Marsy’s Law – State v. Nigel Burke Brown – Citizens Concerned About the Athens-Clarke/Oconee County District Attorney's Office

Warrant Issued for the Arrest of Nigel Brown

Brown – Order for Arrest_Nigel Brown Download

Nigel Brown Arrested – July 2, 2023

Summary

This situation involves an incident that occurred in June 2022. The alleged victim contacted law enforcement to report a rape and false imprisonment. She provided notice of where the accused could be located and certain items of hers that would still be at the residence. Law enforcement went to the apartment maintained by Mr. Brown in Athens Georgia and met with him. Upon request, Mr. Brown met with the officers and received permission to inspect the apartment from Mr. Brown’s mother. Law enforcement located a black trash bag with the victim’s clothing, plus a damaged cell phone belonging to the victim.

Mr. Brown was charged with rape, false imprisonment, aggravated sodomy, and criminal trespass. His request for bond was denied because (1) he was deemed to pose a significant threat or danger to a person or the community and (2) he posed a significant risk of committing a felony pending trial.

Mr. Brown filed a Motion to Suppress trying to exclude certain incriminating evidence, but that effort was denied by the trial judge. He later filed a motion to exclude statements he made to law enforcement.

The case was scheduled for trial the week of May 8, 2023, but the District Attorney’s Office filed a Motion to Enter Nolle Prosequi to dismiss the charges on May 2, 2023. It was alleged that the victim could not be located and had not communicated with their office. The trial court granted the request on the same date.

On June 12, 2023, several local attorneys filed an Entry of Appearance in the court case on behalf of the alleged victim. She has been located and is more then prepared to fully cooperate with the prosecution of Mr. Brown. Additionally, a urgent request was made to the District Attorney’s Office to file a motion to set aside the Nolle Prosequi and ask the court to place it on the June 26 calendar. In the e-mail, it was explained that this situation is very time-sensitive and the Defendant MUST be tried prior to July 10, 2023 due to the speedy trial demand asserted by Mr. Brown.

The attorneys acting on behalf of the victim have begged District Attorney Deborah Gonzalez to stand up for this victim and be her voice against a predator who attacks the most vulnerable women of the community.

On June 13, 2023, the District Attorney confirmed receipt of the e-mail from the attorneys representing the victim. Ms. Gonzalez agreed her office would proceed with filing a motion to set-aside the Nolle Prosequi. The motion has been filed and a hearing is set for June 20, 2023. The attorney for Nigel Brown filed a Motion to Recuse Judge Haggard regarding allegations of improper e-mails sent to him, but that motion was denied. The attorney for Mr. Brown opposed the request to set-aside the Nolle Prosequi. Without much explanation, the Court granted the request by the District Attorney’s office and the case has been rescheduled for the next trial calendar.

The opportunity for justice for the victim remains!

As an interesting note, Ms. Gonzalez had the opportunity to put Nigel Brown in prison at a probation violation hearing on March 21, 2023. After multiple times being rescheduled, the probation matter was set for a hearing. Ms. Gonzalez states the following:

Ms. Gonzales then admits she failed to subpoena the actual victim since she felt the standard of proof was lower.

If the District Attorney’s Office had properly prepared for the probation violation, they would have been in contact with the law enforcement officer AND the actual victim. This would have resulted in a situation where the probation violation could have been proven and the rape case was never dismissed.

Motion to Set-Aside Nolle Prosequi and Rule Nisi

Brown – Motion to Set-Aside Nolle Prosequi Download

E-mail to District Attorney Deborah Gonzalez – June 13, 2023

Brown – E-mail on June 13, 2023 Download

E-mail from District Attorney Deborah Gonzalez – June 13, 2023

Brown – DA E-mail on June 13, 2023 Download

E-mail to District Attorney Deborah Gonzalez – June 12, 2023

Brown – E-mail on June 12, 2023 with Attachments Download