A Fulton County judge on Tuesday said he will toss racketeering charges against all 61 defendants accused in a yearslong effort to halt construction of a police and firefighter training center critics call “Cop City,” ruling that Georgia Attorney General Chris Carr lacked authority to bring the case under the state’s Racketeer Influenced and Corrupt Organizations law.
Fulton County Judge Kevin Farmer told attorneys during a hearing that Carr needed permission from Gov. Brian Kemp to pursue the 2023 indictments rather than stepping in instead of the local district attorney, and that prosecutors conceded they did not obtain such an order. Farmer said procedural steps required by law were not followed. “It would have been real easy to just ask the governor, ‘Let me do this, give me a letter,’” he said. “The steps just weren't followed.”
Five of the defendants had also been indicted on charges of first-degree arson and domestic terrorism. Farmer said Carr also lacked authority to pursue the arson charge but indicated the state’s domestic terrorism indictment might stand. He said he will file a formal order in the case soon and acknowledged he was uncertain whether he will quash the entire indictment or allow the domestic terrorism count to remain; he said he expected the prosecution to appeal.
Deputy Attorney General John Fowler told Farmer during the hearing that he believed the judge’s decision was “wholly incorrect.” Prosecutors had maintained the sprawling indictment was necessary to address a yearslong conspiracy of violence and intimidation aimed at halting construction of the facility in the South River Forest in DeKalb County.
The long-running controversy over the training center escalated in January 2023 after a sweep by state troopers that led to the death of an activist who authorities said had fired at officers. The activist, known in some circles as “Tortuguita,” became a focal point for nationwide protests that united environmentalists, anarchists and anti-police demonstrators. Masked vandals at times attacked police vehicles and construction equipment in efforts to stall the project and pressure contractors to withdraw.
Authorities filed the 2023 indictments under Georgia’s RICO statute, a move experts called the largest criminal racketeering case ever brought against protesters in U.S. history. Each defendant had faced up to 20 years in prison on the racketeering charge. Republican Attorney General Carr, who is running for governor, pursued the case with praise from Gov. Kemp, who said the indictments were an important step to combat “out-of-state radicals that threaten the safety of our citizens and law enforcement.” Critics described the litigation as politically motivated and an overreach aimed at suppressing dissent.
The training center, a priority for Atlanta Mayor Andre Dickens, opened earlier this year despite years of protests and millions in cost overruns. Officials have said some cost increases stemmed from damage caused by protesters and the necessity of maintaining round-the-clock security around the facility.
The case has been dogged by procedural problems since the indictments were filed, and no defendant has gone to trial. Farmer and the case’s previous judge, Fulton County Judge Kimberly Esmond Adams, criticized prosecutors for their handling of evidence and case management. Adams previously called prosecutors’ actions “gross negligence” after privileged attorney-client communications were included among a vast cache of documents shared with investigators and dozens of defense lawyers. Prosecutors repeatedly apologized for delays and missteps while arguing they faced extraordinary challenges managing an unusually large and complex case.
Legal observers said Farmer’s finding on the necessity of gubernatorial authorization raises significant constitutional and statutory questions about when a state attorney general may supersede local prosecutors. The decision is expected to prompt an appeal, which could keep the legal fight tied up in appellate courts for months. Farmer did not set a timeline for issuing his written order.
If the order formally quashes the RICO and arson counts, prosecutors may pursue the remaining domestic terrorism charges or seek to refile under corrected procedures, steps that could lead to further litigation over the scope of state prosecutorial authority and the appropriate mechanism for charging coordinated protest-related offenses.