Colotl’s case began in March 2010 after a traffic stop on the campus of Kennesaw State University. She didn’t have a driver’s license and was taken to Cobb Jail, where she gave jailers an old address as her current one. An illegal immigrant, she also was turned over to federal immigration authorities, who later let her stay in the United States.
But the false address then resulted in a felony charge of making false statements. Head’s office allowed Colotl to perform community service and pay a fine rather than be prosecuted, which raised the ire of Sheriff Neil Warren. His office brought the felony warrant against Colotl and he insisted he was not notified of — and in fact opposes — diversion for Colotl.
Nearly a year ago, Staley called Head, Warren and Colotl into her courtroom for a hearing on the issue.
In the order she signed Monday, Staley gave two reasons for rejecting the “no prosecution” request.
“The victim and initiating agency in the case, the Cobb County Sheriff’s Office, has raised legitimate concerns that have not been adequately addressed as far as this Court is aware,” Staley wrote. “Further, the Defendant has misdemeanor convictions, which has consistently disqualified entry into the Cobb County diversion program. The Court believes all similarly situated Defendants should be treated in the same manner.”
Head said Friday that he intends to file a motion for reconsideration next week.
“I believe that everyone in this office has an ethical duty to carry through with any agreement that is made with a defendant,” Head said. “Ms. Colotl made an agreement and she has done everything that she was required to do. I believe current law prohibits prosecuting this case further.”
Sheriff Warren, though, lauded Staley’s order.
“I appreciate the fact that Judge Staley has the courage to uphold the rule of law despite pressure from advocacy groups and others who would afford special privilege to those who flaunt our laws,” Warren said in a statement. “Ms. Colotl deserves no special consideration in the criminal justice process for decisions she made as an adult to violate the laws of this state. Judge Staley’s order cited the fact that Ms. Colotl has a prior conviction, which prevents her participation in the Cobb County diversion program. Affording her special treatment in this situation would send the wrong message to our youth and other members in our society.”
In November 2010, a State Court jury convicted Colotl of driving without a license, a misdemeanor, but cleared her of impeding the flow of traffic, also a misdemeanor charge.
Her attorney, Jerome Lee, appealed her conviction, but the Georgia Court of Appeals upheld her conviction and the Georgia Supreme Court later declined to hear the case.
Her traffic case then returned to State Court, and this past June, Colotl was ordered to serve the remainder of her original jail sentence, which amounted to about 10 hours.
Her attorneys could not be reached for comment Friday.
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Im sure he will prosecute this terrible illegal
Chase, arrest and prosecute real criminals!
Just imagine if you and your family were driving along and suddenly someone without insurance slammed into your vehicle. That means that you are financially liable for all of the expenses(repairs, medical, etc.) Although the accident was no fault of your own. If you only have state minimum coverage, you're out of luck. Your own uninsured policy won't cover very much ($25,000).
People don't think of all of the implications associated with illegal immigrants driving on our streets. Maybe we should applaud these individuals for attempting to keep the citizens of this community safe.
It sounds as if they both have WAY too much free time.
Don't the local yocals know word of this sort of thing spreads? If we want to have internationally respected universities to which the brightest kids from elsewhere will come, we can't create a reputation for harasssing them once they get here!!!
So you think the "brightest kids from elsewhere" should be allowed to ignore/break our laws? Are our laws only for legal citizens to obey?
When you read about beheadings in Muslim countries, do you research to see if it's okay to vacation in Turkey? Or do you just go somewhere else and not even consider it?
The parents of well-to-do foreign kids will hear about how some foreign KSU student was harassed beyond comprehension by local politicians trying to make names for themselves, and they will send their children elsewhere for school.
The details of the Colotl don't matter. Our reputation is what matters, and Staley and the Sheriff are working their darndest to damage our reputation.
Colotl lied to the Sheriff about her address and telephone number. She was here illegally, driving illegally, using taxpayer services such as the Georgia HOPE program, by lying. We gave her a free education through high school, very expensive, and free healthcare, also very expensive.
Taxpayers agree with Sheriff Warren. Mr. Head, you owe nothing to an illegal stealing our services and lying to our law enforcement. However, you owe the taxpayers the enforcement of the laws we have without using programs that do not allow this defendant to use. You should know the law, and if you don't let someone who does know the law and will do the job take your place.
The comedy of errors and the long delay for Dwight Brown's indictment(s) is another example of your ineffectiveness.
Thank you Judge Staley and thank you Sheriff Warren for upholding the law. Remember, Martha Stewart went to jail for less of a "crime" than Jessica Colotl. Martha Stewart is a taxpayer and has contributed to the coffers of our country and did not steal into the country and steal free services.
Also, was she allowed to e in a Diversion Program?