Fulton County Superior Court

***EF|LED***JT
Date: 9/5/2019 3:15 PM
Cathelene Robinson, Clerk

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

STATE OF GEORGIA, )

3
OQOONOUU'l-PQJNA

P1aint1ff, )
CRIMINAL INDICTMENT
vs. g

) N0. 15$C138731
SEMMIE WILLIAMS
g
Defendant.
g

PLEA TRANSCRIPT

TRANSCRIPT OF THE PROCEEDINGS HEARD IN THE

ABOVE-STYLED CASE BEFORE THE HONORABLE THOMAS A. COX, JR.,
JUDGE, ATLANTA JUDICIAL CIRCUIT, HELD AT FULTON COUNTY SUPERIOR
COURT COMMENCING ON MAY 29, 2018.
A P P E A R A N C E S:

0n beha1f of the P1aint1ff: FAYE ROSENBAUM

NNNNNNAAAAAAAAAA ASSISTANT DISTRICT ATTORNEY
Ul-POJNAOQOONODU'l-waA
0n beha1f of Defendant: MEGHAN CALLIER
ASSISTANT PUBLIC DEFENDER

Carrie Newman, RPR, 43061

0ff101a1 Court Reporter
Suite T-1858 Justice Center Tower
185 Centra1 Avenue, S.w.
At1anta, Georgia 30303
Certification #5166-8684-2377-0112
 P R O C E E D I N G S

(Whereupon, the fo11ow1ng proceedings were he1d 1n

open courtz)

THE COURT: A11 right. Thank you.

OLOmNOUU‘l-POONA

Go ahead, Rosenbaum.

MS. ROSENBAUM: Your Honor this is indictment

15SC138731.

The Defendant Semmie w1111ams is charged 1n Count 1

with aggravated assau1t strangu1at10n which has a range

of punishment of 1 to 20 years. Count 2 is a

misdemeanor, battery against a person 65 years of age or

o1der and that has a maximum sentence of 12 months to

serve.

The State's recommendation on Count 1 is ten years

to serve five with the ba1ance on probation with the

conditions to 1nc1ude menta1 hea1th treatment and

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comp11ance 1nc1ud1ng any medication that's ordered and

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that he be supervised by the Behaviora] Hea1th Treatment

Court or other Court monitored supervision; that he a1so

have no contact with the victim 1n the case Mr. Dennis

Brincks and stay out of zone two 1n the City of At1anta

Fu1ton County.

As to Count 2 we recommend 12 months to serve

concurrent with Count 1.

 Wou1d you raise your right hand p1ease, sir?
SEMMIE WILLIAMS,

being first du1y sworn, was examined and testified as fo11ows:

EXAMINATION.

BY MS. ROSENBAUM:
OLOmNOUU‘l-POONA

Q. Thank you. You can put your hand down.

If you wou1d, p1ease speak up and state your fu11

correct and 1ega1 name for the record?

A. My name is Semmie W111ams.

Q. Do you have a m1dd1e name?

A. Yes. Lee.

Q. How 01d are you?

A. 35.

Q. How far did you go 1n schoo]?

A. I went to 12-grade.

Q. So are you ab1e to read and understand Eng1ish?

A. Yeah.
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Q. Now, are you the same Semmie W1111ams charged 1n this

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indictment?
THE COURT: Hand that to Ms. C011ier and just step

back.

MS. CALLIER: Have you seen this document?

THE DEFENDNAT: Yes.

BY MS. ROSENBAUM:

Q. And you're the same Semmie W1111ams charged with

 those offenses 1n that indictment?
A. Yes.

Q. And your signature appears on the front of the

indictment?
A. Yes.
OLOmNOUU‘l-POONA

Q. You signed that 1n court here today?

A. Yes, I did, but I mean --

MS. CALLIER: She's asking 1f you signed 1t.

THE DEFENDANT: Okay. Yes.

BY MS. ROSENBAUM:

Q. You're appearing with your attorney Ms. Ca111er.

Have you had a chance to ta1k to her about your case?

A. Yes.

Q. Have you had enough time to discuss a1] of the facts

and circumstances 1nc1ud1ng any possib1e defenses you might

have 1f you went to tria]?

A. Okay. Yes.
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Q. Are you satisfied with her services 1n representing

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you?
Yes.

Did you and she a1so review the other documents

there, the Acknow1edgement of Rights and Gui1ty P1ea Form?

A. Yes.

Q. Did you understand a1] of the rights that 1t

contains?
 A. Yes, because it's supposed to be -- I wanted to get
First Offender. Okay. Yes. Yes.

THE COURT: Go ahead, Rosenbaum.

BY MS. ROSENBAUM:

Q. Do you understand a1] of the rights contained 1n that

OLOmNOUU‘l-POONA

form?

A. Yes.

Q. Is that indicated by your 1n1t1a1s next to each one

as we11 as your signature at the bottom?

A. Yes.

MS. ROSENBAUM: Ms. Ca11ier, have you had a chance

to review the charges 1n the indictment with your c11ent?

MS. CALLIER: Yes.

MS. ROSENBAUM: Are you waiving the forma] reading at

this time,

MS. CALLIER: Yes we are.

MS. ROSENBAUM: Are you a1so waiving any objections

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as to possib1e defects 1n form or content?

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MS. CALLIER: Seeing no defects we do waive.

MS. ROSENBAUM: You and your c1ient are agreeing to

go forward with p1ea on the document I am ho1d1ng up?

MS. CALLIER: Yes we W111 proceed on a copy.

THE DEFENDANT: I'm supposed to be trying to get

First Offender.

THE COURT: We'11 give you a chance.

 We're going to get to everything you want to get

through. Just give us a chance to go through this with

Ms. Rosenbaum.

THE DEFENDANT: Yes, I'm not p1ead1ng to no prison

time.
OLOmNOUU‘l-POONA

THE COURT: I understand. We'11 go through a1] of

that once we get done.

Go ahead, Ms. Rosenbaum.

MS. ROSENBAUM: Ms. Ca111er, does 1t appear your

c1ient understood a11 of the rights contained 1n the

Acknow1edgment of Rights form?

MS. CALLIER: Yes.

MS. ROSENBAUM: Is that indicated by your signature

at the bottom?

MS. CALLIER: Yes.

MS. ROSENBAUM: Your Honor, may I approach?

THE COURT: Yes.
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MS. ROSENBAUM: The indictment has been signed by

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a1] parties.

BY MS. ROSENBAUM:

Q. Now, do you understand sir that when you're charged

with a crimina1 offense you have certain Constitutiona] Rights

1nc1ud1ng the right to a tria] by jury 1n which you wou1d be

presumed innocent and the State wou1d have to prove your gu11t

beyond a reasonab1e doubt.

 You wou1d have the right to testify on your own

beha1f 1f you choose to do so or the right to remain si1ent and

1f you choose to remain si1ent that fact cou1d not be he1d

against you at tria].

You wou1d have the right to subpoena witnesses to

OLOmNOUU‘l-POONA

come to court to testify 1n your own beha1f and a1so have the

right to confront and cross examine the State's witnesses and

any other evidence presented against you.

You have the right to be represented by an attorney

at tria] and 1f you can't afford to hire your own, one wou1d be

appointed for you.

A130 you wou1d have the right to appea1 any
conviction after tria] a1so with assistance of Counse1. Do you

understand a11 of those rights?

A. Yes.

Q. Do you understand that by p1ead1ng gu11ty to these

charges you are waiving or giving up those rights and there

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W111 not be a tr1a1?

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A. Yes.

Q. Has anyone used any threats or force against you or

made any promises to you to get you to p1ead gu11ty to these

charges?
A. No.

Q. Are you under the 1nf1uence of any a1coho1 or

contro11ed substance or medication?

 No.

Is there any medicine that you are supposed to take

every day that you haven't had today?

No.

I'm sorry. Did you say no?

OLOmNOUU‘l-POONA

Yeah. You said -- what did you say again?

THE COURT: He said no.

Ms. Rosenbaum, go ahead.

BY MS. ROSENBAUM:

Q. Do you have any physica] or menta1 conditions that

wou1d prevent you from fu11y understanding what you're doing?

A. No.

Q. Do you understand you are 1n the process of entering

a non-negotiated gu11ty p1ea to fe1ony and misdemeanor crimina1

charges and that the Court W111 impose sentences as authorized

by 1aw?

A. Yes.
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Q. Now, do you understand that you have four years from

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today on the fe1ony charges and 12 months from today on the

misdemeanor 1f you wish to cha11enge the vo1untar1ness of your

gu11ty p1eas here today?

A. Yes.

Q. Do you understand that 1f you are not a United States

citizen your gu11ty p1ea and conviction on these charges W111

have a negative affect on your immigration status and W111

 resu1t 1n you being deported?

A. Yes.

Q. Do you understand 1f you have any other pending

crimina1 matters whether they are 1n Fu1ton County or 1n any

jurisdiction anywhere and that can 1nc1ude open cases, probated

OLOmNOUU‘l-POONA

sentences, suspended sentences, paro1e status your conviction

on these charges cou1d have a negative effect on the sentences

on any remaining crimina1 matters that you have. Do you

understand that?
A. Yes.

Q. Now, do you understand 1f you were to be arrested 1n

the future and prosecuted on new charges there are certain

situations where the 1aw wou1d a11ow the State to use the facts
of the case as we11 as the conviction 1tse1f against you 1n a

new prosecution and that cou1d be for purposes of impeaching

your sworn tria] testimony, cou1d be used to prove other acts

or wrongs which are known as 404(b) motions, cou1d be used to
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enhance or increase sentencing or any other 1ega1 purpose. Do

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you understand that?

A. Yes.

Q. Now, you're entering these as non-negotiated p1eas

meaning there's no agreement between you and the State as to

the sentence recommendation, is that correct?

A. Yes.

Q. Do you understand the State is making a

 recommendation to the Court then your attorney W111 have an
opportunity to address the Judge on your beha1f but u1t1mate1y
1t wou1d be up to Judge Cox to impose sentence within the

ranges authorized by 1aw. Do you understand that?

A. Yes.
OLOmNOUU‘l-POONA

Q. Now, are you a1so asking for First Offender treatment

on the fe1ony charge?

A. Yes. That's what I've been to1d by my 1awyer, I

qua11fy for First Offender. I didn't want to p1ead to no

prison time.

Q. W911, you understand First Offender doesn't have

anything to do with whether you get prison time or not, do you

understand how First Offender works? And 1f not 1'11 just go

through 1t.
A. That's what I'm trying to get. That's what I'm

saying.

THE COURT: 1'11 make sure you are aware of any

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proposed sentence and give you an opportunity to accept

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1t beforehand so you'11 get the chance to decide.

THE DEFENDANT: Okay.

BY MS. ROSENBAUM:

Q. Now, you understand 1f the Court chooses to sentence

you as First Offender on the fe1ony charge that means that 1f

you successfu11y comp1y with a1] of the terms and conditions

1nc1ud1ng no further arrests wh11e you're under sentence that

1O
 at the end of the sentence no conviction for these charges

wou1d be shown on your crimina1 history. That's the good part

of First Offender.

The bad part is that 1f you're sentenced as a first

offender and you don't successfu11y comp1ete 1t meaning you

OLOmNOUU‘l-POONA

pick up a new charge, you don't comp1y with a1] of the terms

and conditions the Court wou1d have the option of revoking your

First Offender status, entering the conviction for these

charges and sentencing you up to the maximum for these offenses

which 1n your case wou1d be a tota] of 21 years. Do you

understand that?
A. Yes.

Q. Now, with a11 of these things 1n mind are you now

p1ead1ng gu11ty to Count 1 of the indictment, fe1ony aggravated

assau1t by strangu1ation?
A. Yes.

Q. And are you p1ead1ng to Count 2 battery of a person

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65 years or o1der, a misdemeanor?

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A. Yes.

Q. Are you entering these p1eas knowing1y, W1111ng1y,

free1y and vo1untar11y?

A. Yes.

Q. Is 1t your choice and your choice a1one to do so?

A. Yes.

MS. ROSENBAUM: Your Honor, we wou1d expect the

11
 State's evidence at tria] to show that this incident

occurred on January 7th of 2013 at or near North Rock

Springs Drive 1n the City of At1anta, Fu1ton County.
MS. CALLIER: That's not the date. You said

January.
OLOmNOUU‘l-POONA

MS. ROSENBAUM: If I said January, I meant

February 7, 2013.

The victim 1n this case is Mr. Dennis Brincks who

was more than 65 years 01d at the time of the incident.

He is a stranger unknown to the Defendant. In fact there

was no provocation.

Mr. Brincks was quite 11tera11y just wa1k1ng down

the street at that 1ocat10n and the Defendant came out

from behind a sign that was there next to the sidewa1k,

ran up behind Mr. Brincks, put him 1n a choke ho1d.

And Your Honor 1f I may present some of the

photographs here?
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THE COURT: You can keep the photographs. Just go

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ahead and present the facts.

1'11 100k at the photographs at the comp1et10n of

your report.
MS. ROSENBAUM: Yes, sir.

He ran up behind Mr. Brincks, put him 1n a choke

ho1d from behind and made statements to him to the effect

of I know your kind, you're finished.

12
 After he continued to keep the choke ho1d around Mr.
Brinck's neck to the point that Mr. Brincks cou1d not

breathe and has expressed that he fe1t 11ke he was going

to 1ose consciousness or more serious consequences.

Then a woman, just an objective observer, saw what

OLOmNOUU‘l-POONA

was going on and ye11ed stop.

The other pedestrians and peop1e present at the

scene unknown to either Mr. Brincks or the Defendant had

to actua11y physica11y get him off of Mr. Brincks.

He ran off 1n a wood 11ne. Mr. Brincks was ab1e to

give the direction of trave1 to the officers.

When they arrived they 1n fact canvassed the area,

were ab1e to observe the Defendant nearby matching the

description. The officer approached to make contact with

him.

The Defendant became very aggressive and host11e

with the Defendant making statements F you, you -- racia]

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exp1et1ve -- I hope you get 1n a car accident and die.

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I hope somebody Fs you up and other kinds of

statements to the Officer wh11e they were trying to take

him into custody for this v101ent attack to Mr. Brincks.

And I do have the photographs 1n this case.

THE COURT: A11 right. Present the photographs.

MS. ROSENBAUM: A copy has been presented to Defense

Counse] as we11.

13
 THE COURT: And the victim went to the hospita1?

MS. ROSENBAUM: Yes, he did.

The Defendant does have a prior history from the

State of F1or1da. He does not have any prior fe1ony

convictions.
OLOmNOUU‘l-POONA

So even though he wou1d be statutor11y e1igib1e for

First Offender, Your Honor, I be1ieve that 1t wou1d not

be appropriate 1n this circumstance because of the past

history. He has a simp1e assau1t, domestic V101ence,

battery, domestic V101ence.

And even the report that the Court shared with

Defense Counse1 and the State today 1n the eva1uat10n

indicated that his mother has previous1y had to take out

a restraining order against him.

So he does have a v101ent history a1though he was

ab1e to avoid having any fe1ony convictions before --

THE COURT: What's your authority for granting him

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this once 1n a 11fet1me right?

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MS. ROSENBAUM: As I said he's statutor11y e1igib1e

for 1t.

We're asking the Court to exercise its discretion 1n

not granting the benefit and especia11y 1n a situation

where the Defendant is seeking to get First Offender 1n

this vio1ent offense after having a prior history of

v101ence 1n this case.

14
 THE COURT: He's not been convicted of any past

vio1ent crimes, correct?

MS. ROSENBAUM: No fe1ony convictions, yes, sir.

THE COURT: A11 right.

MS. ROSENBAUM: I be1ieve he does -- I know he's p1ed

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no1o previous1y 1n F1or1da. And 1'11 confirm whether or

not he has any actua1 convictions for those v101ent

offenses.

I expect that the victims 1n that case -- and I

don't and am not representing this to the Court because I

don't have that information -- but just suspect that some

of those were fam11y members who may have dec11ned to

continue with prosecution or to give the Defendant the

benefit of the doubt so-to-speak. But 1n this case 1t

was stranger on stranger comp1ete1y unprovoked and

attacked Mr. Brincks.

And that's the reason for the State's recommendation
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of the ten year sentence with five years to be served 1n

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custody.

We wou1d a1so request that he receive any menta1

hea1th treatment wh11e 1n custody; once he's re1eased

that he be under the highest supervision that probation

can provide 1nc1ud1ng menta1 hea1th probation officer and

think 1t wou1d a1so behoove both the Defendant and the

safety of the citizens of Fu1ton County 1f the Defendant

15
 were a1so subject to the Behaviora] Hea1th Tria] Court
requirements with the reporting and the supervision and
making sure that he's comp1y1ng with any menta] hea1th

treatment and medication.

A1so 1n the report that the Court provided today
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there was an incident ear11er this year where the

Defendant refused to take the medication and 1n fact had

a very aggressive and V101ent response where they said he

was f11pp1ng over I be1ieve chairs and tab1es 1n the
interview room that they were 1n.
So wh11e he is out and wou1d have the opportunity to

make the vo1untary choice of whether to comp1y with

menta1 hea1th treatment 1nc1ud1ng medication that is the

State's concern because of the facts of the case an

unprovoked attacked on a stranger on the street, Your

Honor.

THE COURT: A11 right. I understand it's the

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intention to the extent the Court were 1nc11ned to agree

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with his Counse] that his intention is to 1eave the State

of Georgia and return to Sanford, F1or1da.

MS. ROSENBAUM: Yes, Your Honor.

And without having any representation to the Court

as to any kind of menta1 hea1th program supervision,

whether they have even the same kind of provisions 1n

p1ace that he wou1d have through Fu1ton County to be

16
 monitored 1t rea11y is basica11y just exporting a

potent1a11y v101ent situation to another jurisdiction,

which I understand 1t wou1dn't be 1n ours, but 1t doesn't
so1ve the prob1em or provide the protection to the

community or benefit to the Defendant to make sure he's

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got those kind of safeguards 1n p1ace.

THE COURT: You wou1d agree though with reference to

protection to the community that his past behavior is

most indicative of potentia] future behavior, correct?

MS. ROSENBAUM: It certa1n1y is an indication, Your

Honor.

I think that the Defendant's demeanor 1n court quite

frank1y today wou1d suggest that there are st111 a 1ot of

unreso1ved issues that cou1d pose prob1ems to whatever

community he is re1eased to.

THE COURT: Yes, I get that, but I guess I'm just

trying to get us to reach a common ground on the basic

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premise that the State does agree that his past behavior
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wou1d be the most re11ab1e indicia of his future behavior

at 1east from this perspective?

MS. ROSENBAUM: Yes, I wou1d agree with that.

THE COURT: And one thing the Court wou1d need to

consider is 1n his past behavior is that he hasn't been

convicted of any fe1on1es?
MS. ROSENBAUM: He has no fe1ony convictions,

17
 correct.

THE COURT: But I do understand the State's position

regarding the safety issues to our community here 1n

Fu1ton County.

A11 right. So does that comp1ete the State's

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presentation?
MS. ROSENBAUM: On my beha1f, Your Honor, other than

1f the Court wou1d a11ow Mr. Brincks to address you

regarding sentencing.
THE COURT: Before we turn to Mr. Brincks I wanted
to get the -- we11, I gather the State is making a
reference that the Defendant has no fe1ony convictions?
MS. ROSENBAUM: Correct.

THE COURT: A11 right. So at this time why don't I

hear from Mr. Brincks before we turn over to the

Defendant.

A11 right. So Mr. Brincks can you hear us?

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MR. BRINCKS: Yes.

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THE COURT: A11 right. I'm going to give this phone

to the Court reporter so that we can both hear you.

Cou1d you give us your first and 1ast name?

First name again.

MR. BRINCKS: Pardon me?

THE COURT: First name again p1ease.

MR. BRINCKS: Dennis Brincks.

18
 THE COURT: A11 right. Mr. Brincks, 1f you wou1d,

address -- and these are the instructions for you when

you give these impact statements.

First of a11, you're 11m1ted to ta1k1ng about how

this incident with the Defendant impacted you and you're

OLOmNOUU‘l-POONA

on1y a11owed to direct any comments to me and not to

anyone e1se.
And there are other peop1e here 1n the courtroom.

So at this time 1'11 give you the microphone and

we'11 1isten to you about how this incident impacted your

11fe.

MR. BRINCKS: Okay. Can you hear me?

THE COURT: Yes and 1f you wou1d p1ease speak s1ow.

The pace you've estab1ished is good and 1f you cou1d

speak 1oud.

MR. BRINCKS: We11, this man attacked me and I don't

know who he was. And he beat me profuse1y. And I said

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what do you want? Money? He said no. He knows my kind

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and is going to finish me. He beat me on the head.

THE COURT: You're going a 11tt1e fast, Mr. Brincks.

Going a 11tt1e fast. If you cou1d, s1ow down. S1ow1y

and 1oud1y. Thank you.
MR. BRINCKS: Okay. So he beat me with his fist

over and over again on my head. I cou1d hear my brain

going back and forth 1n my sku11.

19
 He threw me down a ravine and severe1y injured my

side. My arm has never been back to norma]. I st111

can't -- I st111 can't raise my arm for any amount of

time, my right arm above my shou1der.

Basica11y, I have renta] properties. My who1e 11fe

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has been working physica11y. And this guy -- so I'm

permanent1y impaired 1n that respect. I'm 1ucky I'm

a11ve. The intent was to k111 me. No doubt. Because he

had his knee 1n my back, his hand around my neck choking

me. I was passing out, 11tera11y, and my 1ast thought

was --

THE COURT: Mr. Brincks, you're speeding up a 11tt1e

bit. If you cou1d, p1ease s1ow down. Go ahead.

MR. BRINCKS: Okay. So you know, it's just

extreme1y traumatizing. You know, my wife, I've been

married 45 years, same woman. I've got two adu1t kids,

they are very productive. There's no reason why any of

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this shou1d have happened except that this is a k111er as

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far as I'm concerned. I have no doubt he wanted to k111

me. He wasn't 1ett1ng up. He was choking me. I was

passing out. And 1f 1t hadn't been for fe11ow citizens

that saw him jump me I wou1d be dead today. Dead. And

1f you 1et this man out --

THE COURT: A11 right. Mr. Brincks, Mr. Brincks,

Mr. Brincks. Let me stop you right there. Because

20
 sentencing is province of the Court.
And as I mentioned to you your opportunity to speak
is 11m1ted for you to te11 me how this impacted your

11fe. A11 right? Have you to1d me a1] about that, Mr.

Brincks?
OLOmNOUU‘l-POONA

MR. BRINCKS: Yes. As I said I don't fee] menta11y

that I'm as good as where I was before he beat me. I

st111 have a mark on the one side of my forehead where he

hit me so hard.

And as an o1der person it's very traumatizing. I'm

st111 traumatized by the incident. I thought I was going

to get a chance to go and testify against him 1n person a

year ago and I was ready to go.

And now a1] at once I don't get my chance except

this. But I'm saying, yeah, it's had a rea1 effect on

me.

You go through something 11ke this and I think every

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day I'm not sure why I'm a11ve. I guess it's because of
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my fe11ow citizens. But, yeah I -- I mean I st111 get

twitches 1n my 1eg, twitches 1n my 1eg every now and then

from where I ro11ed down the bank and hit the side of my

1eg.

THE COURT: A11 right. Is there anything e1se, Mr.

Brincks?
MR. BRINCKS: We11, you know, I'm a productive

21
 citizen. My who1e 11fe I've never committed a crime and

here I'm 1n a residentia] neighborhood. The man was

hiding behind a retaining wa11 across the street. He

came running up behind me. I didn't even notice him,

didn't say a word, I 1ooked out of the corner of my eye

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and he's jumping me and the first thing he does is hit me

1n the head.

THE COURT: Mr. Brincks. You're ta1k1ng a 11tt1e

too fast again. Keep going.

MR. BRINCKS: I can't hear. It's too big. Cou1d

you put the phone a 11tt1e c1oser to what you're --

THE COURT: A11 right. Mr. Brincks, have you to1d

me everything about how this has impacted you?

MR. BRINCKS: Yeah.

THE COURT: A11 right. Thank you, Mr. Brincks.

We're going to go off the record and continue the

proceedings.
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MR. BRINCKS: Shou1d I hang up?

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MS. ROSENBAUM: These are just photographs of the

scene.

THE COURT: A11 right. At this time, Ms. Ca11ier,

anything you wou1d 11ke to share about your c1ient?

MS. CALLIER: Yes, Your Honor. One moment.

THE COURT: Okay. Go off the record.

(Discussion off the record.)

22
 A MS. CALLIER: Thank you, Your Honor.
I do represent Mr. W1111ams, Semmie W1111ams. I've

represented him since this case began on February 7,

2014, is the actua1 date of the offense.

Your Honor, there's a coup1e of things I do want to

address with the Court. As you can te11 this was not a

targeted attack. It's very unfortunate. And we a1] wish

1t didn't happen against Mr. Brincks, but 1t did occur,

primar11y, due to my c11ent's menta1 state which has been

documented, which is why it's taken us over two years to

get to this point today due to that.

So we wou1d 11ke the Court to be aware of that, that

LCDN—‘OCOWVGU‘ILOON—‘OCOWVGU‘I-POON

Mr. w1111ams did come 1n to the Fu1ton County Ja11. He

was not -- he was determined to be not competent. He has

been at Georgia Regiona] Hospita] for some time where he

does acknow1edge that he shou1d stay on his medication.

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He's been receiving proper medication. Because at first
Mr. w1111ams did not understand any of this.
And he's definite1y progressed to understand what's

taking p1ace 1n court, understands the nature of his

charges and a1so any discussions with me concerning his

case, Your Honor. The issue that I have with the

State's recommendation is that they are not asking for

him -- I mean the sentence, the maximum was 20 years. So

N O‘l
he wou1d be re1eased.

23
 But what we're trying to do is get the safeguards 1n

p1ace to keep him from being a danger here 1n At1anta.

We're asking him to go to F1or1da.

We have spoken with his mother and sister 1n

Sanford, F1or1da, made contact with him. They have a1so

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spoken to Mr. W1111ams wh11e 1n Georgia Regiona] and they

have no issue with him coming to 11ve with them 1n

Sanford, F1or1da.

THE COURT: How are you going to be sure that he

gets to Sanford, F1or1da?

MS. CALLIER: Previous1y, we have done 1t where the

Court has given a 11m1ted time to get on a Greyhound bus.

So the fam11y makes the arrangements, they are given a

window when he 1eaves Fu1ton County Ja11 to make 1t to

the bus stop.

THE COURT: Can one of his fam11y members come to

At1anta to assist him 1n getting back to F1or1da?

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MS. CALLIER: I can ask them, but 1t was more cost

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efficient to send him that way.

But I W111 request that of his mother and sister.
I'm spoken to both of them concerning their brother and

their son Mr. W1111ams.

Another thing to note about my c1ient's past, Your

Honor, his 1ast arrest I be1ieve was 2005.
And what the State is speaking about with the

24
 misdemeanors having no fe1ony conviction, that was a 2005
previous incident.
He's had nothing between then and 2014. He's been

here 1n At1anta a1] that time with no issues. I do

be1ieve my c11ent has recognized --

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THE COURT: From 2005 to 2014?

MS. CALLIER: Yes.

THE COURT: A11 right. Go ahead.

MS. CALLIER: He's been 1n this area since then.

His fam11y was ab1e to confirm he's been 1n At1anta about

ten years.

He has had no arrest from my understanding

misdemeanor or fe1ony since that time when he 1eft

F1or1da to come to At1anta.

We are stating to the Court that we be1ieve that 1f

he's re1eased with a 30-day supp1y of medication, which

is standard for the ja11, and he stays on his medication

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unt11 he is ab1e to make contact with a doctor down 1n

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Sanford, F1or1da, we have no issues with his menta1

hea1th treatment. We want him to get that.

We do not be1ieve that prison is the answer for Mr.

W1111ams.
He's been 1n custody here 1n the Fu1ton County Ja11

1n custody since February 7 of -- he's actua11y been here

since February 15, 2016, has been the time that he's been

25
 1n our custody here, Your Honor.

So we are just asking for the recommendation of five

years to serve three commuted to the time served, the

ba1ance on probation, and 12 months to serve on Count 2
to run concurrent to Count 1.
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But we do be1ieve 1n this case that getting him on

his medication, because he's not going to be -- even with

the State's recommendation he wou1d possib1y not spent

any time 1n custody. He has no fe1ony history. He's

paro1e e1igib1e.

We be1ieve this p1an is more secure for Mr.

W1111ams. He W111 have the support he needs from his

fam11y.

He wou1d not be home1ess as he was here 1n Georgia.

He wou1d make 1t down to F1or1da and be there with his

fam11y.

And again, back to the facts, Your Honor. As the

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victim Mr. Brincks stated, he stated to him, I know your

(J‘l-hOON—‘OLOWNOVU‘l-hooNA

kind, you're finished.

There was no interaction between the parties. There

was no need for Mr. w1111ams to attack Mr. Brincks.

It was ma1n1y due, I think most1y due to his menta1

hea1th state at that time.
He's acknow1edged that and knows he needs to stay on

his medication.

26
 Because even his fam11y states that when he's on his
medication that he's fine for the most part, that they

have had no issues.

So we're just asking for that recommendation from

the Court and First Offender treatment because he's

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e1igib1e for that.

BY THE COURT:

Q. Mr. W1111ams, I have to ask you some questions for

your request of First Offender status. If you can just answer

yes or no, 1f you don't understand.

If you as a First Offender probationer v101ate the

terms of your probation the Court may enter an adjudication of

gu11t and proceed to sentence you to the maximum sentence

provided by 1aw?

Do you understand that?

A. Yes.

Q. Additiona11y you shou1d understand that 1f an

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adjudication of gu11t is entered you may be sentenced to a

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sentence greater or more restrictive than the one imposed

today.

Do you understand that?

That's for the First Offender?

Yes.
D>D>

Oh, yes.

If an adjudication of gu11t is entered you may be

27
 sentenced to a sentence greater or more restrictive than the
one imposed today?

A. Yes.

Q. If you are so sentenced you W111 receive credit for

time served on probation against any new sentence.
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Do you understand that?

A. Yes.

Q. If you comp1ete this sentence successfu11y you W111

not have been convicted of a crime.

Do you understand that?

A. Yes.

Q. A11 right. Given these conditions do you want to

take this once 1n a 11fet1me opportunity and receive the

requested First Offender sentence?

A. Yes, sir.

THE COURT: A11 right. I'm 1nc11ned to go with the

recommendation of the Defense Counse1.

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But the commuted to time served, te11 me how that

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impacts the sentence, Ms. Ca111er.

MS. CALLIER: The over two years that he's been 1n

custody, he doesn't have to do the time of the three

years, that his time that he's been 1n for this period of

time since the incident date and received treatment W111

count, actua11y count for the three years.

THE COURT: A11 right. Based on his record,

28
 specifica11y, that 1t appears that his encounter with Mr.

Brincks, though regrettab1e and certa1n1y harmfu] and not

the type of behavior that we condone 1n our community,

may have been attributed to based on the menta1 state of

the Defendant 1n this case.

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Based on that, the Court W111 accept the

recommendation of the Defense Counse1.

The Court a1so finds, Mr. W1111ams, that you're

entering into this p1ea knowing1y, 1nte11igent1y and

vo1untar11y and that you're aware of the charges against

you and the potentia] ramifications, is that true?

THE DEFENDANT: Yes, sir.

THE COURT: A11 right. And that you're entering

this p1ea vo1untar11y and that means no one has compe11ed

you to enter the p1ea 1n this case, is that correct?

Nobody is forcing you to take the p1ea?

THE DEFENDANT: No sir.
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THE COURT: And the Court further finds that there's

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a substant1a1 factua] basis for the charges against you

1n this case.

Based on that is there anything you wou1d 11ke to

say to the Court before sentencing?

THE DEFENDANT: You know, I haven't been 1n troub1e

for many years and I'm not a crimina1 but I accept what

the offer is.

29
 THE COURT: You've got Mr. Brincks on the 11ne. Is

there anything you want to say to him?

THE DEFENDANT: No -- we11 -- we11, 1f anything, I

hope he gets better. I hope his 11fe gets better.

THE COURT: Anything you want to say to him about

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the incident and your ro1e 1n the incident 1nvo1v1ng him?

THE DEFENDANT: W911, I'm sorry for anything that may

have happened to you 1n your 11fe, you know.

THE COURT: A11 right. On Count 1, aggravated

assau1t, the Court W111 accept your request for First

Offender treatment, again, based on the fact that you're

e1igib1e for First Offender treatment, statutor11y
e1igib1e, and that you have no fe1ony history.

The Court W111 sentence you to five years to serve

three years commuted to time served with the ba1ance on

probation, given that you have been 1n custody since

February 16th, of 2016.

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On Count 2, battery against someone 65 years or

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o1der, the Court sentences you to 12 months to serve

concurrent to Count 1. That's a misdemeanor.

Under the specie] conditions the Court W111 require

you to remain on medication wh11e on probation.

The Court W111 order a 30-day supp1y of your

medications.

The Court W111 a1so require that you depart Fu1ton

30
 A County within four hours of your re1ease.
THE DEFENDANT: Yes.

MS. ROSENBAUM: Judge, sorry to interrupt.

THE COURT: Go ahead, Ms. Rosenbaum.

MS. ROSENBAUM: On that basis wou1d the Court

consider a banishment from the State of Georgia other

than Ware County?

THE COURT: And the Court W111 banish you from

Fu1ton County.

Your exit route out of Fu1ton County W111 be the

Greyhound bus and I be1ieve that wou1d be I75 Interstate

75 which W111 traverse you through Centra1 and Southern
LCDN—‘OCOWVGU‘ILOON—‘OCOWVGU‘I-POON

Georgia into F1or1da, the state adjoining our state.

And at that time you are going to reside with your

mother 1n Sanford, F1or1da, Char1otte Maureen W1111ams.

You're to have no other v101at10ns of the 1aw.

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require you to register for the remainder of your

probation supervision with F1or1da off101a1s and the

Court W111 transfer supervision from Georgia off101a1s to

F1or1da off101a1s.

Anything e1se?
THE DEFENDANT: No, sir.

MS. CALLIER: Not from Defense, Your Honor, no.

N O‘l
MR BRINCKS: Am I a11owed to say anything?

31
 THE COURT: No, Mr. Brincks.

Anything e1se from the State?

MS. ROSENBAUM: Not from the State, Your Honor.

THE COURT: A11 right. We are 1n recess.

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(Whereupon, the proceedings were conc1uded.)

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(J‘l-hQJN—‘OLOOOVOVU‘ILOONA

32
 c-E-R-T-I-F-I-c-A-T-E

STATE OF GEORGIA:

COUNTY OF FULTON:

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I, CARRIE DENISE NEWMAN, Officia1 Court Reporter,

hereby certify that the foregoing transcript was taken down, as
stated 1n the caption, and the co11oquies, questions and
answers were reduced to print by me or under my direction; that
the foregoing pages represent a true, correct and comp1ete
record of the evidence given.

The above certification is express1y withdrawn and

denied upon the disassemb1y and/or photocopying of the
foregoing transcript, or any part thereof, 1nc1ud1ng exhibits,
un1ess said disassemb1y and/or photocopying is done under the
auspices of the undersigned and the signature and origina1 sea1
attached thereto.

I further certify that 1n accordance with

OCGA 9-11-28(a) I am not a re1at1ve, emp1oyee, attorney, or
counse1 of any party, nor am I f1nancia11y interested 1n the
action.

This, the 3RD day of SEPTEMBER 2019.

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(NLCDN—‘OLOOONOVO‘ILOONA

/S/ Carrie Newman

CARRIE DENISE NEWMAN, RPR, CCR

OFFICIAL COURT REPORTER
CERTIFICATION #5166-8684-2377-0112

33