were sentenced to confinement.

2017 – Judge Millender adjudicated 8 RO cases; 38% sentenced to confinement. 65 JUDGE SHUKURA MILLENDER 16 Adjudicated RO Cases 3.5

2.5

1.5

0.5

0 Assault Burglary Larceny Other Drugs Confinement 0 0 0 0 2 Probation 0 2 0 0 2 Time Served 1 0 2 1 3 Suspended 0 0 0 0 1 Other 0 0 1 0 1

66 JUDGE HENRY M. NEWKIRK 57 RO Cases Total 37 Adjudicated Cases  15 Sentenced to Confinement Other  3 Sentenced to Probation 13%  14 Released with Time Served  0 Suspended Confinement  5 Other 41%  Includes: Nolle Pros, Dead Docket, and Dismissed cases  20 Active (excluded from chart) Time Served 38%

Probation 41% of adjudicated repeat offender 8% cases heard by Judge Newkirk were sentenced to confinement.

2017 – Judge Newkirk adjudicated 49 RO cases; 37% sentenced to confinement. 67 JUDGE HENRY M. NEWKIRK 37 Adjudicated RO Cases 14

0 Assault Larceny Other Robbery Drugs Confinement 1 5 3 1 5 Probation 1 0 0 0 2 Time Served 1 0 1 0 12 Suspended 0 0 0 0 0 Other 0 0 0 0 5

68 JUDGE EMILY RICHARDSON

23 RO Cases Total 7 Adjudicated Cases  1 Sentenced to Confinement

 2 Sentenced to Probation Other 14%  Confinement 3 Released with Time Served 14%  0 Suspended  1 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases  16 Active (excluded from chart) Probation 29%

Time Served 14% of adjudicated repeat 43% offender cases heard by Judge Richardson were sentenced to confinement.

2017 – Judge Richardson has no adjudication data available. 69 JUDGE EMILY RICHARDSON 7 Adjudicated RO Cases 2.5

1.5

0.5

0 Burglary Larceny Other Drugs Confinement 0 0 1 0 Probation 0 0 0 2 Time Served 1 1 0 1 Suspended 0 0 0 0 Other 0 0 0 1

70 JUDGE REBECCA RIEDER

12 Adjudicated Cases 40 RO Cases Total  3 Sentenced to Confinement Other  3 Sentenced to Probation 17%  4 Released with Time Served Confinement  0 Suspended 25%  2 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases  28 Active (excluded from chart) Time Served 33% Probation 25% of adjudicated repeat 25% offender cases heard by Judge Rieder were sentenced to confinement.

2017- Judge Rieder adjudicated 1 RO case; 0% sentenced to confinement. 71 JUDGE REBECCA RIEDER 12 Adjudicated RO Cases 3.5

2.5

1.5

0.5

0 Larceny Other Drugs Confinement 1 0 2 Probation 0 0 3 Time Served 0 1 3 Suspended 0 0 0 Other 0 1 1

72 JUDGE CONSTANCE C. RUSSELL

49 RO Cases Total 37 Adjudicated Cases  6 Sentenced to Confinement  0 Sentenced to Probation Other  17 Released with Time Served 19% Confinement 16%  7 Suspended  7 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases  12 Active (excluded from Chart) Suspended 19%

Time Served 16% of adjudicated repeat 46% offender cases heard by Judge Russell were sentenced to confinement.

2017 – Judge Russell adjudicated 42 RO cases; 21% sentenced to confinement. 73 JUDGE CONSTANCE C. RUSSELL 37 Adjudicated RO Cases 14

0 Assault Burglary Larceny Other Drugs Confinement 1 0 4 1 0 Probation 0 0 0 0 0 Time Served 0 0 3 1 13 Suspended 0 1 2 0 4 Other 0 1 1 0 5

74 JUDGE CRAIG SCHWALL 24 Adjudicated Cases 50 RO Cases Total  7 Sentenced to Confinement Other Suspended 4%  6 Sentenced to Probation 4%

 9 Released with Time Served Confinement 29%  1 Suspended  1 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases Time Served 38%  26 Active (excluded from Chart)

Probation 29% of adjudicated repeat 25% offender cases heard by Judge Schwall were sentenced to confinement.

2017 – Judge Schwall adjudicated 42 RO cases; 10% sentenced to confinement. 75 JUDGE CRAIG SCHWALL 24 Adjudicated RO Cases 6

0 Assault Larceny Other Robbery Drugs Confinement 0 1 0 2 4 Probation 0 1 0 0 5 Time Served 2 3 0 0 4 Suspended 0 0 1 0 0 Other 0 0 0 0 1

76 JUDGE GAIL TUSAN

48 RO Cases Total 26 Adjudicated Cases

 10 Sentenced to Confinement Other 4%  9 Sentenced to Probation  6 Released with Time Served Time Served  0 Suspended 23% Confinement  1 Other 38%  Includes: Nolle Pros, Dead Docket, and Dismissed cases  22 Active (excluded from Chart)

38% of adjudicated repeat Probation offender cases heard by Judge 35% Tusan were sentenced to confinement.

2017 – Judge Tusan adjudicated 21 RO cases; 29% sentenced to confinement. 77 JUDGE GAIL TUSAN 26 Adjudicated RO Cases 8

0 Assault Burglary Larceny Other Drugs Confinement 2 0 3 2 3 Probation 0 0 1 1 7 Time Served 1 1 1 0 3 Suspended 0 0 0 0 0 Other 0 0 0 0 1

78 JUDGE PAIGE REESE WHITAKER

1 RO Case Total 1 Adjudicated Case  0 Sentenced to Confinement  0 Sentenced to Probation  0 Released with Time Served  1 Suspended  0 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases

Time Served 100% 0% of adjudicated repeat offender cases heard by Judge Whitaker were sentenced to confinement.

2017 – Judge Whitaker adjudicated 38 RO cases; 13% sentenced to confinement. 79 JUDGE PAIGE REESE WHITAKER

1 Adjudicated RO Case 1.2

0.8

0.6

0.4

0.2

0 Drugs Confinement 0 Probation 0 Time Served 1 Suspended 0 Other 0

80 JUDGES, ROTATING MAGISTRATES

77 RO Cases Total 47 Adjudicated Cases  8 Sentenced to Confinement  15 Sentenced to Probation Confinement  Other 17% 11 Released with Time Served 28%  0 Suspended  13 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases

 (excluded from Chart) 30 Active Probation 32%

Time Served 17% of adjudicated repeat offender 23% cases heard by unidentified rotating Magistrate judges were sentenced to confinement.

2017 – These judges adjudicated 31 RO cases; 23% sentenced to confinement. 81 JUDGES, ROTATING MAGISTRATES 47 Adjudicated RO Cases 12

0 Larceny Other Drugs Confinement 0 1 7 Probation 0 5 10 Time Served 3 3 5 Suspended 0 0 0 Other 2 0 11

82 JUDGES, DRUG COURT 12 Adjudicated Cases 12 RO Cases Total  0 Sentenced to Confinement Probation  2 Sentenced to Probation 17%  10 Released with Time Served  0 Suspended  0 Other  Includes: Nolle Pros, Dead Docket, and Dismissed cases

Time Served 83% 0% of adjudicated repeat offender cases heard by Drug Court judges were sentenced to confinement.

2017 – Specialty court judges adjudicated 9 RO cases; 0% sentenced to confinement. 83 JUDGES, DRUG COURT 12 Adjudicated RO Cases 10

0 Burglary Drugs Confinement 0 0 Probation 1 1 Time Served 1 9 Suspended 0 0 Other 0 0

84 Atlanta Police Foundation Atlanta Crime Research Center 191 Peachtree Street, NE Atlanta, GA 30303

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