December 01 2018

GEORGIA, HALL COUNTY
CLERK'S OFFICE
SUPERIOR AND STATE COURT
DECEMBER 01 2018
TIME 19:53:17
CHARLES BAKER, CLERK
IN THE SUPERIOR COURT OF HALL COUNTY

STATE OF GEORGIA
STATE OF GEORGIA )
)
vs. ) CASE NO. 2017-CR-1721J
)
ANDREW MYCOSKIE, )
)
Defendant. )
)
GUILTY PLEA
HEARD BEFORE THE HONORABLE BONNIE C. OLIVER, JUDGE
ON NOVEMBER 6, 2018
APPEARANCES:
JENNIFER C. BAGWELL
ASSISTANT DISTRICT ATTORNEY
HALL COUNTY DISTRICT ATTORNEY'S OFFICE
225 GREEN STREET SE, PO BOX 1690
GAINESVILLE, GEORGIA 30503
FOR THE STATE
CHANDELLE T. SUMMER, ESQUIRE

SUMMER & SUMMER
PO BOX 921
GAINESVILLE, GEORGIA 30503
FOR THE DEFENDANT
MATTHEW MOSS, RPR

APPALACHIAN COURT REPORTING
POST OFFICE BOX 943
BLAIRSVILLE, GEORGIA 30514
(706) 745-4455
1 THE COURT: So he has not pleaded yet, right?
2 ASSISTANT D.A. BAGWELL: Not yet, Judge.
3 THE COURT: My law clerk tells me that he believes
4 that this is the courthouse parking lot case?
5 ASSISTANT D.A. BAGWELL: Partially.
6 THE COURT: Well, I'm sure that Ms. Summer's already
7 aware of it but for purposes of the directives of the
8 higher courts, I want to put on the record that I
9 probably -- I don't know -- I definitely know on a close
10 personal level some of the victims in the case, or alleged
11 victims, at this point; in particular Judge Andy fuller is
12 listed on here and Greg Whitmire.
13 Is that Katelyn Woodward, Stephanie? No.
14 So anyway, I just want to, you know, divulge that and
15 make sure that the defendant waives any objection to me
16 sitting in the case.
17 MS. SUMMER: Yes, your Honor, we'll waive any
18 objection to any personal relationships you may have with
19 any of the victims.
20 ASSISTANT D.A. BAGWELL: Judge, this is Case
21 Number 2017CR1721B, the State of Georgia versus Andrew
22 Dylan MyCoskie. The defendant is charged in 21 counts.
23 In the first count -- and they're all criminal damage to
24 property, second degree.
25 In the first count, between March 4th, 2016, and
2
1 March 5th, 2016, he's charged with intentionally damaging
2 a 2007 Dodge Magnum motor vehicle, the property of Jason
3 Bohannon without consent, that damage exceeding $500.
4 This particular car was parked right off of the square
5 next to the old Regions across the street from the side of
6 the federal courthouse on Green Street.
7 In 2002, the defendant is charged with the same
8 thing, criminal damage to property, second degree, on
9 February 8th, 2016, for intentionally damaging a Ford
10 Thunderbird motor vehicle, the property of Greg Whitmire
11 without his consent, said damage exceeding $500. That was
12 one of the cars that was parked here at the courthouse.
13 There were multiple incidents concerning the courthouse on
14 different days.
15 Then in Count 3, the defendant is charged with
16 criminal damage to property, second degree on
17 February 8th, 2016, for damaging a Ford Taurus motor
18 vehicle, the property of the government of Hall County
19 without consent.
20 In Count 4, the defendant is charged with criminal
21 damage to property, second degree on March 7th, 2016, for
22 intentionally damaging a Ford Mustang motor vehicle, a
23 Honda Civic motor vehicle, and a Honda Odyssey motor
24 vehicle, the property of Mac Auto Glass without consent
25 that damage exceeding $500. And those cars were parked at
3
1 the business of Mac Auto Glass.
4 intentionally damaging a Chevrolet Impala the property of
5 Mercedes Buffington without her consent, said damage
6 exceeding $500. That car was parked at the courthouse.
7 And then in Count 6, the defendant is charged with
8 criminal damage to property, second degree on March 7th,
9 2016, for intentionally damaging two Hall County Sheriff's
10 Office vehicles, the property of Hall County and the
11 sheriff's office without consent, said damage exceeding
12 $500. Again, those cars were parked at the courthouse.
14 damage to property, second degree, on March 7th, 2016, for
15 intentionally damaging a Toyota Camry, the property of
16 Debra Pinion without her consent. Again, that car was
17 parked at the courthouse.
20 intentionally damaging three motor vehicles, the property
21 of Sanchez Auto Repair and Alvarado Sanchez, said damage
22 exceeding $500. Those cars were parked at Sanchez Auto
23 Repair on Browns Bridge Road. It was a Toyota Volkswagen
24 and Chevrolet.
4
1 criminal damage to property, second degree on March 4,
2 2016, the defendant did intentionally damage a Toyota
3 Scion motor vehicle, the property of Katelyn Woodward.
4 She was a drug court participant, Judge, I think she went
5 into jail on a sanction and left her car overnight. Then
6 her mom came the next day and noticed that there was some
7 damage to her car. So that was parked at the courthouse.
8 And in Count 10, the defendant is charged with
9 criminal damage to property, second degree on
10 December 29th, 2015, in that he did intentionally damage a
11 1991 Lexus motor vehicle, the property of C. Andrew Fuller
12 without his consent, said damage exceeding $500. That was
13 parked at the courthouse.
15 damage to property, second degree, on January 13th, 2016,
16 in that he did intentionally damage a Toyota truck, the
17 property of John Burroughs without his consent, said
18 damage exceeding $500 and that was parked at the
19 courthouse as well.
21 damage to property, second degree, on and between
22 March 6th, 2016 and March 7th, 2016, in that he did
23 intentionally damage three motor vehicles, of the property
24 of 499 Complete Auto Body Shop without consent, said
25 damage exceeding $500. And that was parked -- those --
5
1 there were three cars that were parked at the complete
2 body -- Complete Auto Body Shop that was on Atlanta
3 Highway that was right around the corner from Sanchez Auto
4 Repair.
7 2016, in that he did intentionally damage a Chrysler PT
8 Cruiser motor vehicle, the property of Sacha Rae Perez
9 without her consent, said damage exceeding $500. That car
10 was parked in the parking lot of Wild Wings.
11 In Count 14, the defendant is charged with a criminal
12 damage to property, second degree on March 6th, 2016, in
13 that he did intentionally damage a silver Chevrolet Impala
14 motor vehicle, the property of Auto Connection of Georgia,
15 without consent, said damage exceeding $500. And that
16 vehicle was parked at Auto Connection of Georgia on 208
17 West Academy Street.
20 that he did intentionally damage a Suzuki Forenza motor
21 vehicle, the property of Auto Connection of Georgia
22 without consent, said damage exceeding $500.
23 In Count 16, the defendant is charged, again, with
24 criminal damage to property, second degree, on March 6th,
25 2016, in that he did intentionally damage a Honda CRV
6
1 motor vehicle, the property of Auto Connection of Georgia
2 without consent, the damage exceeding $500.
4 damage to property, second degree, on March 6th, 2016, in
5 that he did intentionally damage a BMW 528i, motor vehicle
6 the property of US Online Auto without consent, said
7 damage exceeding $500 that was also parked at the -- on
8 West Academy Street.
11 that he did intentionally damage a Cadillac DeVille motor
12 vehicle, the property of Tiffany Shows without her
13 consent, said damage exceeding $500. That vehicle was in
14 the process of being sold to Auto Connection. It was also
15 parked on West Academy Street.
17 damage to property second degree on March 6th, 2016, in
18 that he did intentionally damage a white Toyota Camry
19 motor vehicle, the property of Donna McHugh without her
20 consent, said damage exceeding $500. That was also parked
21 at the Auto Connection lot, and I believe it was being
22 worked on by L & D Automotive. And I don't know if they
23 share a lot or have adjoining lots.
25 damage to property, second degree on March 6th, 2016, he
7
1 did intentionally damage a Pontiac Sunfire motor vehicle,
2 the property of Charles Borders without his consent, said
3 damage exceeding $500. Again, that was parked on West
4 Academy Street.
5 And in Count 21, the defendant is charged with
7 2016, in that he did intentionally damage a Chrysler PT
8 Cruiser motor vehicle, the property of Robert Goodman
9 without his consent, said damage exceeding $500. And
10 that, again, was parked at the lot on 208 West Academy
11 Street.
12 The offenses came to light -- or that the defendant
13 was the one who actually committed the damage came to
14 light on the morning of March 7th, when some of the
15 victims discovered that their cars had been damaged and
16 various reports were made around the city.
17 The video from the parking deck here at the county
18 was pulled as well as the video from the Chevron across
19 the street, and the defendant was actually identified off
20 of the -- he had gone into the Chevron and made a
21 purchase. So and then Lieutenant Bull (phonetic) of the
22 Gainesville Police Department recognized the defendant.
23 And so that led to an investigation concerning the
24 defendant.
25 Many of the vehicles either had -- most of them had
8
1 damage to the roof or the top of the car; also the hoods,
2 there were dents. And then some of the cars had damage to
3 the side panel as if they had been kicked. There were
4 footprints on the majority of the cars. And when they did
5 a search warrant of where the defendant was staying, they
6 found a pair of shoes that the treads on the shoes matched
7 the footprints that were on many of the cars.
8 And although Judge Fuller's car was damaged about
9 three months earlier, the shoe prints were matched -- the
10 defendant's shoes as well as the shoe prints of the other
11 cars that were later damaged in the Hall County parking
12 deck.
13 As far as the defendant's criminal history, he has
14 three cases in, looks like in Fayette County, for doing
15 the same thing with multiple counts of jumping on cars.
16 So that was back in 2000. And then in 2007 in Clayton
17 County he also has a conviction for criminal damage to
18 property; two counts of that as well as possession of
19 tools and a criminal trespass.
20 We have reached out to all of the victims that we
21 could get ahold of over several months. We've been trying
22 to pull together the restitution information. And so
23 there are six victims that are requesting restitution that
24 were able to provide some information that -- concerning
25 the restitution.
9
1 The first one is 499 Complete Auto Body Shop, and
2 there were a total of three cars there, and the total
3 damage was $10,773.14.
4 As far as Judge Fuller's car, he had told us that it
5 was $3,000 damage to his old Lexus LS. And then the Hall
6 County Fleet Maintenance Department reported $2,660 in
7 the --
8 THE COURT: Is that on Count 6, the sheriff's office
9 vehicles or is that on Count 3?
10 ASSISTANT D.A. BAGWELL: Count 3.
11 THE COURT: Okay.
12 ASSISTANT D.A. BAGWELL: And then Ms. Pinion, who
13 works here at the courthouse, the damage to her car is
14 $5,309.64.
15 And then Mr. Whitmire's car was a classic car. And
16 so all of the damage was not covered by insurance, some of
17 the damage was covered by insurance. And so the amount of
18 his estimate minus what he was paid by insurance is
19 $3,247. And then Katelyn Woodward made an insurance
20 claim, so she is out $500 as to her deductible.
21 And so the total is $25,489.78. And none of the
22 victims have really voiced an opinion about the
23 disposition of the case, just the ones that had requested
24 their rest itution were interested in that.
25 THE COURT: Mr. MyCoskie.
10
1 THE DEFENDANT: Yes, ma'am.
2 THE COURT: If you'll stand up.
3 Did you read the petition to enter a plea of guilty
4 that I have before me?
6 THE COURT: Did you understand it?
8 THE COURT: And did you answer all the questions
9 truthfully?
11 THE COURT: And have you read the indictment against
12 you?
14 THE COURT: Do you understand all the charges?
15 THE DEFENDANT: Yes, ma'am, I do.
16 THE COURT: Have you had enough time to discuss the
17 case with your lawyer?
19 THE COURT: Are you satisfied with the representation
20 of your lawyer?
22 THE COURT: You understand that by entering a guilty
23 plea you give up the right to have a jury trial?
25 THE COURT: You give up the right to make the State
11
1 prove your guilt beyond a reasonable doubt to the jury?
3 THE COURT: You give up the right to confront and
4 cross-examine any witnesses or evidence the State would
5 present against you at the trial?
7 THE COURT: You give up the right to remain silent,
8 if you choose to, and not have your silence held against
9 you?
11 THE COURT: Has anyone threatened you or pressured
12 you in any way to get you to enter a plea?
13 THE DEFENDANT: No, ma'am.
14 THE COURT: Has anyone promised you anything in
15 exchange for a plea of guilty?
17 THE COURT: I will go through each one of these. In
18 Count 1, did you do what you're charged with doing; that
19 is, in March of '16, did you damage a 2007 Dodge Magnum
20 motor vehicle in Hall County?
22 THE COURT: And how do you plea to criminal damage to
23 property in the second degree?
24 THE DEFENDANT: Guilty.
25 THE COURT: February 8th, 2016, did you damage a Ford
12
1 Thunderbird motor vehicle in Hall County?
3 THE COURT: And how do you plead to criminal damage
4 to property in the second degree, Count 2?
6 THE COURT: February 8th, did you damage a Ford
7 Taurus in Hall County?
9 THE COURT: And how do you plea to Count 3, criminal
10 damage to property in the second degree?
12 THE COURT: Count 4, did you damage a Ford Mustang, a
13 Honda Civic, and a Honda Odyssey on March 7th, 2016, in
14 Hall County?
16 THE COURT: And how do you plead to Count 4, criminal
17 damage to property?
19 THE COURT: Count 5, on March 7th, did you damage a
20 Chevrolet Impala in Hall County?
23 to property, second degree?
25 THE COURT: Count 6, on March 7th, 2016, did you
13
1 damage two Hall County Sheriff's Office vehicles?
6 THE COURT: Count 7, March 7th, 2016, did you damage
7 a Toyota Camry in Hall County?
12 THE COURT: Count 8, March 6th, did you damage three
13 motor vehicles belonging to Sanchez Auto Repair and
14 Alvarado Sanchez in Hall County?
20 a Toyota Scion motor vehicle in Hall County?
25 THE COURT: Count 10, December 29, 2015, did you
14
1 damage a Lexus motor vehicle in Hall County?
6 THE COURT: Count 11, January 13, 2016, did you
7 damage a Toyota truck in Hall County?
12 THE COURT: Count 12, March 6th, 2016, and March 7th,
13 2016, did you damage three motor vehicles belonging to 499
14 Complete Auto Body Shop?
17 property in the second degree?
19 THE COURT: Count 13, March 6th, did you damage a
20 Chrysler PT Cruiser in Hall County?
23 to property in the second degree?
15
1 a silver Chevrolet Impala in Hall County?
6 THE COURT: March 6th, 2016, on Count 15, did you
7 damage a Suzuki Forenza motor vehicle?
12 THE COURT: Count 16, on March 6th, 2016, did you
13 damage a Honda CRV motor vehicle in Hall County?
16 to property?
19 a BMW 528i motor vehicle in Hall County?
22 property, second degree?
25 a Cadillac DeVille in Hall County?
16
6 a white Toyota Camry in Hall County?
12 a Pontiac Sunfire motor vehicle?
18 a Chrysler PT Cruiser?
23 THE COURT: And I'll accept your guilty pleas.
24 And I guess -- what's the State's recommendation?
25 ASSISTANT D.A. BAGWELL: Judge --
17
1 THE COURT: Or do you have one?
2 ASSISTANT D.A. BAGWELL: I don't feel like I know
3 enough about the defendant's condition to make an
4 intelligent recommendation. I felt like if we just came
5 to court and did an open-ended plea that Ms. Summer would
6 bring the people that the Court needed to hear from to
7 make that decision.
8 THE COURT: All right. Ms. Summer.
9 MS. SUMMER: Thank you, your Honor. I have several
10 witnesses in the courtroom. May they remain during the
11 presentation?
12 ASSISTANT D.A. BAGWELL: No objection.
13 MS. SUMMER: I'd like to first call Sherma MyCoskie.
14 THE COURT: Do you want to cross-examine these
15 witnesses or...
16 ASSISTANT D.A. BAGWELL: They can -- if I have a
17 question I'll let Ms. Summer know.
18 THE COURT: They either need to take the microphone
19 at the podium or the witness stand just because the court
20 reporter --
21 MS. SUMMER: Yes, I agree.
22 THE COURT: -- will be able to hear.
23 MS. SUMMER: I think she can take the witness stand.
24 THE COURT: Okay. Great.
25 MS. SUMMER: I'd like to ask her some questions.
18
1 Raise your right hand. Do you solemnly swear or
2 affirm the testimony you're about to give the Court will
3 be the truth, the whole truth, and nothing but the truth,
4 so help you God?
5 THE DEFENDANT: I do.
6 SHERMA MYCOSKIE,
7 was called, and upon being first duly sworn,
8 was examined and testified as follows on:
9 DIRECT EXAMINATION
10 BY MS. SUMMER:
11 Q. Could you state your full name for the record.
12 A. Sherma MyCoskie.
13 Q. And Ms. MyCoskie, how are you related to this action?
14 A. I'm his adopted mother.
15 Q. And when did you adopt Andrew?
16 A. He was almost three months old.
17 Q. And at the time that you adopted him did you -- were
18 you aware of any type of neurological disorder or --
19 A. No.
20 Q. -- mental condition or anything of that nature?
21 When did you start to observe issues that you found
22 problematic in Andrew's upbringing?
23 A. When he was about three years old.
24 Q. What happened at that time?
25 A. He was in day care and he was so fixed on different
19
1 mechanical items, they could not keep him with other
2 three-year-olds. He ended up in the kitchens, inside
3 dishwashers, spinning them. They actually let him go outside
4 with the gardener because he was fascinated watching the
5 lawnmowers. But at that time we had to go pick him up several
6 times from the day care because he wouldn't nap. He just
7 needed to have something spinning.
8 Q. Did he have any destructive behavior at an early age?
9 A. I think when he was about four or five he started
10 smashing cars, little toy cars.
11 Q. Okay. And did you intervene in any way, take him to
12 doctors and that type of thing?
13 A. Oh yes, of course; they said it was ADHD, and that was
14 the diagnosis for many years.
15 Q. Was he in the regular public school system?
16 A. Yes.
17 Q. And was that problematic or did he do well in that
18 system?
19 A. I had to go often for his not paying attention, not
20 sitting in a chair, being extremely bothered by flashing -- or
21 fluorescent lights bothered him. So they'd have to put him in
22 separate areas where the fluorescent lights wouldn't bother
23 him.
24 Q. Did Andrew have any type of nickname when he was a
25 child?
20
1 A. Airplane Boy because he thought he was an airplane and
2 spun around like one.
3 Q. Okay. And was that constant or was it just --
4 A. You know, we really realized that something was
5 different when other children no longer pretended they're
6 airplanes and he was getting into junior high and he still did.
7 Q. Moving on to his middle school years. Were there
8 signs of problems at that point?
9 A. Yeah, he was only about 11 or 12 when the police came
10 and in the middle of the night asked us if we had a son and
11 where he was. And I said, Well, sure, he's in bed. And they
12 said, No, he's been held at gunpoint by a neighbor because he's
13 out in the neighborhood and jumping on somebody's car. So that
14 was when he was 11 or 12.
15 Q. Did you place him at any programs at that time?
16 A. Yes, he was in all kinds of things. He was in regular
17 boot camp, they call it juvenile boot camp for -- many times.
18 And then he was sent to Inner Harbour, used to be called -- it
19 was a wilderness program. And he was there for a year or so.
20 And then after that was -- I can't remember the exact order,
21 Charter Peachford. I think I have some of the other ones
22 written down.
23 Q. Was there a type of aversion therapy that he was
24 subject to?
25 A. Yes, they tried giving on him ammonia capsules and
21
1 touching cars until he would throw up.
2 Q. Who do that?
3 A. That was Charter Peachford, I believe.
4 Q. So when you say they gave him ammonia capsules, is
5 that a pill or like a --
6 A. They would break them open and smell them.
7 Q. Okay. And then they would have him touch cars?
8 A. Uh-huh (affirmative).
9 Q. Did that have any impact on his condition?
10 A. Not really. He was there for -- he was always in
11 these programs until insurance would say, okay, we're done
12 paying, he's back out. The biggest thing was he went to St.
13 Louis, was in a St. Louis behavioral institute for about six
14 months where they had him in a room with a hospital bed and toy
15 cars and a tape recorder to see if he could control himself
16 from smashing the little cars.
17 And toward the end, again, the insurance says, okay,
18 we're done with this. So the graduation was to take him to a
19 junkyard and he kind of ran away from them, so we're not sure
20 what happened. But that was the end of the insurance money for
21 that.
22 Q. At some point was he diagnosed with a condition other
23 than ADHD?
24 A. Yes, it was finally -- the doctors really didn't know
25 exactly what it was and finally when the DSM had Asperger's as
22
1 a separate category, I think he was 13 or 14 then, they said
2 oh, this is it, this is what this is; Asperger's, OCD, impulse
3 control, and not otherwise specified, developmental delay not
4 otherwise specified were, I think, the four things they called
5 it.
6 Q. And was he -- did he participate in any studies
7 concerning deficiencies in his diet?
8 A. Right, there were a couple things. Princeton did a
9 bio-med study. We took him there, and they said that he -- you
10 know, it was one of those expensive things you take him to.
11 And they tested him and said he had not enough flax seed and
12 couple other things. So he was on a special diet for that.
13 Another one, I think it was Harvard doing a study on
14 it where they started studying him but since he's adopted we
15 didn't have the genealogical strain to see how that might have
16 worked out.
17 What else -- oh, we even had one doctor looking into
18 gamma knife surgery; thought maybe they could isolate the area
19 and take care of it that way but they couldn't figure that out.
20 Q. And then when he was 17, did he get in trouble and was
21 he prosecuted as an adult for damaging cars?
22 A. Yes, yes.
23 Q. And was that in Fayette County?
24 A. That was in Fayette County.
25 Q. And at that point did you begin any type of mental
23
1 health treatment at Emory University?
2 A. Right, the doctors that had been working with him,
3 psychologists and psychiatrists were just kind of stumped and
4 they referred me to Emory. That's where we met Dr. Babcock who
5 took on his case. And at the same time he got us involved with
6 a woman from the mental health association -- I forgot her name
7 now -- but anyway she said it was -- so she worked to get him
8 24-hour Medicaid residential placement.
9 Q. Okay. And is that what he has today?
10 A. Yes, he does.
11 Q. He has 24-hour Medicaid placement?
12 A. Right.
13 Q. And who manages that Medicaid placement?
14 A. I do now.
15 Q. At the time that this -- these offenses occurred back
16 in approximately February or March, most of them, 2016, was he
17 in the same living situation that he's in today?
18 A. No, after the trial when he was 17 he was in group
19 homes for many, many years. And then he was put in a host home
20 which is just one family. And everything was going so well
21 after all of that -- I mean, he's -- he's not a belligerent
22 person, never has been, very friendly.
23 And just -- just loves people and everything was going
24 so well that started trusting him more and more, he'd actually
25 earned a few hours totally free time. And I moved up here in
24
1 Gainesville and his brother and sister lived here so I wanted
2 to move him up here with us.
3 So we did. But there were no group homes or host
4 homes here in this county, not in Forsyth or Hall. I tried
5 both of these counties, couldn't find any. But he was doing so
6 well that we found two things: This group called Our Neighbor,
7 who has homes that are kind of like halfway houses, young men
8 kind of like him.
9 And they gave support, they had somebody to come give
10 him medicine, somebody to help with cleaning but people didn't
11 say to stay there overnight. And then they didn't handle the
12 funding though, so another place called Georgia Pals handled
13 the Medicaid waivers. So he went to them for day-hab programs
14 and then went home to Our Neighbor at night.
15 And we thought things were going okay.
16 Q. And the Our Neighbor program does not have 24-hour a
17 day supervision?
18 A. No, and they doled out the meds but never watched him
19 take it and he had never taken them.
20 Q. Did he move a lot during the time he was in the Our
21 Neighbor program?
22 A. Yes, he was with them for about a year and three
23 months and they moved him four times. They would lose their
24 leases or people would sell the homes or they couldn't afford
25 one or the roommates would change. So they moved him four
25
1 times which was really pretty traumatic for somebody with
2 autism.
3 Q. And you say autism but he was diagnosed as Asperger's;
4 is that correct?
5 A. That's part of autism. It's the autism spectrum.
6 Q. And that's no longer considered a condition?
7 A. No, it's so much autism and they just --
8 Q. Call it autism spectrum disorder?
9 A. Right, uh-huh (affirmative).
10 Q. Now, he's been diagnosed with autism spectrum
11 disorder; is that correct?
13 Q. And he received a Medicaid waiver so his --
15 Q. -- he's given funding?
16 A. Right. When -- when we realized this happened then I
17 immediately went into place to change everything we could. We
18 still could not find a host home or a group home, but I bought
19 a security system for the house; paid people extra to stay with
20 him, watch his meds. Did that for as long as it took me to
21 sell a rental property I have and buy a house here for him to
22 have a permanent house, permanent alarm system; shopped around
23 to find the exact right caregiver people which is Justin
24 McCloud and Brenda.
25 Justin has been in this mental health field for many
26
1 years, and he and his wife now live here 24/7 in the house. So
2 right now we have everything just -- everything is just lined
3 up perfectly.
4 Q. And there have been no other incidents?
5 A. No, not at all. He's -- he's never out of line of
6 sight supervision except when he sleeps which is in his bedroom
7 in that house with alarm system on which he does not have the
8 code to.
9 Q. And when did you purchase the permanent residence here
10 in Gainesville?
11 A. A year ago, July.
12 And the Medicaid waiver, the company that was handling
13 that, they were not real reliable. So I found out that I could
14 take it on myself to make sure that the caregivers were paid
15 their full amount of money that they were supposed to and the
16 funding wasn't going anywhere else. So we have a fiduciary
17 company now that handles the money, I can't touch the money.
18 It goes to them, but I can direct who gets paid for
19 what hours they work.
20 Q. If Andrew goes to jail what happens to his Medicaid
21 waiver and funding?
22 A. Well, it's, of course, suspended immediately. We can
23 apply for it again later. It did take us two years to get it
24 the first time. And the most important thing to all of us is
25 that we would lose Justin and Brenda, the caregivers that are
27
1 just the best things that's ever happened to his life because
2 they'd have to go get jobs.
3 Q. Okay. Had -- are there difficulties with Andrew's
4 social interactions with people?
5 A. He really has none accept for Justin and Brenda.
6 Q. And has he had personal hygiene issues?
7 A. Yes, he's -- he's smart enough to do computer stuff,
8 but he does not understand hygiene, never would brush his
9 teeth. As a result all his teeth were pulled in September.
10 And he's having sensory trouble trying to put dentures in his
11 mouth, so he has not had any teeth for a couple months.
12 Q. How would you describe Andrew's personality?
13 A. A big teddy bear. Everybody that knows him really
14 likes him. He does speak on his own level, though, which we
15 have no idea what he's talking about because it's not personal
16 related. It's all technical-related stuff, and so he really
17 doesn't have any friends that listen or understand what he's
18 talking about. But very friendly.
19 Q. What do you -- what are you asking this Court to do as
20 far as a sentence is concerned?
21 A. Not put him to jail, please. He -- when he was in he
22 was made to do sexual acts on people; he was beat up many
23 times. They put him in solitary confinement for his benefit.
24 If there's a way to do an ankle bracelet or anything, he's
25 pretty much in jail now.
28
1 Q. You mean he's in a confined situation?
2 A. Right, he's not ever allowed out of someone's line of
3 sight.
4 Q. When you had him with Our Neighbor and it was not as
5 structured as the situation he is in right now, did you think
6 there was any risk?
7 A. No, we thought he had grown. And we didn't have a
8 clue until he got arrested. And even hearing this today, I
9 didn't know that there were all that many when he was arrested
10 then. And I thought oh my God, he didn't grow out of it like
11 we thought was happening.
12 Q. So it was more than ten years since the last incident?
14 Q. Where he was arrested?
15 A. Right.
16 Q. Now --
17 A. And '07 was when his father died and that's when he
18 did the most recent thing.
19 Q. 2007 is when his father died?
20 A. Right.
21 Q. Are you concerned about if the Court were to
22 incarcerate Andrew what would happen when he gets out of jail?
23 A. Absolutely. He will still live in Hall County but
24 without -- I would have to try to rebuild all the supports
25 again, which I would. But he'll be out here without anything.
29
1 Q. But you indicated it takes two years to get the
2 Medicaid waiver in place?
3 A. That's how long it took to get the first one.
4 Q. As far as the restitution amount, are you willing to
5 help with the restitution as much as you can?
6 A. I'll do what I can. I am 70 and living on my pension,
7 and I have a mortgage on my house. But I'll do, you know, if
8 there's -- if I'm responsible...
9 Q. Is there an amount that you believe that Andrew could
10 pay from his Medicaid funds toward restitution?
11 A. Well, I wrote down, he gets his social security
12 disability, and I've written down all the bills that I pay for
13 the house. And it ends up there's $200 a month and that I was
14 using for clothing and for toiletries. If they did do an
15 outing I used that money to pay for that, but those things
16 aren't a necessity of somebody's life.
17 Q. Let me show you what I've marked as D-1 and D-2. What
18 are -- what is D-1?
19 A. This is his Medicaid waiver. This was the approval.
20 It goes from birthday to birthday which his birthday's
21 August 2nd. So this is the approval. It's hard to read this,
22 but he has -- for his living he has $51,000 to support his
23 24-hour, seven-day support, living support.
24 And then this one is the page that I use that I
25 approve when Justin and Brenda turn in their hours, we approve
30
1 it and we subtract it from this amount.
2 Q. And this is?
3 A. And this is from the State of Georgia showing his
4 money and this is from --
5 Q. D-2?
6 A. Yeah, D-2 is called -- Justin, what's it called? The
7 partnership, public partnership, it's the fiduciary company.
8 MS. SUMMER: I'd tender D-1 and D-2.
9 THE COURT: You may.
10 (Defendant's Exhibits 1 and 2 tendered and admitted
11 into evidence.)
12 BY MS. SUMMER:
13 Q. Now -- I'll take those back.
14 Is it your position that he could spare $200 a month
15 for the restitution?
16 A. He would have to; yes, he's guilty, he's done this.
17 He would have to do without.
18 Q. So for -- that would be approximately $2,400 per year
19 that could be dedicated to restitution for the victims?
20 A. Uh-huh (affirmative), uh-huh (affirmative).
21 Q. Have you done everything possible to try and curtail
22 this type of behavior?
23 A. I -- when I retired from Delta, I retired early and I
24 went back into the education field. I got my masters in mental
25 retardation specializing in autism so I could try to
31
1 understand, try to help. Fayette County had me do a seminar
2 for all new teachers coming in to describe what it's like to be
3 a student with autism from an educator's point of view and from
4 a parent.
5 I closed every hole I could with the not moving
6 anymore, permanent residence, alarm systems, support -- built
7 the support team that I listed the names of everybody; the
8 caregivers, the best 24-hour live-in caregivers I could find.
9 I believe I have done everything.
10 MS. SUMMER: Thank you.
11 THE COURT: Ms. Bagwell, any questions?
12 ASSISTANT D.A. BAGWELL: I've just got a couple -- a
13 couple of questions.
14 THE COURT: Okay.
15 ASSISTANT D.A. BAGWELL: And I bet you have a good
16 answer for them because it sounds like you have done a
17 lot.
18 CROSS-EXAMINATION
19 BY ASSISTANT D.A. BAGWELL:
20 Q. I was just wondering when the two caregivers -- you
21 said they are married?
22 A. Well, they are domestic partners.
23 Q. Okay. So do they ever need to go anywhere together
24 and do you have somebody set up to cover when they need a break
25 or a vacation?
32
1 A. Me.
2 Q. Okay.
3 A. Or occasionally his brother and sister-in-law.
4 Q. Okay. And then how does it work --
5 A. Nobody else.
6 Q. How does it work -- do you ever -- does Andrew ever
7 get to go anywhere?
9 Q. How does that work?
10 A. Well, they have relatives in West Virginia up in the
11 mountains. And every few months they'll go up there for a few
12 days which is wonderful because it's like a wilderness program
13 again. He gets away from computer and so he gets to travel
14 with them when they do that.
15 Otherwise, you mean, like -- they don't really do
16 social things. They'll go out to eat.
17 Q. Okay.
18 A. They don't really do any other social things.
19 ASSISTANT D.A. BAGWELL: That's all the questions I
20 have.
21 MS. SUMMER: May this witness step down?
22 THE COURT: She may.
23 THE DEFENDANT: Thank you.
24 MS. SUMMER: I'd call Dr. Babcock.
25 Raise your right hand, please. Do you solemnly swear
33
1 the testimony you're about to give on the issue now
2 pending shall be the truth, the whole truth, and nothing
3 but the truth, so help you God?
4 THE DEFENDANT: I do.
5 ROBERT ARNOLD BABCOCK,
9 BY MS. SUMMER:
10 Q. Have a seat, please.
11 A. Thank you.
12 Q. Would you state your name for the record.
13 A. Robert Arnold Babcock.
14 Q. And Mr. Babcock, how are you employed?
15 A. I am self-employed -- well, I'm employed by R.A.
16 Babcock and Associates which is an LLC. We provide
17 psychological and behavioral services for persons on the autism
18 spectrum both in Georgia and in Atlanta. I work extensively
19 with school systems as well as through Emory University where
20 I'm a adjunct faculty, and I supervise the training of graduate
21 students who -- Georgia State's program there, their field
22 practicum to become board certified behavior analysts.
23 Q. Have you ever testified in a court of law as an expert
24 on autism spectrum disorders?
25 A. Numerous times, yes.
34
1 Q. And have you written any books or publications?
2 A. My publications are in applied behavior analysis. And
3 I really don't come -- I'm not a researcher, so I have a
4 limited number of publications. I do have a publication in
5 both -- actually my substantial publications are in staff
6 management and organizational behavior management, that is
7 quality maintenance for human service organizations which is
8 where I did my dissertation and my primary research.
9 MS. SUMMER: Your Honor, I would tender Dr. Babcock
10 as an expert in autism spectrum disorder.
11 ASSISTANT D.A. BAGWELL: No objection.
12 THE COURT: All right. You may proceed.
13 BY MS. SUMMER:
14 Q. How do you know Andy MyCoskie?
15 A. I met Andrew at the Emory Autism Center in the year
16 2000. I was brought in to evaluate him and decide -- to advise
17 the Court, Judge English in superior court in Fayette County
18 requested that an expert be brought in to try to assist in the
19 deposition of his case, which I believe you've already
20 discussed on the record.
21 Andrew at the time had spent a year in Fayette County
22 jail where the sheriff there had taken extensive precautions to
23 try to protect him, unsuccessfully, from being victimized. And
24 we evaluated him, Kathy Rice and I evaluated him using the
25 Autism Diagnosis Observation Schedule, the Autism Diagnosis
35
1 Interview, the Gilliam Autism Rating Scale, we also did the
2 Kaufman Intelligence Test.
3 And we did an extensive workup to try to understand
4 Andrew's functioning capacity and what was going on with him at
5 that time. And I testified in court. And at that point -- and
6 I think it remains the case today -- Andrew presents a mixed
7 picture. He's quite skilled in technical areas but he's
8 functioning at about the three-year age level.
9 Now, that's based on the evaluation of social skills
10 that was done at that time. But what we know from the research
11 literature in autism is that that level of functioning tends to
12 be very stable over time. And so while I've not evaluated him
13 more recently, just by talking with him I can tell you that his
14 ability to protect himself in social situations is extremely
15 limited.
16 Q. Okay. What -- are you familiar with the history of
17 damage to cars which began at an early age?
18 A. Yes, in fact, we looked at that when we were
19 evaluating him. And it's a very sad story; what had happened
20 up until the year 2000 is that Andrew's available services were
21 determined by the insurance policies. And you have to
22 understand that it wasn't until 1994 that, when DSM-IV came
23 out, that someone such as Andrew would be recognized as having
24 autism. That's when Asperger's syndrome, when PDD-NOS entered
25 into the DSM-IV.
36
1 Before that, in order to be recognized as having
2 autism you had to have such significant impairment in language
3 that you're functionally very different from Andrew. And so he
4 was misdiagnosed, and it took a substantial period of time
5 after '94 for clinicians to begin to realize what to do about
6 autism.
7 In Andrew's case, he was treated as if his jumping on
8 cars was obsessive-compulsive behavior. Obsessive-compulsive
9 behavior is driven as an anxiety disorder and none of the
10 treatment that he received prior to 2000 did any good. It was
11 essentially all -- it was as if you were treating a heart
12 condition as if someone had diabetes. It's fundamentally the
13 wrong treatment.
14 And so he'd been through a lot of treatment. His
15 parents had sought -- and I think Ms. MyCoskie described the
16 treatments -- and they've sought assistance for him. The
17 school system recognized that he had Asperger's in his high
18 school years but did very little to address it.
19 They basically thought he was doing fine in classes
20 and didn't provide much in the way of assistance. And once we
21 got involved we did get them to try to work with him in shop
22 class, thinking that maybe he could work on repairing
23 automobiles. That didn't work out very well.
24 And I had him in the autism support groups that I ran
25 at Emory University. And at that time his perseveration with
37
1 jumping on automobiles and with airplanes, this fantasy world,
2 was so powerful that it was very clear that he had to be under
3 continual supervision. There just was no way that if Andrew
4 were allowed to have free time in the community that that would
5 be safe for him or for property he would damage.
6 I know that Andrew pled that he takes responsibility
7 for all the incidents that were described in the reports. But
8 his memory, as he's described it to me -- both back in 2000 and
9 now -- of these incidents is that once he realizes that he's
10 not under supervision and he starts fantasizing about this
11 stuff, he completely whacks out. He doesn't remember the
12 triggers. There are no interventions that you can do to try to
13 identify what those triggers are.
14 And so it's been very difficult for him to develop any
15 control or self-management over this. The important safety
16 consideration here is that Andrew mustn't be in a situation
17 where he isn't either in line of sight of someone or he isn't
18 behind a secure barrier.
19 Now, when he is, he's very agreeable. You can take
20 Andrew out in the community and if you're right there with him,
21 he's not going to have an impulse to jump on cars. It just
22 doesn't happen. Except -- well, he might have some feelings
23 about longing to, but it doesn't overpower him until he knows
24 that he's not being directly observed.
25 At that point he loses control and that hasn't changed
38
1 since 2000.
2 Q. Now, did this start with some type of video on monster
3 trucks?
4 A. Yeah, which is not unusual for kids with autism, that
5 they get into a fantasy world. And the fascination with
6 objects, mechanical fascination is something that we know in
7 autism that there's strong connection in the brain in some
8 areas that can lead to a lot of fantasy and that there are very
9 weak connections in other areas involved in impulse control.
10 And there's significant deficits in social skills.
11 Q. How old was he when he saw the monster truck video?
12 A. As I understand it, four years of age. And at that
13 point, as it's been described to me, that's when things started
14 to become -- that became a perseveration of his.
15 Q. What is a perseveration? What is that?
16 A. I'm sorry. Perseveration is a technical term that
17 simply means the person is stuck thinking about something over
18 and over and over again and can't get away from it. For
19 example, a famous person with autism who's a professor in
20 Colorado, Temple Grandin; it is said about Temple that all
21 conversations turn to cows. That's her perseveration.
22 She's been able to make a living out of it because she
23 had early intervention and was able, during the developmental
24 period she had a lot of work through speech therapy, and she's
25 been able to manage it in a productive way. Unfortunately, in
39
1 Andrew's case, he didn't get any of that during the
2 developmental period.
3 And the way autism works is that once -- well, simply
4 put, as the twig is bent so grows the tree. Once you get to
5 the age of 13 or 14 you can't retrain the brain. We've got
6 studies where skills that people did not have -- that related
7 to critical brain deficits, have been trained with it, done
8 FMRIs before and afterwards, and what they found is no change
9 in the structures that you would normally develop.
10 And so in Andrew's neurophysiological development it
11 didn't get addressed during the time that there was adequate
12 plasticity and ongoing brain development well enough for him to
13 not have this perseveration and loss of control be something
14 where he's going to be facing it.
15 Q. And how is he -- how would he do in a prison
16 environment?
17 A. Judge English concluded in 2000 that it would be a
18 death sentence. And I concur that today that would still be
19 the case. Andrew does not have the ability to read other
20 people's perspectives. Theory of mind is one of the deficit
21 areas in autism that we see the most, and Andrew is not capable
22 of knowing what social communication with other -- what other
23 inmates would need to tell him in order to remain safe.
24 And so if you put him in a prison, you have to be
25 either doing a tremendous amount of work through ADA to adapt
40
1 the prison environment to maintain his safety or he would have
2 to be in solitary confinement which would be, you know --
3 Q. Okay. Oh, go ahead. I'm sorry.
4 A. It just would be cruel and unusual to put somebody
5 who's functioning at three years of age -- what we concluded in
6 2000 and what I believe still remains the case is it's just not
7 safe to put him anywhere you wouldn't put a three- or
8 four-year-old.
9 Q. Now, you've made some recommendations and you have a
10 report here?
11 A. Yes.
12 Q. Defendant's Exhibit Number 3; is that correct?
13 A. Yes. Which report? You're talking about the --
14 Q. The consultation summary?
15 A. Yes.
16 Q. And you have some recommendations --
17 A. Yes.
18 Q. -- on page 6?
20 Q. And the first one is close monitoring?
21 A. Yes.
22 Q. Are you familiar with his present living situation?
23 A. It's been described to me, I've not physically seen
24 it. But as I understand it he lives on the first floor of a
25 residence where the only method of egress is alarmed in such a
41
1 way that he does not have the code and cannot get out without
2 triggering the alarm or without going upstairs.
3 And there are people upstairs so that at night or when
4 he's not being directly supervised by someone it's not possible
5 for him to exit the building. And I think it's very important
6 to realize that Andrew's technically quite skilled. So that
7 alarm needs to be monitored carefully and kept secure.
8 But I believe that that is realistic to do with him,
9 and he can relax when he's in that situation because he knows
10 that he's not the going to be able to get out of the building.
11 Q. Your second recommendation is social supervision?
12 A. Yes.
13 Q. What do you mean by that?
14 A. Well, what I mean is that -- well, actually, there are
15 a couple of things here. One is that Andrew, when he's out in
16 the community, needs to have somebody with him directly
17 supervising him in line of sight. And if that's going on, he
18 has never not cooperated with somebody who's with him.
19 The times that he's gotten into trouble have been when
20 there's nobody there to tell him, hey, guy, let's go this way,
21 huh. So that needs to be the case. And I was just listening
22 to Ms. MyCoskie's description of what happened with Our
23 Neighbor and I just, you know, I'm appalled. Because
24 essentially what happened is that they didn't realize how at
25 risk he was.
42
1 And without him being confronted at the end of an
2 episode, he wasn't reporting that this was going on and so
3 damage -- 21 counts were allowed to occur. When we first
4 placed him at United Cerebral Palsy and they read our
5 evaluation from 2000, they took responsibility. And that meant
6 that there were a couple of times that Andrew got out from
7 their supervision.
8 One was when a staff member took him home to her
9 residence and then went inside and got busy with something, and
10 he took off. And he damaged a car at that point, and they paid
11 for the damages because they recognized that Andrew can't be
12 unsupervised, that that was a staff error. So I think that is
13 what he deserved, okay.
14 And I think that Our Neighbor really dropped the ball
15 here. You can't expect someone with severe autism who's had a
16 stable pattern like this to just get over it. The fact that
17 you've not been watching him and you don't seem him having done
18 it doesn't mean that he hasn't jumped on cars. And so I think
19 it was a tremendous mistake on the part of that organization to
20 allow that to occur.
21 And, of course, without the parent being informed that
22 car jumping was occurring she would have no way of knowing
23 that, in fact, that was going on.
24 Q. Is there any treatment for this type of condition?
25 A. I, at this point, don't think that it's realistic to
43
1 guarantee that there's -- well, first of all, you never
2 guarantee that treatment works. But I don't think that there's
3 any treatment that could equip -- I know from the research
4 literature that we cannot address the theory of mind, that we
5 cannot address the perspective-taking skills that would inhibit
6 this kind of behavior that would also make him safer in an
7 incarceration setting.
8 The literature says that what we know how to do
9 doesn't work at all well. We don't have any treatment that
10 will effectively suppress this kind of behavior. Now, what
11 might be possible to do is to teach Andrew to identify times
12 when he's not being supervised and to seek supervision.
13 But there's a problem with doing that, your Honor,
14 which is that, frankly, you don't want to take a lot of risks
15 with this. So you can't have a lot of times when he's without
16 supervision to work on teaching him to manage that. So at this
17 point I can't say that we have an empirically validated
18 treatment that we would expect to work.
19 Q. So the highest priority as far as you're concerned is
20 continued supervision?
21 A. Continued supervision and having the resources
22 necessary to do that.
23 And I think one of the other things I'd like to
24 mention to the Court is that Andrew has done a tremendous
25 service to countless other individuals on the autism spectrum.
44
1 Because in 2000 when we were facing him either going to prison
2 or getting waiver support funding for him, at that point in
3 time DBHDD did not provide waiver support funding to anyone
4 whose IQ was over 70. And Andrew has an IQ of 105.
5 And it was by threatening to subpoena the Medicaid
6 commissioner that we got the Department of Behavioral Health
7 and Disabilities to recognize that persons such as Andrew, in
8 spite of his IQ of 105, the nature of his social disability is
9 so severe that he needs as much supervision as somebody who's
10 severely or moderately mentally retarded.
11 And so the -- and there are now waiver funds available
12 to many people with Asperger's syndrome in the state who
13 have -- it's called Level 1 autism now. It's just been morphed
14 into the overall spectrum. But people with Level 1 autism
15 without intellectual deficits would not have been funded if it
16 hadn't been for -- that case began a stream of efforts.
17 We were able to take that forward to the legislature
18 and get a change made in the law. But Andrew was part of that,
19 creating the supports, and that was a necessary thing.
20 MS. SUMMER: Thank you.
23 Q. What is Level 1 autism?
24 A. Level 1 autism is people with autism that -- and
25 actually I -- it's people with autism who are verbal and who
45
1 have some impairment but it is not so severe that it completely
2 debilitates them. And actually thinking about it, Level 1 and
3 Level 2, Andrew is probably Level 2 in the sense that he
4 doesn't bathe unless he's reminded; he doesn't take meds unless
5 he's reminded; he doesn't brush his teeth; he doesn't care for
6 his ADL. So that's actually misspeak on my part.
7 The Asperger's syndrome typically translates into
8 Level 1 autism in the change from DSM-IV to DSM-V. But in
9 Andrew's case it would probably be Level 2, which is
10 significant impairment in his functioning.
11 Q. How many levels are there?
12 A. Three.
13 Q. So are you familiar at all with Andrew going to Avita
14 Community Partners and the diagnosis from there?
15 A. No. When was this?
16 Q. October 6th, 2016.
17 A. Yeah; no, I've not seen that evaluation.
18 I'd be happy to look at it if you want me to.
19 Q. So the -- and this is the only thing that I have so
20 far but -- prior to hearing from you today.
21 Says mild autism spectrum disorder.
22 A. Mild, yeah, well, again it depends on what part of
23 Andrew you look at it. If you look at his ability to maintain
24 a superficial conversation or describe his interests, his
25 verbal ability, Andrew looks like he's functioning very well.
46
1 But if you look at his ability to self-manage and his
2 difficulties with impulse control when he's not supervised,
3 he's not functioning at all.
4 He's at -- at a very -- I mean, he needs a level of
5 supervision that you would not expect for somebody who has mild
6 autism. And so he really is a mix of strengths and weaknesses,
7 and they are neurologically based. I mean, that is not -- we
8 did enough diagnostic evaluation with him to sort of sort that
9 out using the gold standard instruments which are the ADOS and
10 the ADI -- the Autism Diagnosis Observation Schedule and the
11 Autism Diagnosis Interview.
12 And so the evaluation we did in 2000 with Andrew was
13 very thorough. And it really did highlight his areas of
14 strength but also his areas of weakness. And unfortunately
15 it's easy to look past the areas of weakness and to get fooled
16 by his strengths. And I think that's probably what happened
17 with the people at Our Neighbor is they were blinded by his
18 strengths and they thought, okay, he seem to be functioning
19 pretty well, we can trust him.
20 And then when he's not supervised he's damaging cars.
21 Q. So I also heard you use the term in connection with
22 Andrew's "severe autism"?
23 A. Yes, and when I'm referring to impulse control it's
24 severe.
25 Q. Okay.
47
1 A. Okay. His the deficits and impulse control are
2 neurologically based and severe. But his verbal skills are
3 much higher.
4 Q. Okay. So there you have the strengths and --
5 A. You have -- and that'S the complex and confusing
6 pattern. So the people working with him really need to
7 understand that, I mean, he can repair a computer. But he
8 can't be allowed to be around cars at a technical college when
9 he's not in direct line of sight of anybody. And that's --
10 that's the situation we've got.
11 Q. Okay.
12 A. And Andrew has told me that he plans on setting up a
13 computer repair business in his basement so that he can earn
14 some money doing that. And I think it is healthy for him to
15 have a role in restitution and try to pay back. I mean, he
16 feels bad about what he's done. But that happens after he's
17 confronted about it and realizes what's going on, not before.
18 And the power of these fantasies is tremendous. I
19 mean, I have to say that the -- I had one night with him when
20 he was at the social group where he came in pretending that he
21 had been the helicopter pilot for the Gwinnett Hospital. And
22 he described how he had come in last night fast and hot with a
23 patient and he thoroughly convinced everybody in the room
24 except for the social worker and me that this had happened. He
25 was completely absorbed in this.
48
1 And after the meeting, everybody else had gone, I took
2 him aside and sat down with him with Marty, his social worker
3 and I said, Okay, Andrew, I know you didn't do that. And it
4 took my putting my hand on the phone and saying, Okay, look,
5 I'm a doctor, I'm going to call the nurse right now on the ER
6 and find out the name of the helicopter pilot.
7 At which point that confrontation broke him out of the
8 fantasy and then he was able to say, Yeah, you're right, okay,
9 Doc; to which my response is thank God you're not psychotic.
10 Okay. You've just been off in this fantasy world, now you can
11 come out of it. Let's try not to do that next time.
12 And he was so absorbed in the fantasy that he was
13 completely out of touch with reality until I confronted him
14 about it. And I think that's what's happening when he's
15 jumping on cars. I think he's so absorbed in it, with the
16 ability to see, you know, I'm damaging somebody else's car and
17 I shouldn't be doing this, and there are going to be
18 consequences and I might end up in jail -- because he spent a
19 year in jail.
20 His ability to have that impact his behavior, it's not
21 there. And I would predict that if you did incarcerate him
22 that exactly what Ms. MyCoskie described would happen: He
23 would come out of prison and resume jumping on automobiles, and
24 there would be no Medicaid waiver support to keep him safe in
25 the community.
49
1 At this point the federal government is paying
2 70 percent of the cost of his supervision through the Medicaid
3 waiver program and the State is paying 30 percent, and they've
4 already agreed that Andrew needs that. And so that is a
5 benefit that is becoming increasingly difficult, actually, to
6 get for people who are applying for it now.
7 And I think that he's really that -- that that course
8 of action provides substantial support for him that you
9 wouldn't have if he were incarcerated. And he would
10 desperately need that after he was released from prison if he
11 survived the experience, which I'm not sure he would.
12 MS. SUMMER: May this witness be excused?
13 THE COURT: You may be excused. Thank you.
14 MS. SUMMER: Justin McCloud.
15 Would you raise your right hand, please. Do you
16 solemnly swear the testimony you're about to give shall be
17 the truth, the whole truth, and nothing but the truth, so
18 help you God?
19 THE WITNESS: Yes, ma'am.
20 JUSTIN MCCLOUD,
24 BY MS. SUMMER:
25 Q. Have a seat, please. Would you state your name for
50
1 the record.
2 A. James Justin McCloud.
3 Q. And Mr. McCloud, how are you related to this case?
4 A. I'm the primary caregiver of Andrew. I came in
5 directly after these events had happened.
6 Q. So you've worked with him for how long?
7 A. Approximately two years.
8 Q. Can you describe your daily routine with Andrew.
9 A. Well, it's kind of like shift work. Andrew's a night
10 owl so I'll be -- I'm with Andrew basically all night. My wife
11 gets up with him in the morning. And Andrew is pretty much
12 fixed on video games. So he gets up, he gets on his computer,
13 he gets into either battleships or airplane games, and he
14 completely gets lost in that until we remind him, you know,
15 it's hey, we need to eat or hey, we need to get a shower or we
16 need to go somewhere.
17 But that's pretty much our daily routine.
18 Q. Is he ever unsupervised?
19 A. No, ma'am.
20 Q. So in the two years that you've been in his employ, he
21 has not been by himself?
22 A. No, ma'am.
23 Q. And is there an alarm system on the house?
24 A. Yes, ma'am.
25 Q. How is that set up?
51
1 A. It's set up -- Andrew has the lower floor completely
2 to his self. And the alarm system's set up on the floor where
3 what you -- I guess would say community space, where we all
4 intermingle. And he has no access to it or if he does access
5 it, he doesn't know the code or anything. So he -- there's no
6 way to get to the alarm. And it's on every window and every
7 door in the house.
8 So if he comes out to come upstairs we know he's
9 coming upstairs. If he's going to go outside, I mean, it's an
10 alarm that also not only tells us in the house but also lets
11 the police know hey, there's something going on at the
12 residence and they'll call.
13 Q. Okay. Do you take Andrew on trips out of town?
14 A. Yes.
15 Q. How often has that occurred?
16 A. Sometimes -- it fluctuates between maybe once a month,
17 sometimes every couple months.
18 Q. And where do you go?
19 A. We usually go to my grandmother's or my domestic
20 partner's grandparents, which both have alarm systems as well.
21 And also -- at one of them we also got alarms and cameras in
22 place.
23 Q. Are there any other places you go that don't have
24 cameras and alarms?
25 A. No, I don't trust Andrew in situations like that, to
52
1 be honest.
2 Q. Have you ever had a problem with belligerence or
3 confrontation from Andrew?
4 A. Yes, actually. When I came in to work with Andrew,
5 Andrew was off somewhere else. He -- his mind just wasn't
6 there. But being in this field so long I expected that, but I
7 didn't -- that wasn't Andrew.
8 And after not -- didn't take long at all to see that
9 something was bad wrong in the situation which directly led to
10 poor supervision which led to these, which the people he was in
11 supervision of they need to have some accountability for this
12 as well. This is insane, 21 counts while under supervision.
13 But also, we have found two-liter bottles of Mountain
14 Dew, several, full of his meds that they was supposed to
15 supervising him take that he was just putting in the bottles
16 and hiding. So he was -- he was distraught and really, he
17 didn't know what was going on, pretty much, when I came into
18 the picture.
19 Q. So when you came into the picture which was right
20 after this incident --
21 A. Directly after this incident.
22 Q. -- he was still being -- he was still under the care
23 of Our Neighbor?
24 A. Yes.
25 Q. And did you have any particular expertise or training
53
1 in this field?
2 A. Yes, I've been in this field since 2000. I've worked
3 with people from all spectrums in mental health, but I
4 specialize and basically spent 90 percent of this time dealing
5 with high-behavior clients; unruly, you know, compulsive.
6 Q. Is Andrew your exclusive client?
7 A. Yes, ma'am.
8 Q. And you live in the house with him?
9 A. Yes, ma'am.
10 Q. So you're there -- you and your wife or your domestic
11 partner, you all shift off; is that correct?
12 A. Yes, Andrew's a night person so I take the night with
13 him. I'll usually lay down about a hour after he's asleep and
14 my wife gets up at 8:00 a.m. so usually there's a gap of maybe
15 everybody being asleep of a hour and a half to two hours daily
16 between when I go to sleep and when she gets up. Does that --
17 Q. Uh-huh (affirmative). Do you like your job?
18 A. Yes, ma'am.
19 Q. Do you have any plans to leave?
20 A. No, ma'am.
21 Q. If Andrew were incarcerated for any period of time
22 would you have to leave?
23 A. Yes.
24 Q. You are paid through the Medicaid waiver?
25 A. Yes, ma'am.
54
1 Q. Okay. And then you receive the housing as a benefit?
2 A. Yes, ma'am. To be honest, going into this situation
3 was very scary as far as the living and taking, you know,
4 taking the full-time. And it took a whole lot of debating back
5 and forth because I knew once me and my family -- because I've
6 got two small daughters as well -- once we went into this
7 situation we had to commit to it.
8 You don't go into situation with Andrew or somebody or
9 get to know them or build a bond with or trust and say, Well,
10 okay, it's been a year, I'll see you around. So that was a
11 struggle that we had going into it because once I went into it
12 I knew that there was a commitment there.
13 MS. SUMMER: Nothing further, thank you.
14 THE COURT: Ms. Bagwell.
15 ASSISTANT D.A. BAGWELL: Just got a couple questions
16 about the medications.
19 Q. What medications is Andrew on?
20 A. I don't recall the names right off. They all kind of
21 run together, but he's on nine separate medications.
22 Q. What are they for? What do they help with?
23 A. Two of them is for blood pressure and then the rest is
24 all pretty much for psychiatric, you know, to calm him, to try
25 to keep his moods stable. It's all to try to maintain the
55
1 impulse and the -- not let him get lost in his thoughts or the
2 fantasy world. One is Zoloft.
3 I'm not sure if many are familiar with Zoloft.
4 Q. It's an antidepressant?
5 A. Yes, but also if you're -- say you're on a level of
6 anger at ten, and it will bring you down, you know, to two or
7 three. It's, you know, those things that keep him balanced out
8 and to help him function, you know, in a normal setting on a
9 daily routine.
10 Q. So you said when you first came he wasn't taking his
11 meds?
12 A. No, ma'am.
13 Q. And what's the difference in his behavior when he's
14 taking his medicine versus when he's not taking his medicine?
15 A. If he's not taking his meds, he's -- he's fidgety and
16 pacing. And he -- it starts showing very quick. If he's
17 not -- it doesn't take long to know Andrew's not taking his
18 medicine. And he starts pacing and then he starts off into
19 tangents and talking, you know, about things that really
20 shouldn't be talked about at the time or is not in the
21 conversation that's going around him.
22 And he just -- he completely gets lost in those talks
23 as, you know, you may have be having dinner and talking about
24 what you done through the day, and he's completely off talking
25 about helicopters and being insertive (sic) and overrunning the
56
1 conversation that's around him with -- and he might just get up
2 and leave, you know, the dinner or the situation completely.
3 Q. So I guess there are times in your supervision when
4 you noticed that he isn't taking his meds?
5 A. No, ma'am, when I first began working with Andrew I
6 wasn't 24/7 and I wasn't solely with Andrew.
7 Q. Okay.
8 A. It was -- I was with him a few days a week and then it
9 was three or four other people coming in. And even in those
10 few days, like, I could work four days out of the week to keep
11 Andrew on track and to see that he's taking his meds. And then
12 I would come back on a Monday and you could tell that he
13 probably missed a dose or two, so...
14 Q. So has he ever refused to take his medicine under your
15 care or your partner's care?
16 A. Refused, no.
17 Q. Okay. Has he ever shown reluctance or been hesitant
18 to take his meds or needed persuading?
19 A. What he -- no, I wouldn't say persuading or reluctant,
20 but he doesn't remember, quote-unquote, to take his meds. So
21 you may say, Andrew, it's time to take your meds; 15,
22 20 minutes goes by, he's not ready to take his meds. You might
23 give him a reminder, you know, Andrew, it's time to snap out of
24 it, the game's going to be there, you know, can we take our
25 meds.
57
1 And it's not that he's refusing or reluctant but his
2 mind is just not on taking meds. So if you're not there to see
3 that he's taken his meds, he's not because he's going to be
4 completely into whatever he's into at the time.
5 Q. Do you have a plan for if he refuses to take them at
6 some point? It sounds like you haven't had that problem yet.
7 A. No, I haven't had that problem yet. There's things in
8 place that, you know, if Andrew outside of the meds doesn't
9 want to go along with certain things like, say, take a shower,
10 that's a huge thing. We've got steps, you know, we can call
11 his mother. His mother can talk to him, he can get a different
12 perspective as to why he needs to do it.
13 If that doesn't work, you know, he can talk to his
14 brother. But then if there's two or three people saying, you
15 know, Andrew, you have to take your meds, there's a reason why.
16 And he says, oh, okay, yeah, I do -- well, not in the meds but
17 in the shower case. So but most everything works in that
18 system. You know, 95 percent -- no, 98 percent of the time I
19 don't have no problems at all with Andrew.
20 I can call his mother or his brother and Andrew get a
21 outside perspective of what we're doing and it will click;
22 okay, yeah, they're right, I need to do this.
23 ASSISTANT D.A. BAGWELL: Okay. That's all the
24 questions I have.
25 MS. SUMMER: May this witness be excused?
58
1 THE COURT: You may.
2 MS. SUMMER: Your Honor, there's a couple of other
3 people here today, I just wanted to point them out. I'm
4 not going to call them as witnesses but Andrew's brother
5 is here and sister-in-law. And also Ms. MyCoskie's
6 significant other for support.
7 And that would be all of the witnesses we had
8 intended to call.
9 THE COURT: All right.
10 And so what exactly are you proposing, Ms. Summer?
11 MS. SUMMER: Your Honor, I'm proposing a term of
12 probation with conditions that he maintain the supervision
13 level that he has right now; that he continue the
14 monitoring system within the home, that he continue to
15 live in that residence and that the restitution be paid at
16 the amount of $200 per month.
17 I think that as I indicated that would be $2,400 a
18 year. And although that's, you know, certainly going to
19 take some time to pay it, it seems like a workable
20 solution to the restitution, which sounds to me from what
21 Ms. Bagwell indicated that's the -- the victims are
22 primarily concerned about receiving restitution.
23 The utility of putting him in jail is very, very
24 limited. There's no social utility to putting this
25 individual into a prison facility. And number one reason
59
1 is because he has a Medicaid waiver that pays $51,000 a
2 year for his care. If he goes to jail he will lose that,
3 and it takes a long time to get that set up.
4 Hopefully that will continue into the future and
5 he'll always be qualified for that Medicaid waiver. But
6 that is the safeguard that the Court has to assuring that
7 this is not going to happen in the future, is the fact
8 that he has systems in place for 24-hour a day supervision
9 and monitoring so he cannot be left alone.
10 He is never out of line of sight, and that is
11 probably a better situation than putting him into a jail
12 facility where his safety would be at risk. And you would
13 have him come out of jail and be completely in a position
14 where there is no funding, there are no structures set up
15 for the protection of the public.
16 So our position would be that a term of probation to
17 allow for payment of the restitution and for the Court to
18 have him supervised through the Medicaid waiver program
19 and the systems that are put into place is in the best
20 interests of the public.
21 ASSISTANT D.A. BAGWELL: I just want to add, Judge,
22 to make sure that the sentence says -- I'm sure this won't
23 be a problem but just where we can have this in the
24 sentence: No contact with Jason Bohannon, Greg Whitmire,
25 Mercedes Buffington, Debra Pinion, Alvarado Sanchez,
60
1 Katelyn Woodward, C. Andrew Fuller, John Burroughs, Sacha
2 Rae Perez, Donna McHugh, Charles Borders, and Robert
3 Goodman.
4 And then defendant shall not enter the premise of Mac
5 Auto Glass, Sanchez Auto Repair, 499 Complete Auto Body
6 Shop, Auto Connection of Georgia, and the parking deck of
7 the Hall County courthouse unless it's necessary for a
8 court proceeding or a probation matter.
9 We'd ask that he continue whatever treatment he's
10 receiving and that he take his medication as prescribed.
11 And we would ask the Court for at least 15 years of
12 probation, that probation not be allowed to terminate him
13 early. And that should give him time to pay off his
14 restitution.
15 THE COURT: What was the total amount of the
16 restitution again?
17 ASSISTANT D.A. BAGWELL: It's 20 -- $25,489.78. And
18 we did ask if Judge Fuller had any input and he just said
19 he would -- he was quite confident in your Honor's ability
20 to...
21 THE COURT: I appreciate that.
22 And let me ask this, if -- hopefully nothing will --
23 but if something happens to the defendant's mother is the
24 brother going to be willing to provide the supervision and
25 management of these Medicaid funds that is needed to
61
1 maintain the level of supervision required in this case?
2 MR. MYCOSKIE: Yes.
3 THE COURT: You see what I'm saying?
4 MR. MYCOSKIE: Yes, ma'am.
5 THE COURT: I mean, right now, everything's good.
6 Not that you're that old, Ms. MyCoskie, but, you know,
7 we're talking about a -- really a lifetime.
8 MR. MYCOSKIE: Yes, ma'am.
9 MS. MYCOSKIE: We have our wills and trusts and
10 everything set up that he has everything and he manages
11 Andrew's care. He's been with me on -- looking through
12 all the paperwork and Medicaid that I do each month. They
13 both know exactly what gets done each month, so if
14 something should happen to me they would -- they're ready
15 to.
16 THE COURT: And where is the current residence?
17 MS. MYCOSKIE: 4819 Timber Hills Drive, in Oakwood.
18 THE COURT: What was the numerical?
19 MS. SUMMER: 4819.
20 THE COURT: And is the maximum on this five?
21 ASSISTANT D.A. BAGWELL: It is, Judge.
22 THE COURT: What I'm going do is on Count 1, I'm
23 going to sentence him to five years. I'll allow him to do
24 it -- I'm somewhat concerned about probation's ability to
25 monitor all of this -- but on probation conditioned upon
62
1 him residing with full-time caregivers that do not allow
2 him out of their line of sight unless he's asleep and in a
3 residence that is equipped with a full alarm system of all
4 windows and doors.
5 That that current residence is at 4819 Timber Hills
6 Drive, Oakwood, Georgia, and should that residence change
7 probation should be given 30 days' notice of any change
8 and must inspect and approve any new residence.
9 Now, on these out of state trips, I'm going -- you
10 know, he's going to have to -- or his caregiver is going
11 to have to seek permission from probation to travel out of
12 state just like every other probationer has to do.
13 Count 2, five years' probation with the same terms
14 and conditions concurrent -- I mean consecutive to
15 Count 1. Count 3, five years' probation consecutive to
16 Count 1. And on 4, I'm going to give him 5 years'
17 probation consecutive to Count 1 but allow for it to
18 terminate upon all the terms and conditions of the
19 sentence which would include payment in full of all the
20 restitution.
21 Right now, she's sending the $1,400 a month; we'll
22 see. But that, at least, would give him 20 years to pay
23 the restitution because this is a significant amount of
24 restitution.
25 The remaining Counts, 5 through 12, would be five
63
1 years concurrent to Count 1. A condition of the sentence
2 would be number two, report to probation; 11, specimen
3 waiver; 15, records release; 16, have no contact with
4 Jason Bohannon, Greg Whitmire, Mack Auto Glass, Mercedes
5 Buffington, Debra Pinion, Alvarado Sanchez, and Sanchez
6 Auto Repair, Katelyn Woodward, C. Andrew Fuller, John
7 Burroughs, 499 Complete Auto Body Shop, Sacha Rae Perez,
8 Auto Connection of Georgia, US Online Auto, Tiffany Shows,
9 Donna McHugh, Charles Borders, and Robert Goodman; that he
10 stay off the premise of any of those businesses as well as
11 the Hall County courthouse and any other commercial
12 parking decks or automobile dealership parking lots.
13 Now, if he has to appear in court, obviously, he can
14 be in the parking deck.
15 On Count 2, I'm going to order restitution to Greg
16 Whitmire in the amount of $3,247.
17 Count 3, restitution to Hall County Fleet Maintenance
18 Department in the amount of $2,660.
19 Count 7, restitution to Debra Pinion in the amount of
20 $5,309.64.
21 And Count 9, restitution to Katelyn Woodward in the
22 amount of $500.
23 Count 10, restitution to C. Andrew Fuller in the
24 amount of $3,000.
25 Count 12, restitution to 499 Complete Auto Body Shop
64
1 in the amount of $10,773.14.
2 That -- special condition 16 would be that he
3 continue with his current medical provider and on his
4 current prescription regimen unless changed by a licensed
5 psychiatrist; 32, he's not to possess drugs or alcohol,
6 any illegal drugs or alcohol; 34, he's to have his
7 prescriptions verified with probation and he'll be subject
8 to random screens just like any other probationer at his
9 own expense.
10 He's to pay restitution in the minimum amount of $200
11 a month. Now, he's also going to have a probation
12 supervision fee. So I'm not sure, you know, where that's
13 going to be squeezed from, I guess maybe his mother might
14 pay that for him. But since the testimony's been that he
15 can pay restitution in the amount of $200 a month that's
16 what I'm going to set it at.
17 I'm also going to ask that he make a free and
18 voluntary waiver of his Fourth Amendment rights. Does he
19 know what his Fourth Amendment rights are?
20 MS. SUMMER: Yes, your Honor, we signed a waiver.
21 THE COURT: Mr. MyCoskie, you understand that I can't
22 take your Fourth Amendment rights away from you?
24 THE COURT: And understanding that are you willing to
25 make a free and voluntary waiver of your Fourth Amendment
65
1 rights for the 20-year duration of the sentence?
3 THE COURT: Fourth Amendment rights will be deemed
4 waived.
5 If any -- I'm going to put in here that should any
6 alarms at the defendant's residence cause the Hall County
7 Sheriff's Department to respond, that they'll inform
8 probation of that so that -- I want probation to be
9 notified, I want them not to have to dig for information.
10 ASSISTANT D.A. BAGWELL: Judge, could we ask that the
11 restitution to Greg Whitmire be paid as a condition of
12 Count 1 so that he wouldn't have to wait to the five
13 consecutive years to start receiving any payment on that?
14 If there's a way to do that.
15 THE COURT: Well, okay. I mean, it's not going to --
16 it's not going to hurry up his payments, I don't think. I
17 mean, I could but he's only going to pay $200 a month and
18 they're going to, I guess...
19 MS. SUMMER: Are they going to apportion it among all
20 the victims?
21 THE COURT: I would assume they are going to
22 apportion every payment toward the percentage of him -- so
23 he's going to get a payment starting the first time he
24 pays restitution, I would think. I mean, that's my
25 understanding of how it's done. If I'm incorrect, let me
66
1 know.
2 Now, Mr. MyCoskie.
4 THE COURT: You're very fortunate to have the family
5 support that you have.
7 THE COURT: And family with the wherewithal to work
8 through the Medicaid system --
10 THE COURT: -- and get you the services and support
11 from them that you need.
13 THE COURT: Now, if there's any hiccups or any
14 problems, you know, this sentence is subject to being
15 served in prison.
16 THE DEFENDANT: Yes, ma'am, I'm aware of that.
17 THE COURT: Okay. Anything else, Ms. Bagwell?
18 ASSISTANT D.A. BAGWELL: No, Judge.
19 THE COURT: Ms. Summer.
20 MS. SUMMER: No, your Honor. Thank you.
21 THE COURT: You have any questions about the
22 sentence?
24 THE COURT: All right. Thank you. And thank you.
25 THE DEFENDANT: If I may, your Honor. I am humble
67
1 about my behavior. I am appalled at myself about it.
2 There's not a time that goes by I don't think about what
3 I've done, and I offer a very humble apology not only to
4 the victims but to the community as well. And that's how
5 I feel.
6 THE COURT: All right. Well, I appreciate that.
8 THE COURT: Thank you.
9 MS. SUMMER: Thank you, your Honor.
10 (Proceedings concluded.)
11
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68
COURT REPORTER'S CERTIFICATE
GEORGIA, LUMPKIN COUNTY
I hereby certify that the within and foregoing record is

a true, complete and correct computer-aided TRANSCRIPT of the
proceedings reported by me in the case herein stated.
____________________________
Matthew Moss, CCR - RPR
Registered Professional Reporter
CCR Number 6400-5504-2795-1104
69
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GEORGIA, HALL COUNTY

IN THE SUPERIOR COURT OF HALL COUNTY

FOR THE STATE

CHANDELLE T. SUMMER, ESQUIRE

FOR THE DEFENDANT

MATTHEW MOSS, RPR

2 ASSISTANT D.A. BAGWELL: Not yet, Judge.

3 THE COURT: My law clerk tells me that he believes

4 that this is the courthouse parking lot case?

5 ASSISTANT D.A. BAGWELL: Partially.

6 THE COURT: Well, I'm sure that Ms. Summer's already

7 aware of it but for purposes of the directives of the

8 higher courts, I want to put on the record that I

9 probably -- I don't know -- I definitely know on a close

10 personal level some of the victims in the case, or alleged

11 victims, at this point; in particular Judge Andy fuller is

12 listed on here and Greg Whitmire.

13 Is that Katelyn Woodward, Stephanie? No.

14 So anyway, I just want to, you know, divulge that and

15 make sure that the defendant waives any objection to me

16 sitting in the case.

17 MS. SUMMER: Yes, your Honor, we'll waive any

18 objection to any personal relationships you may have with

19 any of the victims.

20 ASSISTANT D.A. BAGWELL: Judge, this is Case

21 Number 2017CR1721B, the State of Georgia versus Andrew

22 Dylan MyCoskie. The defendant is charged in 21 counts.

23 In the first count -- and they're all criminal damage to

24 property, second degree.

25 In the first count, between March 4th, 2016, and

2 a 2007 Dodge Magnum motor vehicle, the property of Jason

3 Bohannon without consent, that damage exceeding $500.

4 This particular car was parked right off of the square

6 the federal courthouse on Green Street.

7 In 2002, the defendant is charged with the same

8 thing, criminal damage to property, second degree, on

9 February 8th, 2016, for intentionally damaging a Ford

10 Thunderbird motor vehicle, the property of Greg Whitmire

11 without his consent, said damage exceeding $500. That was

12 one of the cars that was parked here at the courthouse.

13 There were multiple incidents concerning the courthouse on

15 Then in Count 3, the defendant is charged with

16 criminal damage to property, second degree on

17 February 8th, 2016, for damaging a Ford Taurus motor

18 vehicle, the property of the government of Hall County

20 In Count 4, the defendant is charged with criminal

21 damage to property, second degree on March 7th, 2016, for

22 intentionally damaging a Ford Mustang motor vehicle, a

23 Honda Civic motor vehicle, and a Honda Odyssey motor

24 vehicle, the property of Mac Auto Glass without consent

25 that damage exceeding $500. And those cars were parked at

2 In Count 5, the defendant is charged with criminal

3 damage to property, second degree on March 7th, 2016, for

4 intentionally damaging a Chevrolet Impala the property of

5 Mercedes Buffington without her consent, said damage

6 exceeding $500. That car was parked at the courthouse.

7 And then in Count 6, the defendant is charged with

8 criminal damage to property, second degree on March 7th,

9 2016, for intentionally damaging two Hall County Sheriff's

10 Office vehicles, the property of Hall County and the

11 sheriff's office without consent, said damage exceeding

12 $500. Again, those cars were parked at the courthouse.

13 In Count 7, the defendant is charged with criminal