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one Georgia A judge on Tuesday dismissed racketeering charges against dozens of defendants accused of conspiring for years to block the construction of a police and firefighter training facility that critics have dubbed a “cop city.”
fulton county Judge Kevin Farmer said in the order republican Attorney General Chris Carr lacks the authority to prosecute in 2023 under Georgia’s Racketeer Influenced and Corrupt Organizations Act. Atlanta Constitution Magazine reports. Farmer said he would need permission from the governor. Brian Kemp.
Carr’s office said in a statement that they planned to appeal.
“We strongly disagree with this decision and will continue to vigorously pursue this domestic terrorism case to ensure justice is served,” his office said.
In what experts say is the largest criminal racketeering case against protesters in U.S. history, 61 defendants face charges including throwing Molotov cocktails at police and providing food to protesters. Each defendant faces up to 20 years in prison on the racketeering charges.
Five of the people were also charged with domestic terrorism and first-degree arson in connection with a night in 2023 when masked activists burned a police car in downtown Atlanta and threw rocks at a skyscraper at the Atlanta Police Foundation. Farmer said Carr also has no authority to pursue arson charges, but domestic terrorism charges are possible.
Amanda Clark Palmer, an attorney for one of the protesters, praised the judge’s decision, saying “prosecutors failed to follow the law in bringing these charges,” The Atlanta Journal-Constitution reported.
“We are relieved that the dismissal order has been made, but our relief is not yet complete as we await whether the Attorney General will appeal,” Clark Palmer said in a statement.
The long-running controversy over the training center came to a head in January 2023 when state police killed a 26-year-old activist named “Tortuguita” during a clearing of the forest in the south river, and authorities said the activist opened fire on them from a tent near the construction site. Prosecutors found the police officers’ actions “objectively reasonable.” Tortuguita’s family filed a lawsuit saying he had his hands in the air and that soldiers used excessive force when they initially fired pepper balls into the tent.
Protests have broken out, with masked vandals sometimes attacking police vehicles and construction equipment in an effort to delay projects and intimidate contractors into quitting. Opponents also took some civic avenues to block the facility, such as packing city council meetings and leading a massive referendum, only to find themselves stuck in the courts.
Carr, who is running for governor, has pursued the case. Kemp hailed it as an important step in combating “out-of-state radical elements who threaten the safety of our citizens and law enforcement.”
Critics said the indictment was a politically motivated, heavy-handed attempt to suppress the movement against the 85-acre (34-hectare) project, which ultimately cost more than $115 million.