Multiple errors by District Attorney Deborah Gonzalez results in dismissal of Armed Robbery and Aggravated Assault charges.
Athens-Clarke County Case No. 1: Shortly after being released from jail in a nearby county on or about February 9, 2023, Mr. Tyler Lamir Ridgeway was suspected of 3 counts of Armed Robbery (Felony) and 3 counts of Aggravated Assault (Felony) related to an incident that occurred on February 16, 2023 in which three separate victims were allegedly robbed at gunpoint. Mr. Ridgeway allegedly stole a Glock handgun and U.S. currency from three males in Athens.
Athens-Clarke County Case No. 2: On February 19, 2023, Mr. Ridgeway was arrested and charged with Fleeing and Attempting to Elude a Police Officer, Obstruction of Law Enforcement Officer, Reckless Driving, Driving Without a License, Speeding, Failure to Stop at Stop Sign, Driving on Wrong Side of Road, Taillight Violation, Theft by Receiving (Felony), Possession of Marijuana (Felony), and Possession of a Firearm during Commission of Felony (Felony). During the traffic stop, Mr. Ridgeway almost caused an accident driving 70 mph in a 25 mph zone. He was found to be in possession of a gun which was stolen from one of the victims of the Armed Robbery three days prior.
The Athens-Clarke County Police Department conducted an investigation, tied the gun found in Mr. Ridgeway’s possession on February 19, 2023 to the Armed Robberies that had occurred three days prior. On February 27, 2023, the ACCPD detective swore out warrants for Mr. Ridgeway’s arrest for the Armed Robbery.
The judge initially denied bond for Mr. Ridgeway in both cases. The deadline for District Attorney Deborah Gonzalez to indict him on his charges was ninety days from the dates of the arrests (around the end of May for both cases).
On June 26, 2023, the Defendant filed a Motion for Bond in both cases. Since District Attorney Deborah Gonzalez failed to proceed with obtaining an indictment against Mr. Ridgeway in either tof the two serious Athens-Clarke County cases within 90 days as required by O.C.G.A. § 17-7-50, Mr. Ridgeway was entitled to a reasonable bond despite his history of criminal conduct and risk of committing additional criminal acts. Without any option to deny bond, Mr. Ridgeway was subsequently granted a bond July 12, 2023. These are Mistakes #1 and #2 by District Attorney Deborah Gonzalez.
More than ninety days after his arrest, indictments were finally prepared by the DA’s office and presented to the Athens-Clarke County Grand Jury in both cases on June 27, 2023 (more than ninety days after his arrest). Arguably, District Attorney Deborah Gonzalez committed another mistake at this time when she did not indict Mr. Ridgeway on one indictment for all charges related to both the February 16, 2023 and February 19, 2023 incidents. This is Mistake #3 which is part of the cause for mistake #5 and #7. Mr. Ridgeway was scheduled for trial in both cases for Athens-Clarke County on December 11, 2023, and his case was being prosecuted by District Attorney Deborah Gonzalez. However, she failed to comply with her legal obligations to provide evidence to an accused by failing to timely provide significant evidence in Athens-Clarke County Case No. 1, such as notes from law enforcement regarding jail phone call recordings and Instagram records which were all detailed in a report from the Athens-Clarke County Detective. This evidence was part of the investigation into Mr. Ridgeway, and the Public Defender detailed in her motion that she only realized that District Attorney Gonzalez withheld this information from her because DA Gonzalez referenced the information in a phone call about the case. As a result, the attorney for Mr. Ridgeway filed a Motion to Exclude Evidence and/or for Continuance because she did not receive the jail phone calls until November 30, 2023, did not receive the officer’s report until December 7, 2023, and did not know that there was evidence from Instagram until she reviewed the officer’s report. Therefore, Case No. 1 was continued from the December 11th trial week. The failure to comply with mandatory discovery laws to provide full and complete evidence to a citizen (one charged with a serious violent felony) is Mistake #4 by District Attorney Deborah Gonzalez.
DA Gonzalez negligently allowed Mr. Ridgeway to enter a plea in Case No. 2 on December 8, 2023 related to the incident on February 19, 2023. This is Mistake #5 by District Attorney Deborah Gonzalez. Mr. Ridgeway plead guilty to numerous charges, including Fleeing and Attempting to Elude a Police Officer, Obstruction of Law Enforcement Officer, Driving Without a License, Speeding, Theft by Receiving (Felony), Possession of Marijuana (Felony), and Possession of a Firearm during Commission of Felony (Felony). He was sentenced to fifteen years and required to serve the first three years in prison. At the time of the plea, he had been in jail since February 19, 2023, which greatly reduces any real confinement Mr. Ridgeway will be expected to serve.
On December 15, 2023, District Attorney Deborah Gonzalez filed a Notice with the Court suggesting that the State of Georgia should be permitted to introduce similar transaction evidence at trial in Case No. 1 related to a theft case in another county and to Case No. 2 in Athens-Clarke County. In her Notice of Intent to Present Evidence of Other Crimes, Wrongs, or Acts, she failed to articulate any specific theory as to why the law would permit her to introduce these incidents in a trial of Case #1, instead quoting all permissible reasons under the statute. In a motion filed on December 29, 2023, Mr. Ridgeway’s attorney objected to this as insufficient notice because it failed to set forth any articulable theory of why these prior incidents should be presented to a jury charged with determining guilt or innocence in Case #1.This is Mistake #6 by District Attorney Deborah Gonzalez.
On December 29, 2023, the attorney for Mr. Ridgeway also filed a Plea in Bar and Motion to Dismiss Case No. 1 involving the Armed Robbery x 3/Aggravated Assault x 3, since District Attorney Gonzalez offered Mr. Ridgeway a plea deal to the Theft by Receiving Stolen Property the same red and black Glock firearm that was part of Case No. 2. By allowing him to plead to Case No. 2 first,admitting only to possessing the stolen firearm, it is well settled case law in Georgia that District Attorney Deborah Gonzalez was then barred from prosecuting him for the armed robberies. On February 29, 2024,the Court had no choice but to grant Defendant’s motion , which resulted in the dismissal of Athens-Clarke County Case No. 1, the Armed Robberies.
It is unknown as to whether the three victims of Armed Robbery were notified of the hearing on February 26, 2024, or whether the District Attorney’s Office has informed them that all charges have been dismissed due to DA Gonzalez and her personal mishandling of their case and lack of knowledge of applicable laws.
It is clear from her actions that District Attorney Gonzalez had no idea of the consequences of her decision-making in these cases – we know this because even after she agreed to the plea in Athens-Clarke County Case No. 2 on December 8th, she then wasted her time and effort drafting and filing that Notice to try to introduce the plea into evidence in Athens-Clarke County Case No. 1 (the Armed Robbery case) on December 15th.
When she took office on January 1, 2021, there were eighteen licensed attorney spots in her office, most of which were filled. Despite substantial increases to salaries in her office (including a $6,000.00 signing bonus), experienced prosecutors have left again and again, and she currently has three licensed attorneys (plus herself) trying to cover all of the courts. She and one other Assistant District Attorney are currently trying to cover four Superior Court courtrooms across the circuit.
DA Gonzalez campaigned on ending gun violence. In addition to her not guilty verdict on gun charges in February (where the jury was out for fifteen minutes), she has now failed to adequately punish a Defendant that her office indicted for (1) using a firearm to steal a firearm (2) using a firearm to rob two other people of money and (3) being found in possession of the stolen firearm while fleeing from the police in a manner that endangered the public.
DA Gonzalez campaigned on a platform of restorative justice. It is not restorative justice to repeatedly violate the discovery laws as to meaningful evidence obtained by law enforcement by withholding important evidence from a person accused of a crime. That is a fundamental and basic right of someone accused of a crime in America. It prejudices persons accused of crimes when the prosecutors fail to timely turn over evidence (good, bad, or otherwise) to a person’s attorney. Her repeated violations of discovery statutes strip defendants of their rights and are the opposite of progressive prosecution and the ideals she espouses. This is how Mr. Ridgeway was treated by DA Gonzalez when she personally prosecuted his cases.
Armed Robbery is a serious violent felony in Georgia. If convicted of Armed Robbery, the mandatory minimum prison time is ten years with no parole. Each count is punishable by life in prison. Mr. Ridgeway was charged with three separate counts of Armed Robbery involving three separate victims, but due to incompetence, for all of his crimes in Athens-Clarke County in February of 2023, he will only serve three years in prison.
In summary, District Attorney Deborah Gonzalez committed a series of mistakes that have resulted in an absolute injustice to the three victims of the Armed Robbery and Aggravated Assault that occurred on February 16, 2023, and violated Mr. Ridgeway’s rights as well by her failure to timely provide evidence to his counsel. Mr. Ridgeway will never be held accountable for pointing a firearm at those victims and stealing their property and money. Instead, he has less than 2 years left on a felony sentence that will have him back on the street to commit additional crimes.
Summary of Mistakes
- DA Gonzalez Failed to obtain Indictment related to the Feb 16 incident within 90 days of arrest = bond was required by Georgia law
- DA Gonzalez Failed to obtain Indictment related to the Feb. 19 incident within 90 days = bond was required by Georgia law
- DA Gonzalez failed to combine the two related cases and indict both incidents under same case number
- DA Gonzalez failed to timely provide the defense with mandatory discovery of significant evidence from the Detective’s investigation, resulting in continuance of the Armed Robbery x 3 case for her failure to comply with discovery laws.
- DA Gonzalez then allowed the Defendant to plead guilty to Feb. 19 incident which included a charge related to the theft of a Glock firearm
- DA Gonzalez failed to sufficiently articulate why the law would permit her to introduce the first offender conviction and conviction from Case #2 in her notice to the Defendant and wasted valuable time drafting a notice in a case that she had already barred herself from prosecuting.
For a seasoned criminal prosecutor, these types of errors are inexcusable. For District Attorney Deborah Gonzalez, these types of errors are unfortunately very common and putting the safety of our community at risk. Change is desperately needed.
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Case No. 1 in Athens-Clarke County (February 16, 2023)
- Bond Granted Due to Failure of District Attorney Deborah Gonzalez to Obtain Indictment within 90 Days
- Indictment
- Motion to Exclude Evidence or Continue Trial
- Notice of Intent to Introduce Evidence of Other Crimes
- Defendant’s Plea in Bar and Motion to Dismiss
Order Granting Plea in Bar
Case No. 2 in Athens-Clarke County (February 19, 2023)
- Bond Granted Due to Failure of District Attorney Deborah Gonzalez to Obtain Indictment within 90 Days
Indictment
- Plea Agreement
- Sentence
Case in Barrow County (November 27, 2023)
- Accusation
- Sentence
- Jail Release