Predictably, gang crime grows virulently apocalyptic two years after the pandemic was declared across the globe.
Two years ago, shamefully, a bipartisan group of metro Atlanta district attorneys locked arms in opposing stronger anti-gang legislation proposed by Gov. Brian Kemp.
2020’s House Bill 994, named after 11-year-old drive-by shooting victim Nicholas Sheffey, delivered a bombshell series of enhancements, yet key strengths were removed after the swell of opposition. The Peach State later saw dramatic increases in violent crime notably with Atlanta exceeding record murder rates consecutively twice now.
While numerous law enforcement agencies estimated 60 percent of violent crime is gang related and with at least 71,000 gang members in Georgia, many wondered why gang-charging under the Georgia Street Gang and Terrorism Prevention Act was so low, particularly in the Atlanta area where there are higher concentrations of gang activity. But while greater concentrations exist in commercial centers like Buckhead, all 159 Georgia Sheriffs have decried their number one public safety threat: gangs.
Furthermore, IAG staff reporting discovered an “abysmal” three percent gang member to gang charge rate in Georgia during 2021. That means that of the estimated 71,000 gang members in Georgia, little over 2000 gang charges were brought. According to data obtained by the Georgia Gang Investigators Association, less than 1000 gang members were charged under the Act last year. Notwithstanding any reporting inaccuracies from any number of criminal justice agencies, this should be a red flag to everyone.
The problem with low charging rates isn’t limited to gang charges either since some newly elected DAs tend to proclaim how much they won’t prioritize certain offenses. Commentators and experts have, for years, implored lawmakers that a federal gang law would allow United States Attorneys to do what local prosecutors weren’t going to for whatever reason. This was in parallel with sharp criticisms and demands for repeal of the First Step Act, the “criminal justice reform” that reduced the prison population through early release programs.
Many speculated that prosecutors were cherry-picking which crimes to prosecute and refusing to bring charges under GA gang laws because of “reform.” GGIA-compiled statistics from Georgia Bureau of Investigation data certainly support this since charging in some jurisdictions is lower than in many others.
The low gang-charging problem, however, isn’t as one dimensional as side by side statistics tend to be. For example, one judicial circuit may allow police to swear out gang warrants more easily. In some, because of different standards, gang warrants are seldom sworn out due to immense scrutiny during what should be an efficient probable cause hearing. Judges who allow a full-fledged trial in what should be a shorter hearing on gang arrests do no one favors either, so DAs aren’t the only ones to blame.
Last year, lawmakers proffered legislation creating a Prosecuting Attorneys Oversight Commission. The PAOC would independently investigate prosecutors for misconduct potentially removing them from office. This effort stalled then but was recommitted during 2022’s legislative session.
During a committee hearing about the PAOC lawmakers voiced frustration with their prosecutors over their refusing to enforce valid state laws. Ironically, there were only three, of 50, DAs present opposing the PAOC last year. All three, DeKalb among them, had gang charging rates amongst some of the lowest compared to other metro Atlanta counties. Sadly, the DeKalb DA also vehemently opposed the 2020 gang bill, too, arguing stronger provisions were too harsh and resources should focus on diverting gang members into juvenile courts or going after gang leaders who victimize youth.
Strangely, according to one of its training presentations about successful gang prosecutions, the DeKalb DA’s measure insists “it’s not about the number of indictments, or arrests.” Go figure since DeKalb seems to seldom prosecute gang leaders anyway.
According to statistics from the last four years, just more than a handful of “kingpins” were prosecuted under O.C.G.A. 16-15-4(d), a section reserved for gang leadership. Moreover, only one leader was sentenced under section d. Let’s all just hope the “new” DeKalb DA Gang Unit will increase their numbers and not function like a conduit for “smoke and mirrors” will.
But still, side-by-side statistics won’t capture a holistic view of the complex issues arising from differences between judicial circuits. Bottom-basement numbers, though, are difficult to ignore given the tension between aggressively dismantling a gang crisis and advancing real criminal justice reform that won’t also backstab public-safety.
Meanwhile, Fulton County DA Fani Willis increased gang-charging rates since taking office in 2021. Her office proposed enhancements to the gang laws empowering all GA prosecutors to better tackle gang crime. Although really, many of these improvements were originally included in Kemp’s 2020 HB 994. Why not then?
The 2022 anti-gang legislation, SB 359, along with a companion bill, HB 1134, garnered bipartisan support in the name of public safety. These real criminal justice reforms were met with Kemp’s 2022 budget funding a statewide Gang Unit at the GA Attorney General’s Office and a commitment from new Atlanta Mayor Andre Dickens and Chief Rodney Bryant to look at increasing the Atlanta Police Department’s gang unit.
Unfortunately for Georgia citizens whose DAs opposed the new Commission, no amount of reform raises a gang-murder victim’s justice. At this point, only more gang prosecutions and better oversight will.
Bill Black is a Georgia attorney who graduated with honors from Atlanta’s John Marshall Law School where he was Editor-in-Chief of the John Marshall Law Journal.
