Fulton County Superior Court Judge Kevin Farmer on Tuesday dismissed the 2023 racketeering indictments against 61 people accused of participating in a years-long campaign to stop construction of a police and firefighter training complex critics call "Cop City."
In his written order, Judge Farmer found that Georgia Attorney General Chris Carr lacked the statutory authority to bring the indictments under the state's Racketeer Influenced and Corrupt Organizations (RICO) law without first obtaining approval from Governor Brian Kemp. Carr's office said it intends to appeal the decision.
“We strongly disagree with this decision and will continue to vigorously pursue this domestic terrorism case to ensure that justice is served,” the Attorney General's office said in a statement.
The original RICO indictment—described by experts as the largest racketeering prosecution of protesters in U.S. history—named 61 defendants and alleged conduct ranging from throwing Molotov cocktails at officers to providing food and logistical support to demonstrators. Each defendant faced up to 20 years in prison on the racketeering counts.
Separately, five defendants still face indictments on domestic terrorism and first-degree arson charges tied to a night in 2023 when masked demonstrators burned a police car in downtown Atlanta and hurled rocks at a skyscraper housing the Atlanta Police Foundation.
Judge Farmer indicated Carr also lacked authority to bring the arson charge but said the domestic terrorism allegation may remain viable even after the RICO and certain arson counts were dismissed.
Amanda Clark Palmer, an attorney for one of the protesters, welcomed the ruling, saying the prosecution “did not follow the law when filing these charges.” She added that the dismissal provided immediate relief but noted the outcome could change if the Attorney General appeals.
Background And Broader Context
The controversy over the 85-acre training center intensified after a January 2023 sweep of the South River Forest when state troopers fatally shot a 26-year-old activist known as “Tortuguita.” Authorities said the activist fired at troopers from inside a tent; a prosecutor later found the troopers' actions to be “objectively reasonable.”
Tortuguita’s family filed a civil lawsuit alleging excessive force, saying the activist had raised their hands and that troopers used less-lethal rounds before the fatal shooting. The incident ignited protests, some of which included vandalism of police vehicles and construction equipment, efforts to pressure contractors, and aggressive demonstration tactics at city meetings and in court challenges to the project.
Governor Brian Kemp praised the indictments as necessary to counter what he described as “out-of-state radicals that threaten the safety of our citizens and law enforcement.” Critics, however, called the prosecutions politically motivated and an overreach aimed at suppressing opposition to a project that ultimately exceeded $115 million in cost.
Next steps include Carr's likely appeal and continued legal proceedings for the five defendants still facing domestic terrorism and arson charges. The ruling also raises broader questions about when state prosecutors may invoke RICO and other serious charges in high-profile protest-related cases without gubernatorial approval.
