56 minute read
Shane Sims
Shane sims director of people living in recovery/ co-chair of police advisory task force
Walk us through your experience in the criminal justice system? How did you come about starting People Living in Recovery?
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There were several variables that led me to participating in a supposedly harmless armed robbery at the age of eighteen that resulted in both the death of a store clerk and me being sentenced to prison for my involvement. Although I had no idea that my codefendant would shoot the clerk, under Georgia’s “accessory” law, I was equally responsible for his death, and, therefore, could be sentenced just as harshly as one who pulled the trigger. It was an option that the District Attorney chose to pursue. Although I turned myself in and accepted responsibility for my role and pled guilty, the DA sought and secured against me a sentence of life plus 15 years. The fact that I was in my senior year of high school, had never been in any serious trouble, and had an extensive support network--in contrast to my four co-defendants, three of whom had extensive criminal histories--did nothing to mitigate the sentence.
However, my primary concern at the time was not the draconian sentence or social implications; rather, it was the realization that my actions, no matter how indirectly, had contributed to someone's death. I had begun using marijuana heavily and drinking alcohol, which was the only thing that I had in common with my co-defendants. I took full responsibility for putting myself in my circumstances. I entered the Georgia State Prison System in a state of contrition. I had no idea if I would ever walk back out of the prison gates. However, I determined that if I didn’t, then I would make the best of whatever amount of life God allowed me to live inside of them.
I quickly learned why the Georgia penal system was no longer called “The Department of Corrections.” In 1995, only months prior, then prison commissioner, Wayne Garner, led several busloads of tactical squads to different prisons throughout the state. By the time they left each prison, many inmates had been beaten bloody with little to no provocation. One guy whom I would grow very close to was actually beaten into paralysis for using the restroom inside of his cell without being given permission to. In a public statement, Gardner opined that most prisoners aren’t worth the bullet it would take to kill them. He removed all college courses and most rehabilitative elements from the system, and renamed it simply, “State Prison.” He demoralized staff and much of the inmate population. The effects would last for years to come.
This was the system and environment I entered. I knew that I had to fight hard to avoid being victimized by it and make a life for myself. I became an avid reader, participated in every type of positive event, and dedicated myself to building up those around me. My “glass half full” attitude and love for people led to the building of a positive reputation that eventually spread throughout the system, among both the inmate population and administration. Three Wardens would petition the Parole Board on my behalf at different times, eventually leading to my release on February 3, after serving 20 years. My reputation preceded my release and, within months, I was working, taking care of my family, and fully engaged with the community.
During my second year of freedom, I began receiving invitations to speak at different places and events, including within the prison system. After speaking at Athens Day Report Center drugs, alcohol and human resilience, I was offered a job there. However, I would have to obtain a Certified Addiction Recovery Empowerment Specialist (CARES) certification. I immediately applied for the training. However, after completing it, I was offered another job with People Living in Recovery, a 501 c (3) non-profit that offers recovery support services. This would allow me to work more directly with individuals facing substance use challenges. It also happened to pay quite a bit more. Within a year, the Board of Directors offered me the position of Executive Director. I was immediately faced with the challenge of retaining the organization’s primary source of funding, improving operations, and rebranding the organization. Today, some 2 years later, PLR offers recovery support services throughout Athens and to more than 900 individuals per month.
What is Modern Pathways to Recovery Housing and how long do citizens reside in a unit? What is a typical day like with residents? What have you learned about them and how have you adjusted PLR operations with that information?
When it comes to recovery, one of the things that I quickly realized is that recovery opportunities are greatly under marketed to minority communities. I believe that its largely due to the fact that recovery can cost money - although not necessarily so - and lack of financial resources and insurance makes minority communities highly unattractive to the “recovery market.” This is a view shared by a close friend of mine, Edmond Patterson, a white male from Canton, Ga. We also shared a dream of extending affordable recovery housing to that demographic. Through prayer, hard work, and good fortune, we opened Modern Pathways to Recovery housing for men February 1, 2021. We have 7 beds and the unit is now at capacity. In addition to recovery support, we offer financial literacy training, communication skill building, jobs, family reunification, etc. We want to address more than just the addiction: we want to also improve the men’s chances of living prosperous lives. Residents of MPR attend recovery support groups daily, engage house mates through group meetings, complete daily chores, complete any classes, then prepare for work (3rd shift).
What I have learned through the men of MPR is the power of empathic support coupled with opportunities to inspire within a person a renewed ambition for an abundant life. I would like to see more recovery support and mental health services offered. My experience both within the prison system as well as the Director of PLR has made it clear that most criminal activity is related to substance use disorder and/or mental health challenges.
What has made it difficult to have a clear dialogue when it comes to the Citizens Advisory Task Force? How can both the community and Police department partner to build trust?
What has made it difficult is the polarized nature of the current socio-political environment and a tendency for each side to view the other through lenses that have been tinted by the actions and views of a minority of people.
For instance, although even one use of excessive force by law enforcement is too much, the numbers are relatively low here in Athens. The refusal to recognize this fact on the behalf of the community will surely sabotage any efforts to constructively address this moderate, but very real issue. Concomitantly, the PD must recognize the fact that they have the goodwill of the majority of the community. If it is assumed that any and every effort to address the very real issues that exist between law enforcement and minority communities across this country is nothing more than hatred for the PD veiled by political jargon, then this will sabotage any hopes of addressing them in a constructive manner as well.
It’s time for the common sense people of Athens-Clarke County to wake up and see what would be one of the most dangerous concepts to come to our town. We have seen many incidents of misconduct by those who are sworn to serve and protect the communities where they perform their duties as Police Officers. From some different groups of concerned but but informed citizen we have received the shout “DEFUND THE POLICE.Let me make one thing perfectly clear. We do not need to defund the Athens Clarke County Police Department. Defunding this department of our local government that has always been woefully underfunded and not very competitive in compensation to men and women who put their lives in jeopardy every day that they serve. There is always room for improvement in any department and certainly within a department with such a critical mission of providing the safety that we want and deserve, there may be some changes that are needed. “DEFUNDING THE POLICE” is not the answer.
To allow individuals with agenda’s and no experience, understanding or knowledge of what it takes to provide a functioning police department is very unwise and also very dangerous. The Police Department and the men and women who serve therein are reflective of society as a whole. There are some good officers, some so-so officers and some bad officers. I think that is just about the same for any group of individuals in our society. The good ones need to be supported, the so-so ones need to be encouraged and the bad ones need to be held accountable.
The police officer has the very important role within our communities to enforce our laws, keep our citizens protected from those who would do harm to person and property and to maintain a civil society. With less resources, the dangerous job of providing for the common good becomes more of a challenge that will likely go unmet for those who have sworn to serve and protect us. With less policing, those who would do harm in our community will be able to act with less concern of being prevented or held accountable for criminal acts. We don’t have to go very far to see the results of “Defunding The Police.” In nearby Washington Georgia, in Wilkes County, The police department was defunded several years ago and today it is the Wild West Show and the place where Gangs are thriving. There are not many days that go by that there is not a shooting within their community. The areas that most need the police services are the ones that are suffering the most. The Wilkes County Sheriff’s Office has tried to fill the void but has not been able to provide the level of safety and security that those of Washington, Georgia need and deserve. The citizens of Washington Ga are living in a crime infested environment that is a direct result from defunding the police and allowing criminals freedom to do as they please. Yes, we may need changes in ACCPD, but we need competent individuals to be engaged in addressing the ever changing needs of a department that is responsible for the safety of our entire community.Any defunding of ACCPD will lead to increasing crime, slower response time for citizens and giving the criminals just what they want. Let us look for ways to improve our police department and not to try to starve it to death by “Defunding The Police.”
Scott Berry Retired Sheriff at Oconee county sheriff's office
How long have you been in law enforcement? Give us some insight into the challenges of your position. What unique solutions have you implemented during your experiences?
I graduated from the 31st Session of the Northeast Georgia Police Academy, September 22, 1978. I spent 43 years of my life dedicated to enforcing the law and protecting the citizens of Athens and Oconee Counties. It is interesting to remember that out of 13 of us in my class, 3 went on to be elected long term Sheriffs in Northeast Georgia: Jack Fortson in Madison County, Kenny Pritchett in Morgan County and myself. I served as the Sheriff of Oconee County for 28 of those 43 years.
As a Sheriff I had to accept responsibility for the entire operation 24 hours a day, 7 days a week. A Sheriff is elected by, and answers directly to, the people of the county. He or she isn't appointed. There is no committee or manager to answer to. I was subjected to the ultimate job review, my reelection, every 4 years. Every 4 years my job performance was put to the people for a vote, and 7 times they chose to keep me in office. I am proud and humbled to be elected to serve my community so many times. You can imagine that people call the Sheriff to solve problems, from water being turned off to having loved ones in prison they miss. From go carts in the road to prowlers around their home at night. The Sheriff has to be there for everyone no matter the time or the weather. I did my best to help everyone that I could, and to make everyone feel important. That was an incredible challenge and I am sure I failed at times, but it wasn't because I didn't try.
What’s wrong and right with law enforcement in Athens? How did you adjust the Oconee County Sheriff’s Office to respond to issues of the neighboring county?
In the Bible, Matthew 6:24 tells us that man cannot serve two masters, and no police chief anywhere can be expected to appease a City Council AND a Citizens Advisory board who, from what I can see, can't even decide on what its mandate is. Asking any police chief to do that is a recipe for failure and an endless stream of police chief candidates staying just long enough to polish up their resumes and move on to the next big thing. No one asked me except you, but Athens desperately needs a stable, reliable police chief who can truly become part of this community and someone who knows Athens. It doesn’t need to be the next spot for some Chief from somewhere else to rest his hat for a while. Chief Spruill is transparent, progressive and doing a good job in this community with outreach, and I think he should be allowed to run his department with minimal levels of supervision. Give him a chance to build HIS department and then let him lead it. If he fails, then replace him. But setting him up with an advisory board tells him that this community has no faith in him and to me, that is an expectation neither he nor I would tolerate. I don't believe in "implementing programs" as a law enforcement strategy. "Implementing programs" is a buzz phrase for "give us more money and we might get results." That isn't a strategy at all, that is a cop out. We had a simple program, one that was easy to remember and didn't have a lot of flash or buzzwords to remember when we talked about it. We were a results driven organization. We aggressively pursued criminals and held them accountable for committing crimes, and we worked with the community to do it. Oconee County citizens believed in our mission and supported us across the board. We scoured the earth looking for people who did our citizens wrong and held them accountable. Our violent crime arrest rate was 100% for 28 years....we had ZERO unsolved murders. We put a team on every single murder we had and stayed on it until it was resolved. Excuses were not tolerated and none were accepted. People were put in place that could get results legally and they rose to the challenge each and every time. Overtime, resources--whatever it took--were used and used wisely. My people knew that there were families who needed closure and defendants who needed their day in court, and we provided that every single time. My name was on the door of the office and people knew I was responsible for results. I couldn't blame someone else, the buck stopped with me. That attitude ran through the entire organization because everyone knew what I expected. Our values were our program. We didn't worry about citizens going about their daily lives, we supported them and kept them safe. If you were stealing, robbing, shooting and looting we did our best to catch you and hold you accountable. That was my program.
What do you think of accountability courts, the 50/10 plan, and the impact of a Citizens Advisory Task Force?
The 50/10 plan isn't a plan; it is a problem. I am all for increasing the mental health and drug addiction specialists who serve our community, but not at the expense of police funding or by replacing police officers. I reject it out of hand and if you want examples, look at Minneapolis since they started defunding the police. I like accountability courts. I think they give us a chance to separate those defendants we are mad at from those we are scared of. Accountability courts give a path for redemption and the vast majority of people who take advantage of that opportunity are not people we are scared of. No Court is perfect and justice means different things to different people, but I believe in helping anyone who needs help--especially with mental health or drug addiction issues. Many, many families are destroyed by the scourge of drugs and mental health, and, as the operator of a jail, it is wrong that our jails have become the de facto mental health providers in our counties. Mental health crises and drug addiction are here to stay, and we need to help lift up these families. I think the accountability courts are a key factor in doing so. Paige Otwell at our DA's Office does a great job getting those people where they need to go, and I hope she can continue to do so under the new administration.
James Howard Independent contractor, Amateur NPC Bodybuilder, Trainer, vocalist
Give us some details on your past experience with the criminal justice system. How did you change?
In all honesty, I don't think in my youth I held any notion of a future that extended further than the moment I was in. My life was fast lane, bright lights. I assumed I had arrived. I worked and socialized with people others only recognized as celebrities. I grew up on a dirt road in a trailer... hogs, chickens. And somehow managed to blunder into an episode of Miami Vice. As a 21yr old, my head was blown. I thought it was the apex. The people and women were only seen on tv or in magazines. I don't think I ever planned beyond it. My mindset was much different. But in 1995-96, the party came to a halt. I found myself in serious trouble facing charges that were capital offences. I would be convicted and sentenced to twenty, serving ten. My luck ran out. The biggest part about my calamity was I never had to go to prison. I was never placed at the scene according to five witnesses. So, the state wanted me to testify against my co-defendants. The deal was all charges dropped and my permanent record sealed. I refused, told them to crank the jury. My co-defendants accepted the state's deal.
Upon my conviction they were released, funny thing. The only person that can’t be placed at the scene or identified committing the acts described was yours truly. And those identified all walked. I ate ever bit of it, like a solider. But instead of joining the mayhem, I decided to go about educating myself. I wanted to understand. There was much I didn't, so I sunk into the study of humanity. War, world history, classic literature, economic, formulation of governments, theology…on and on. If I were not working out or running on the yard or in meditation, I was reading, deep in study. My books were brought by hand trucks. The only real contact with the outside world were my book deliveries. Six or seven years into this life, I decided prison was not it. I fought everyday, at times. I experienced many horrific things--men losing their lives or, much worse, their manhood. It was a place where only the strong survive. You are reduced to base nature. I decided I was done. My grandparents did not raise me this way. I changed through educating myself. Armed with new information, I had more options. I understood there is a better way. I vowed to follow my new path. Released in 2007, I had no home--my parents had died during this ordeal. To top that off, family members had my grandfather placed in a nursing home. They had him release power of attorney and sold our home to the sum of 750k. To which I was excluded.
What role did educating yourself play in your life? List some of your highs and lows.
Education created confidence in myself in order to create better circumstances from my seemingly lost occurrences. I'd have to say me taking on representation of my own case James Howard vs the United States Supreme Court is my greatest moment. Where a high school drop out beats the national admittance rate, only 10% of the national cases submitted make it to the Supreme Court. I defeated the federal attorney general and his paralegal team. Then I had to beat the 3% admittance rate for pro-self defendants. This meant that only 3% of self-represented plaintiffs made it before the Supreme court of the United States. I won 3 Supreme court justices, I needed 4 out of the 9. It was held that my case held merit but that it was not politically or publicly impactful enough to warrant the court's intervention. Hell, it took me about 9 years to get there anyway. But I won big in my heart and mind. I did what 90% of law degree grads will never do. I received notice 8wks prior to my release. Undaunted, I was released with 700 bucks and a bus ticket. In these 14yrs I’ve lived more than I ever have--from eating dinner with a former Georgia governor, building a personal training business to competing in national bodybuilding as a NPC bodybuilding competitor at 44 and winning. I've mentored several troubled young men who are doctors and coaches. I've raised public funds to create a business. I’ve written magazine articles, made the front page of my hometown newspaper as a musical vocalist. I’ve also appeared on Fox news channel 12 in Texas. There's more. The lowest point I've ever felt was my first arrest. I was 12 or 13. I snuck out of my home with a group of Caucasian kids. My family may have been like one out of 5 minority families on east side Athens at this time. I was born in 1969 just 5yrs after schools had been de-segregated. But I grew up early, ignorant of racism. My grandparents were great folks. My entire life I never heard my grandfather use a racist slur. He spoke to everyone the same, white or black. He looked them in the eye. And he had no problems showing you the end of a shot gun. But racism itself didn't rear its ugly head till middle school for me. That’s where it all changed. That night I was caught kissing a white girl, and the police threw me to the ground. They handcuffed me and took me to jail. All of the other kids and the adults who took us out bought us beer and all were let go.
What do you think about the Black Lives Matter movement and defunding the police?
I think its one of the most impactful movements of this generation comparable with the 60s civil rights movement in social justice. Private interest groups are the problem within the system. Defunding is not an answer. Locating political affiliation, community ties, and how they delegate their service to the public is. I feel that social behavior and backgrounds need to be checked. Where do ninety percent of these law enforcement officers come from? Poor and lower middle -class, where the racial tension is always worse. Defunded no, fire rehire and increased physical requirements, new training is needed. There are many, many good people in law enforcement. I dont think you guys understand the gravity of the situation. Its a real life game of thrones.
dustin kirby Former public defender/ criminal defense attorney
Give us some examples of what motivated you to start your law firm after leaving the public defender's office?
I could have gone to work for a firm, or tried to transition to a civil law practice but Criminal Defense is my passion. No other area of the law deals in such high stakes. Whether a case is a simple misdemeanor or a complex felony, ultimately, we are dealing with people’s freedom. I take that very seriously.
Public defenders, especially in the Western Circuit, do an incredible job with the work they are asked to do. What I will say is that personal attention and client centered practice is tough when you have a hundred open felony cases. Being in private practice allows me to handle a reduced caseload and give every client the attention they need. One of the drawbacks to private practice, though, is having to turn away people that can’t pay. Focusing on bills can be much less interesting than trying cases.
What advice would you offer others to avoid a hassle with the law?
Unfortunately, there are certain communities that are going to be policed much more strenuously than others. If you live in or are a member of one of these communities, you are much more likely to come into contact with the police. Something that I wish more people knew is how many laws there actually are and how easy it is for police to find an infraction. If I had one piece of advice for people to avoid a hassle it is to follow traffic laws. I stop at every stop sign and every red light before I turn. I set my cruise control and make a note of where my car is every time I go under a yellow light. It’s a bizarre routine but I have seen too many situations where a traffic stop led to a very bad situation.
As a former public defender how often did you see prosecutors overcharging defendants in order to intimidate a plea deal? What do you think about this and how has it impacted the justice system?
I think framing this as a conscious choice by prosecutors to “intimidate a plea deal” is a little over simplistic. The criminal justice system is driven by inertia. A police officer’s role is to gather information, decide if the law was broken, and make an arrest if it is warranted. He also decides what the particular charge will be, and this begins a process that can alter the course of someone’s life. There are enough vague words and questions of intent in criminal statutes that the same actions can be interpreted very differently. Where one officer sees an aggravated assault (a felony) another might see reckless conduct (a misdemeanor). Once the arrest is made, a judge determines if there is probable cause to sign the warrant. This is an extremely low level of proof. Next, it is the prosecutor’s job to determine if there is enough evidence to prove the charge beyond a reasonable doubt. Often times, unfortunately, the prosecutor is just taking the charge given by the officer, reading a police report, and making it official. They don’t do any additional investigation. Now we have three layers of officials who have put their stamp on the charge before the defendant and his lawyer even come to court.
Stopping the boulder becomes harder and harder the further it rolls because incentives and disincentives come into play. If a prosecutor dismisses an aggravated assault charge, his name is on the paper. If the Defendant commits another crime, the public won’t be interested in the details. They will ask, “why didn’t you get this person while you could?”
The problem is this: a person facing an aggravated assault charge is looking at a possible sentence of 25 years in prison, plus all of the consequences of a felony conviction. The same person facing a reckless conduct charge faces 12 months. While the prosecutor may not have over charged the case to “intimidate a plea deal,” when he or she finally realizes that the case isn’t any good and offers a misdemeanor to 12 months on probation, people take it. That is often a completely rational decision. Would you risk going to trial, even if you were innocent, knowing you could go to jail for 25 years? Anyone who says they would never admit to something that they didn’t do has never watched that boulder coming at them.
To answer the second question: I think that the failure to appropriately charge cases has had a terrible effect on what I believe should be the goals of the Criminal Justice system. It clogs up the system while everyone tries to figure out whether a case is legitimate, it prevents prosecutors from focusing on serious threats to the community, and it results in people pleading to things that they should otherwise be fighting. It also prevents prosecutors and judges from hearing what the facts of their cases actually are.
Do you have an opinion of the accountability courts? What effect do you think this has on the recidivism rate?
I think accountability courts can be wonderful and horrific at the same time. On the one hand, where people are ready to help themselves, they can be invaluable in treating underlying problems that bring people into contact with the system. They can be flexible and tailored to individual defendants and can actually achieve the goal of rehabilitation. That being said, I am a purist in what I think our criminal justice system was designed for. Judges are not social workers and neither are prosecutors or defense attorneys. Mixing the two can be dangerous.
By: Troy Copeland
Run…run; de patty-roller catch you. Run….run, it's almost day Run…run, de patty-roller catch you. Run…run, and try to get away. 19th Century Plantation Song
“Fuck tha Police!” roared concert crowds. “Fuck tha Police!” fifteen-inch woofers thundered, rattling windows along narrow city streets. When the riots of ’92 broke, bloodied, and burned much of Los Angeles in response to the acquittal of the law enforcement officers responsible for relentlessly beating unarmed black motorist Rodney King, many of my friends and I--black male teens from a range of socio-economic backgrounds--muttered grimly in accord, “Fuck tha Police.” Some songs become anthems. This one, written and performed by young hip hop artists more than a generation ago, spoke for millions whose communities have historically been terrorized by incidents of excessive and abusive law enforcement. That’s unfortunate. Many individuals in law enforcement are most gallant. I’ve taught several of them and I know them to be among the best or most exemplary persons. “To protect and serve”—a motto adopted by the Los Angeles Police Department in 1963—was appropriated by many other departments across the country. And since most contemporary police officers are committed to the motto, risking their lives for comparably meager pay and little thanks, they don’t all deserve such antipathy. As a matter of fact, the sustainable peace and stability of all communities—even if not especially many of those which have been historically oppressed and/or neglected— depends largely on constructive collaboration between citizens and their local police. This is why the enduring presence of and tolerance for dangerous individuals in law enforcement—individuals prone to brutalize African Americans and other marginalized minorities with excessive, deadly violence--is such a blight on municipalities. With roots in historically classist and racist notions of normality and the desperate need to preserve it, the ongoing attempt to excuse or justify their actions subverts the potential for constructive accord between citizens and those who submit to the responsibility of “protecting and serving” them. This results in volatility. Citizens statistically prone to this kind of abuse begin to suspect any police officer and the system which excuses the likelihood of their excesses of being monstrous. “Fuck tha police…” many curse. Again, this is unfortunate. It’s not the kind of society we want to live in. But we know the story responsible for the sentiment all too well. One day an unarmed suspect moves suspiciously—even looks suspicious—and too often ends up dead at the hands of yet another officer predisposed to using deadly force. Sometimes these suspects are children, even. However, as is also too often the case, a grand jury exonerates the killing--the event never goes to trial. And, in every case, the officer has purportedly responded to the “articulable, reasonable suspicion” of a threat within what is always already presumed to be a hostile condition. Accordingly, the victim might have been holding a gun rather than a cell phone or a toy, might have been high on mania inducing and strength enhancing narcotics, and might have been faster, stronger, and more aggressive than most citizens. Perhaps due to what the “articulable reasonable” justification for violence warrants, one might have to assume that the fault lies with what many call “genetics,” even. The unnatural ability… the proclivity for aggression and violence, too, are myths of racial differences. The hypothetical victim is “black,” after all. Now race is never stated as justification for the killing. That’s what the media attempting to represent concerns of historically oppressed communities generally implies, though. Reporters may ask the question outright: Would this killing have seemed as reasonable or necessary had the slain been white? But why does the killing of an unarmed person of African descent typically warrant that kind of suspicion? Remember, there remains what is popularly characterized as a tenuous if not explosive relationship between some communities and police departments. To whatever degree it is or isn’t ultimately substantiated, many perceive that a kind of cold war endures between such departments and African American communities. I’ve attempted to explain it, striving to provide understanding for that narrative. However, if that tension makes the officer’s “articulable reasonable suspicion” of mortal danger from random black citizens credible, a society that values all lives has to also suspect the possibility of each officer’s irrational, if not malicious, preemption. It has to objectively question the degree to which deadly force is the only “reasonable” option regardless of how well the
suspicion is “articulated.” When a citizen dies unnecessarily at the hands of law enforcement, those who empathize with the victim see a person—an individual—destroyed. As the inestimable, inherent value of personhood remains the cornerstone for moral and ethical judgement in and across most cultures, outrage grows out of whatever extent it seems that acknowledgement of the victim’s personhood was suspended and the degree to which our shared notion of justice encourages and dismisses it. However, to those who fail to empathize, the victim is not a person so much as part of a situation that involves an officer of the law. Accordingly, the officer of the law is also not so much a person as a professional representing a system designed to normalize or standardize situations—especially those perceived to be tenuous and volatile. He or she has to make every encounter something the broader culture and those who hold the power within it can understand or accept. If he or she doesn’t, it threatens far more than the officer involved. It challenges what she or he represents-the shared ideal of what people who claim the culture as their own can or should expect out of one another to feel safe, etc. Accordingly, the victim might have been a legally innocent person or, at the very least, not a person who posed a peril worthy of deadly force. But that doesn’t matter. Likewise, the responsible cop might or might not have been a racist among several racists in any given department. Maybe he or she was simply reckless. Maybe he or she was simply a coward. But that doesn’t matter, either. Neither matters to those primarily concerned with the ideal of “law and order” by any means. What matters to them is the shared ideal of what they think should be normal behavior in any situation. At least as much as law, order supersedes the inherent value of personhood and its wide, variable range of performances as the cornerstone of ethics or justice. And this is a problem. I could tell you that this problem is implied by design--that it is what some call a systemic issue. But you need to know a bit more than most about the origin of American policing to understand. What was originally, essentially a community volunteer’s job, policing as we know it became a centralized, bureaucratic, professional public service in mostly northern cities during the early to mid 19th Century. And, honestly, it was more of a response to the “articulable reasonable” perception of “disorder” amidst the growing industrialization of thriving urban centers than any credible proof of a rising, sweeping tide of criminal activity. Before I knew that, I never thought to question why politicians of a certain rhetorical species tend to tout support for big budget, right-at-all-costs policing as “law and order.” Think about that. What defines the order that law enforcement doesn’t already entail? That takes us back to what I was saying about preserving normalcy/ normality and the cultural expectations that accompany it.
Dr. Gary Potter of Eastern Kentucky University’s School of Justice Studies explains research indicating how modern police forces developed as publicly funded strong arms of commercial/industrial interests: “These economic interests had a greater interest in social control than crime control. Private and for-profit policing was too disorganized and too crime-specific to fulfill these needs. The emerging commercial elites needed a mechanism to insure a stable and orderly work force, a stable and orderly environment for the conduct of business, and the maintenance of what they referred to as the "collective good." Accordingly, “order,” then, has always been about normalizing or preserving behavioral standards that most expediently mediate a compliant, highly hierarchical working populace organized according to class differences and an environment most conducive to thriving markets and commercial activity. Potter goes on to argue, “Defining social control as crime control was accomplished by raising the specter of the ‘dangerous classes.’ The suggestion was that public drunkenness, crime, hooliganism, political protests and worker ‘riots’ were the products of a biologically inferior, morally intemperate, unskilled and uneducated underclass.” In the Northern cities, this “underclass” was largely comprised of destitute European immigrants crowding into ethnically homogenous neighborhoods desperate for access to the “American Dream.” Towards the end of the 1800s, these workers were routinely targeted with preemptive force and violence for attempts to organize and execute labor strikes for fair wages and safer working conditions. In the South, of course, and all over a nation where the defeated Confederacy’s influence would spread like crazed hounds on the trail of emigrating freedmen, the underclass—
the “dangerous classes” referenced enslaved people of African descent. The notorious Slave Patrols throughout the South were created to enforce white supremacy. Organized to hunt and capture those fleeing bondage, to organize the terror necessary for discouraging slave revolts, and to enforce the whims of plantation law, the “paddyrollers” or “patty rollers” as enslaved people tended to call them, evolved with the nation’s and region’s struggle to come to ethical terms with the humanity of persons of African descent—a humanity that could only, if ever, be implied or inferred to the degree that people of African descent were first deemed controlled, subservient…orderly. One cannot, perhaps, overstate the fact that insubordination or resistance to white supremacy by black people suggested dangerous exceptionality. It was a kind of individuality perceived to be pathological rather than the presumed “state of nature” disposition upon which the nation’s founders engineered our democracy. For example, white supremacists considered Drapetomania a malady of the mind that compelled enslaved people to run away in pursuit of freedom, after all. And the so-called disease Dysaethesia Aethiopica’s symptoms were defined as disobedience, insolence, and a general refusal to “work.” The threat of this “abnormality”—this perceived challenge to the efficiency and expediency of production and trade—defined, by contrast, order wherever it emerged. And, as in the North, where the control of European immigrants was concerned, Southern elites developed slave patrols into police departments to resist and stifle situations that seemed reflective of (or conducive to) said pathologies. Whether European immigrants or African American freedmen, the “dangerous classes” were typically poor. And any situation in which those who actually or perceptibly represented them while in conflict with those championing the interests of the economic elite and the inflexible hierarchy from which they derived and sustained their privileged access to power would be deemed anarchic— not necessarily illegal, but disruptive to the idea of order and the relationships between people that order normalizes. When an unarmed citizen is killed by the angels of “law and order,” no crime has necessarily been proven. And it doesn’t have to be. He or she only has to appear to pose an “articulable, reasonable suspicion” of a threat to the officer. Thus, the mere appearance of insurrection—any act that can be interpreted as an attempt to subvert order--may seem, to “bad cops” and those who feel compelled to defend them, a killing offense.
“Nothing personal,” the famous line from movies about organized crime have popularized. “It’s just business.”
Too easily lost in all of this, however, is the fact that, regardless of how they began, police departments as a whole have evolved over the last 150 years or so. And the work most officers continue to perform in all communities throughout the nation is indisputably and indispensably good. There are actual, innumerable threats to a more person-centered concept of what the Constitution calls “the general welfare” and the necessary order required to undergird and perpetuate it. Only our many unsung, heroic law enforcement officers have successfully answered the call to withstand the peril by providing a sane, just, and sustainable order. Thus decent citizens are deeply thankful for and appreciative of them. However, this discussion has attempted to explore and highlight the cultural origins of the mindset vigorously and obtusely allowing (if not encouraging) “bad cops” to operate with impunity. I can’t prove that all bad cops are white supremacists or racists. That’s another conversation. We might, however, assume that there are narcissists, sociopaths, and others who have no business wielding state sanctioned force—that they are drawn to law enforcement as they are to education, clergy, medicine and other professions. We might assume that, perhaps, normalized white supremacist and racist presumptions about some demographics allow (if not encourage) bad cops to abuse their authority. In so doing, we might consider why those still implicitly recognized as America’s “dangerous class” are disproportionately people of African descent. For example, according to data from the National Violent Death Reporting System as presented by the National Center for Biotechnology Information, blacks are 2.8 times more likely than whites to be killed by law enforcement while simultaneously most likely unarmed. Seriously. Of African Americans killed by law enforcement, 14.8% are unarmed. By comparison, 9.4% of white Americans are. If for no other reason, this provides a legitimate basis for relentless critical investigation and meaningful reform. In collaboration with police departments, citizens in every community have a responsibility to further the development of law enforcement policy which protects and serves the humanity we share with those who protect and serve us. Together, we must simultaneously identify and purge departments of those who make a pretense and scandal of their vows. We can begin to do so by acknowledging problems in the inherited ideal of “order” that tends to grant monsters invisibility and immunity. That said, the need to critique our nation’s discourse on “order” does not condemn or attempt to discredit law nor the need to enforce it, however. Criminality, its causes, and potential remedies have inspired and continue to deserve essays of their own. However, though our social contract heritage requires that we be a nation of laws, the complementary idea of order—an idea we mostly create and shape with the shared experiences of culture, not suffrage and legislation—cannot be esteemed at the expense of humanity. To whatever degree it is—to whatever degree we fail to recognize that a highly traditional concept of civic order largely derives from the need to maintain a demonstrably classist and racist status quo--we invite and encourage pathology. We embody it. And those who would exploit that perversity with state sanctioned violence only perform the lengths to which we are all inhumane--"articulable and reasonable" though the performance of that inhumanity may seem.
Letter to the Publisher: Mayor Kelly Girtz
Complexity can be interesting. It makes for great art, whether the layers of rhythm and melody in a Charles Mingus composition, the waves of imagery in Anne Sexton’s poems, or the cascade of memory and emotion that come from a story like James Baldwin’s “Sonny’s Blues.” In the public policy arena, though, complexity can make for challenging work, and there may be no area of public policy in the United States more challenging than the criminal justice system. To offer a current illustration: the writer Eric Schlosser (of Fast Food Nation fame) has been working on a book about the U.S. prison system for fifteen years. Fifteen years. His last book, about nuclear arms, didn’t take that long. So, when actual rocket science is an easy topic compared to an analysis of just one piece of the criminal justice system, you know you’re in for a deep-dive if you want to work in that area.
Nothing we do – at least in local government - is more impactful, whether you’re counting dollars or measuring quality of life. The Athens-Clarke County general fund – the things funded via local property taxes and other sources – are more than 40 percent consumed by just the core local elements of the criminal justice system. The police department, the sheriff’s department, the courts, and district attorney, solicitor, public defense, and probation account for more than $60 million of the $140 million annual budget of Athens-Clarke. And just as significantly, all of those are independently managed offices, with either appointed or elected officials that can have equally independent thoughts about how to operate their units, and how they fit into the larger puzzle of the system. Fortunately, we have been in an increasingly thoughtful and collaborative environment over the last decade-plus. We have instituted and funded accountability courts, the Diversion Center, stronger pre-trial monitoring, Mental Health Co-Responder Units pairing social workers with officers. Just in the last two years, principals within the local system have been meeting regularly, and the County Commission approved funds to ensure that our data management systems are more comprehensive, transparent, and accessible to the public. Now, newly elected District Attorney Deborah Gonzalez and Sheriff John Q. Williams bring even more new energy and good ideas to the local scene.
As complex as the system is, with all its parts and pieces, its various players and funding streams, there is something wonderfully simple to understand too. And that is that we know how to reduce crime, and thereby reduce the burden on the system. It has been clear to analysts and researchers for years that having greater opportunities in life create circumstances in which crime is reduced. Real access to good food, healthcare, safe places to play, and education all mean that crime goes down. It is easy to figure out where crimes are more and less likely to occur. Look for well-resourced places, and you will generally find low levels of crime. Look for places where people are living on the margins, and you will find higher levels of crime. So, while the “criminal justice system” is the focus of this issue of Highlight, it is necessary to acknowledge that the system is rooted in society, with all its beauty and its ills, and it is not a system that is isolated within itself.
This year, to work with a full understanding of the system’s connection to our broader context, the County Commission approved creation of a new Safety and Justice Administrator, whose office will be focused on both ensuring that the system reforms necessary are underway in policing, supervision, incarceration, and similar work - monitoring those accused or convicted in the most appropriate way to reduce further crime, providing ideal training to staff members, and expanding restorative justice opportunities to young offenders, but also looking at “upstream” preventative activities that ensure that the system will be less occupied with criminal activity. That may mean more specific focus on youth development for middle school-aged residents, for example. That is both the time when many young people find a fork in the road of life directions, and also an area where recent Annie E. Casey Foundation data has demonstrated that young Athenians are struggling academically. It could also mean better supports for those citizens returning from supervision or incarceration, and wanting to turn a new page in life, but unable to easily find employment or higher education.
While the road ahead is long, and the volume of needs must be acknowledged, there is every reason to celebrate a commitment from the Athens-Clarke County community for momentum toward better work and more equitable outcomes from both the central pieces of the criminal justice system, along with the circumstances that shape and influence it.
Kelly Girtz Mayor of Athens, Ga.
Athens Eats / meals on wheels
For a day we followed Patrick Howard. One of seventeen “Neighborhood Leaders” in the Meals on Wheels Program hosted by Family Connections. Mr. Howard told us his favorite thing about being a neighborhood leader was the opportunity to learn the needs of his neighbors. People he grew up with in the Fowler Dr. Prosperity Zone. He's also helped residents find assistance during covid-19. For more ways to get involved I encourage readers to go to fc-cis.org/get-involved.
Athens Alliance Coalition Volunteer Cleanup
Once every two weeks the Athens Alliance Coalition host a community clean up. The group covers over 30 homeless camps scattered across Athens. Director of AAC Charles Hardy made it clear that the homeless problem in Athens requires more community collaboration to see a real difference. For more go to https:// alliancecoalitionllc.com/
Accpd citizens police academy
On April 13, 2021 Athens Clarke County Police Department started the Citizens Police Academy. Classes are every Tuesday from 6:30 pm to 9:00 pm for twelve weeks. With the goal of giving citizens access to how officers train to serve the Athens community. The courses range from deescalation, avoidance, tactical decisions, implicit bias training to learning how to operate a taser. This different point of view may offer individuals who may want to participate or give feedback on ACCPD's performance. For more information go to https://www. accgov.com/7389/Citizen-Police-Academy
Modern Pathways to recovery Grand Opening
People Living in Recovery recently partnered with Modern Pathways to Recovery in opening a housing unit available for men recently released from prison. Residents have the opportunity to make a plan in a supportive space to get back on their feet. They are provided transportation to and from work, counseling sessions at the Advantage Homeless Day Service Center, or to enjoy hobbies like fishing. Shane Sims Director of P.L.R told us they are looking to partner with MPR to open another facility to help those during the COVID-19 Pandemic.
SB 202 A Hateful Political Power Grab
As I’ve been following the discourse of the Omnibus Election Reform Bill SB 202, I realize that we are witnessing a battle between what is fact and what is hyperbole. This often seems to be the case within the sphere of political theatre. With the strappings of modernday society and millions of distractions, one can easily be cajoled into accepting hyperbole from sources we think we can trust. The issue is when the elected officials, who by right may seem to be mostly trusted to deliver what is the truth by nature of their most recent election, begin to stretch the truth into hyperbole for the sake of party line politics. Or for short, lie. Now I’m sure that whatever they’re saying the bill does, it does but you have read what they are leaving out to see what’s really going on. Now, I make it a point--to the best of my ability--to take the time to research what I discuss. I study what I need to know to make informed decisions on behalf of the voters in Athens. I don’t expect everyone to be able to do this, and it’s part of my job as I interpret it. Like I always say, I’m not complaining; I’m just describing. The bill has thousands of lines and, I think, is around 93 pages long. However, it doesn’t take long before we see the first political power grab. Below you will find sections of sentences and paragraphs taken directly from the bill as well as my reflections and responses to each. A line thru text indicates what has been taken out of existing law and an underlined text marks what has been added: 184 (a) There is created a state board to be known as the State Election Board, to be composed 185 of the Secretary of State a chairperson elected by the General Assembly Why is this important? Well, as we saw Georgia voting blue in the 3 last statewide elections, this is a defensive move to remove authority away from a potential elected Democratic Secretary of State in view of the fact that the General Assembly will possibly remain in Republican control based on this year’s gerrymandering and redistricting. This directly removes the authority from the people of the state and puts it in the hands of a few elected officials. Then they added this local takeover language: 267 SECTION 6. 268 Said chapter is further amended in Code Section 21-2-33.1, relating to enforcement of 269 chapter, by adding new subsections to read as follows: 270 "(f) After following the procedures set forth in Code Section 21-2-33.2, the State Election 271 Board may suspend county or municipal superintendents and appoint an individual to serve 272 as the temporary superintendent in a jurisdiction…” So, after subverting the will of the citizens of this state by taking authority away from a duly elected official, they empower their political appointee who has no accountability as an elected official to be able to replace other duly elected officials which serve on our local elections boards. Remember that a previous administration tried this with our local school boards and it was resoundingly rejected by the voters statewide. Now, going onto another of myriad reasons, this is a voter suppression bill and not an election security bill as touted. We see a faint shift from the sinister to the almostcomical-if-it-wasn’t-so-hateful part of SB 202 where it literally criminalizes being a Good Samaritan: 1872 "(a) No person shall solicit votes in any manner or by any means or method, nor shall any 1873 person distribute or display any campaign material, nor shall any person give, offer to give, 1874 or participate in the giving of any money or gifts, including, but not limited to, food and 1875 drink, to an elector, nor shall any person solicit signatures for any petition, nor shall any 1876 person, other than election officials discharging their duties, establish or set up any tables 1877 or booths on any day in which ballots are being cast: 1878 (1) Within 150 feet of the outer edge of any building within which a polling place is 1879 established; Remember that existing code is there as written and new code is underlined. We are not making this up. Here it is in black and white. The bill criminalizes offering water or food to people in line to vote. So, you already had the law prohibiting campaigning within 150 feet in the code. Why add no food and no water? Those people need some New Testament if you ask me. While these are just a few examples where the truth is stretched thin in regards to election law in Georgia, there are many more. Putting a drop box in every county is great but limiting them in others is not. Making all the rules the same across the state is a fine talking point but really doesn’t matter because we can’t vote anywhere else because they refuse to allow it. This is not an election security bill as much as it is a voter turnout bill. Policy based on lies is sure to crumble like castles made of sand when voters see what is happening. Power to the people comes from education of the electorate, and I’d rather more votes be counted than less. Don’t let them stop us. Vote.
Spencer Frye State Representative District 118
The truth on sb202 and how it works
As has been widely reported in the news, Senate Bill 202 – the Election Integrity Act – recently passed the House and Senate and has now been signed by the Governor into law. Over the last few days, we saw the MLB pull its All-Star Game out of Atlanta in response to the bill in addition to a litany of other responses in the national media and from large corporations. Frankly, those making these decisions appear to have not read the bill and that is why I’m writing today to give more background on this piece of legislation – and to provide facts, not misleading talking points. SB 202 is a 98-page bill that makes changes to our elections process that will make voting in Georgia more accessible and secure. I’ll begin by highlighting the four major points of this bill. 1. It replaces signature match process with driver’s license number on absentee ballots. 2. Adds drop boxes into the law permanently and secures them around the clock. 3. Requires poll workers to continue counting votes until all are tabulated. 4. It also expands early voting access, especially on weekends How many times have you heard that this new law will restrict early voting access or close the polls early? It’s patently false. In fact, SB 202 expands access to early voting statewide by requiring two mandatory Saturday early voting dates and allowing local election officials the option of up to two Sundays during early voting. This would be for every county in the state for the first time, ensuring a minimum total of 17 mandatory days, with the option to expand up to 19. Prior to SB 202, the law merely stated that early voting would take place during “normal business hours.” This law standardizes that time frame as 9-5, but allows counties to expand that time to 7 a.m. to 7 p.m. Voting on Election Day will still take place from 7 a.m. to 7 p.m. as it always has. Counties can have early voting open as long as 7 a.m. to 7 p.m., or 9 a.m. to 5 p.m. at minimum. President Biden falsely claimed this law would end voting at 5 p.m. The Washington Post fact-checker gave him “Four Pinocchios” for that claim. This legislation requires all voters to provide a driver’s license or state ID card number to request and submit an absentee ballot – leveling the playing field for absentee and in-person voters and dramatically streamlining the vote-by-mail process by replacing the signature match procedure. Ninety-seven percent of Georgians have a driver’s license, and even more have some form of stateissued ID. The three percent of individuals that do not have a driver’s license, under the federal Help America Vote Act, can provide any state form of identification (student ID, water bill, etc.). This new bill secures drop boxes around the clock by requiring they be placed in early voting locations, accessible when the precinct is open, and actively monitored by an election official. Every county will now have at least one ballot drop box, where previously 20 percent of Georgia counties did not last cycle. SB 202 establishes, for the first time, that drop boxes are allowed by law, where previously they were permitted only temporarily for the duration of the Governor’s Public Health State of Emergency and only for the 2020 election. There is also a myth that this new legislation will mean a partisan takeover of elections. In fact, the Election Integrity Act makes election oversight less partisan. Before SB 202, the State Board of Elections was chaired by the partisan Secretary of State. Now, a non-partisan official will chair the bipartisan board. There has also been significant controversy around water – and yet again, significant misinformation. Election officials can provide water at self-service stations to voters within the 150 feet threshold around the precinct to those in line. Beyond that 150 feet threshold, campaign and other activities continue to be permitted like they always have been. Campaigns can even have a food truck or a cookout. Additional provisions in the bill: Requires security paper to allow for authentication of ballots. Requires that local election workers tabulate ballots on Election Day without ceasing until tabulation is complete. Mandates for the first time in Georgia law that poll workers are trained. Allows poll workers to work across county lines to ensure all elections offices have the staff and resources to operate efficiently during an election. Mandates adequate voting equipment at every precinct based on population to ensure there are enough machines. If lines exceed one hour, SB 202 requires local elections boards to take action before the next election to reduce wait time in lines.A voter can also use the last four digitals of his or her social security number. Stateissued IDs are available at no cost to all Georgians via their county elections offices. Before closing, Two other provisions of the bill cuts our runoffs to 4 weeks, sparing us all from 9-week runoffs -- the longest in the nation that lasted through Christmas and New Year’s. The bill also includes our legislation to ensure what occurred in Athens-Clarke County last year - where Commissioner Jerry NeSmith tragically passed away, won the election and yet his opponent was seated despite not earning a majority of votes - doesn't happen again. Let me be clear: Any notion that this bill will restrict access to voting is inaccurate. There is so much misinformation and distortion of the facts. I would encourage the public to read the bill in its entirety and to feel free to follow up with me anytime.
Houston Gaines State Representative District 117 houston.gaines@house.ga.gov
Minority Business Directory
Highlight Magazine intends to help support Black and other minority businesses. Athens is full of entrepreneurs. Call them, tell them Highlight sent you, and support those that make our community a better place. Go to www.highlightathensga.com to find more or register a business.
Business Name Specialty Location Contact
Aaron Locksmith LLC A-Z Junk Removal LLC Chalises Heavenly Inspired Creations By Rise Crowning Tier Group Crystal Clear Windows & Gutters Deans Barber Shop Eat - A - Bite Eye Candy Lash & Brow Bar Farm to Neighborhood Food Truck Builders Gansiry Mireya Braids Grizzly Delivery Heaven's Rainbow Learning Center Her Fashion House
Locksmith
Waste Management Company Luxury Bath & Body Products Custom Cochet Design Accounting Services Window Service Barber / Beauty Shop Southern Barbeque Catering Health/Beauty Affordable Fresh Produce
Custom Vehicle Engineers Hair & Beauty Transportation Services Day Care Custom Handmade Fashion
Athens, Ga (706) 765 - 8445
Athens, Ga. Athens, Ga.
(706) 380 - 6380 (706) 424 - 8963 Athens, Ga. creationsbyrise.com Athens, Ga. (706) 461 - 7746
Athens, Ga. Athens, Ga. (706) 614 - 6798 (706) 372 - 9843
Athens, Ga. (706) 389 - 0846
Athens, Ga. Athens, Ga. Athens, Ga Athens, Ga. Athens, Ga. Athens, Ga.
(706) 619 - 3737 (706) 850 - 4169 (706) 201 - 3982 (706) 540 - 4432 (706) 352 - 3638 (706) 424 - 3178 Athens, Ga. herfashionhouse.com
Jaikal Photography
Photographer Athens, Ga.
(678) 249-9523 Jimmy's Automotive Repair Auto Repair Athens, Ga. (706) 850 - 9298 Key Fit Nutrition / Fitness by Ford Fitness & Nutrition Center 3701 Atl HWY St. 37 Athens, GA. 30606
Lil Ice Cream Dude
Ice Cream Shop Athens, Ga. (706) 308 - 8885
Mack & Payne Funeral Home Mcrae Family Dental MEU Radio
Funeral Home
Dentist
Internet Radio Athens, Ga. Athens, Ga.
(706) 543 - 8213 (706) 546-8480 Athens, Ga meuradioathens.com
Nichols Moving & Hauling Payne Construction Commercial Peachy Green Clean Co-op Peerless Financial Group Pops Socks LLC Prominence Hair Company Rashe's Cuisine
Home Mover
Engineering Cleaning Services Financial Advisor
Clothing Brand Hair Vendor
Catering Services Athens, Ga. Athens, Ga. Athens, Ga. (470) 258-8379 (706) 552 - 3911 (706) 248 - 4601
Athens, Ga
(404) 901 - 7503 Athens, Ga www.popssocks.com Athens, Ga. prominencehairco.com Athens, Ga. rashecuisine.com
Ron L Carson Jr. & Associates Photography / Videography / Marketing Athens, Ga.
Sebastian Salon
Hair Salon Athens, Ga. (770) 744-6403 (706) 224 - 8114
Spiffo Made It Studios The Superior Shine Trend'Setta Kutz
Audio Production
Car Detailing Mobile Barber Athens, Ga. Athens, Ga. Athens, Ga. (706) 207 - 9023 (706) 248 - 5596 (706) 207 - 1519
Troy Copeland Upscale Services Val's Daughter Vendi Cru Wynn Pressure Washing
Copy Editing / Script Writing Construction Company Southern Meal Prep/Catering Athens, Ga. troyofathens36@gmail.com Athens, Ga. (706) 621-1900
Athens, Ga
(404) 661 - 6108 Fashion & Beauty Boutique 3701 Atl HWY St 40 (706) 850 - 6636
Home Improvement