ATLANTA (AP) — The criminal case against a young woman from Mexico whose 2010 arrest for a traffic offense in suburban Atlanta nearly led to her deportation has been dismissed, according to a court document.
Colotl entered into an agreement with the Cobb County district attorney's office in August 2011 to participate in a pretrial diversion program. Staley initially signed off on Colotl's participation in that program but then backtracked after a media report quoted Cobb County Sheriff Neil Warren as calling the deal a "slap on the wrist" and something he hadn't agreed to.
Even after then-District Attorney Pat Head filed court documents advising the court he had no intention of prosecuting the case further, Staley declined to dismiss the case.
In her order, Staley said that both she and the sheriff do not believe the pretrial diversion program was appropriate in Colotl's case. But she said that Colotl did enter the program and had completed its requirements.
Warren said in a statement Thursday that it is unfortunate that Reynolds is bound by decisions made by his predecessor.
An order signed Wednesday by Cobb County Superior Court Judge Mary Staley grants a defense request to dismiss the case against Jessica Colotl.
"We're glad this odyssey is finally over," Colotl's lawyer Jerome Lee said.
After several legal twists and turns, Lee in October had accused Staley of playing politics with the case, saying the elected judge was refusing to dismiss it to pander to her conservative constituency.
Colotl, whose parents brought her to the U.S. illegally from Mexico when she was 11, was thrust into the national spotlight after she was stopped for a minor traffic violation in March 2010 and then arrested for driving without a license.
In February 2011, Colotl was indicted on a charge of false swearing after the Cobb County Sheriff's Office said she gave deputies false contact information during booking for her arrest.
Colotl entered into an agreement with the Cobb County district attorney's office in August 2011 to participate in a pretrial diversion program. Staley initially signed off on Colotl's participation in that program but then backtracked after a media report quoted Cobb County Sheriff Neil Warren as calling the deal a "slap on the wrist" and something he hadn't agreed to.
Even after then-District Attorney Pat Head filed court documents advising the court he had no intention of prosecuting the case further, Staley declined to dismiss the case.
In her order, Staley said that both she and the sheriff do not believe the pretrial diversion program was appropriate in Colotl's case. But she said that Colotl did enter the program and had completed its requirements.
Head did not seek re-election in November. Staley says in her order that Head's successor, Vic Reynolds, who took office Jan. 2, was not involved in the decision to allow Colotl to enter the pretrial diversion program, but that he believes the district attorney's office is legally and ethically bound by the agreement made with Colotl. Therefore, Reynolds does not oppose dismissing the case, Staley wrote.
Warren said in a statement Thursday that it is unfortunate that Reynolds is bound by decisions made by his predecessor.
"(A)s I have said before, it is my opinion that Ms. Colotl deserves no special consideration in the criminal justice process for decisions she made as an adult to violate the laws of this state," Warren said. "Affording her special treatment in this situation would send the wrong message to our youth and other members in our society."
Head said in a court filing in October in which he asked Staley to dismiss the case that the guidelines for the pretrial diversion program make clear that the district attorney can exercise discretion and noted that Colotl's acceptance into the program was not unusual for a person with no history of violence or aggression and a single misdemeanor conviction of driving without a license.
Lee applauded Staley for making what he speculated was a politically difficult choice.
"It's very difficult to do the right thing when you know your constituents won't be happy about it," he said. "I think this is a testament to her integrity and her willingness to do what is right."
After Colotl's traffic stop in 2010, the Cobb County Sheriff's Office turned her over to federal immigration authorities and she spent more than a month in a detention center in Alabama. Immigration authorities eventually released her, saying they would give her a year to finish her studies at Kennesaw State University.
She has since graduated and been granted extensions of that deferred action on her case and is in the process of applying for an Obama administration program that allows certain young illegal immigrants to avoid deportation for two years and apply for a work permit.
Statement on the decision by Cobb County Sheriff Neil Warren:
“As I have expressed previously, I was disappointed with former District Attorney Pat Head’s decision to defer criminal prosecution of Ms. Colotl and allow her to enter the Diversion Program.
Unfortunately, newly elected District Attorney Vic Reynolds has inherited this case from his predecessor and is bound by decisions made prior to his taking office.
I respect District Attorney Reynolds and look forward to working with him. I also appreciated the fact that he took the time to discuss with me his decision to dismiss this case prior to releasing it to the media.
However, as I have said before, it is my opinion that Ms. Colotl deserves no special consideration in the criminal justice process for decisions she made as an adult to violate the laws of this state. Affording her special treatment in this situation would send the wrong message to our youth and other members in our society.”
It is much easier to go after kids, especially young women rather than go after criminals and crooked politicians, not even mention law enforcement officers who distort the use of 287g, Safe Communities and the likes. You are not protecting our communities detaining students with no criminal records or mental illness issues.
ReplyDeleteMeanwhile those really in the business of harming people are walking our streets, schools, churches or work place with military machine guns. Go figure!