The names of both the student and the mother have been changed in the article below and names of both have been redacted in all documents to protect the privacy of the juvenile. All documentation was given to AllOnGeorgia by the mother and published with express consent. 

An incident on a school bus caused by a medical condition has an Evans County mother fighting to keep her autistic son out of a legal system that will indefinitely label him a criminal.

Just four years ago, Beth was fighting the Evans County School System to get Jacob, then 12, placed in special education programs with additional accommodations after moving to the county, but a fast forward on a series of events has Jacob facing a felony criminal charge based on a medical condition that has been twisted into an illegal act. Despite medical evaluations deeming Jacob incomptent, the justice system is trying to rehabilitate him on the basis of his criminal charge.

A Little Bit About Jacob

When Jacob was a small child, he was diagnosed with depression, anxiety, anti-social disorder, auditory delusion, and Autism Spectrum Disorder. He has struggled with ADD and, for years, has taken a combination of different medications including Focalin, Prozac, Abilify, Prozac, and Remeron. He has spent time in the hospital for his conditions. 

Jacob has an impeccable long-term memory and a knack for music, but academics have not been his strong suit. He took four years to work through middle school, taking summer school courses each time, but continues to perform at below average markers. His evaluations show weaknesses and his developmental skills are behind the curve. At 16, Jacob struggles to perform basic tasks like counting money, telling time, or working through problem-solving matters. Beth says he still enjoys playing with toys intended for six year olds. 

Prioritizing hygiene can be a hurdle for Jacob, which is why his mom has him on the strict regimen for cleanliness. Even still, he struggles with incessant itching and recurring jock itch, which can be severe enough to cause him to bleed, and Jacob uses special soaps and shampoos prescribed by a doctor. 

He has a strong attachment to Beth as well and does not like to be away from her for long periods of time. He is polite, but reserved and often wears multiple layers of clothes to shield himself from view. Jacob will not use the bathroom in the presence of anyone else and he had to be removed from sexual education courses in 7th grade because the subject matter upset him. 

Jacob has aspirations of becoming an optometrist or a police officer. 

Though he struggles academically, Jacob’s tenure in the Evans County School System has been free of discipline or behavioral issues – with the exception of one bout of detention. After Jacob was forced to repeat the 7th grade, Beth was successful in garnering the attention of the school system to have him evaluated to participate in special education classes. 

A psychological evaluation conducted by a school psychologist in August 2017 found that Jacob exhibits “significant concerns” in the areas of Generalized Anxiety, Schizoid, Schizophrenia, Major Depressive Disorder, and Dysthymic Disorder. 

The pile of documentation from the school system showed and medical providers, among other things, showed several key findings on record since 2016:

• “A 504 plan was developed to address significant emotion issues, his plan has been adjusted over the years to address both anxiety and academic concerns.” (Later replaced with the IEP)
• “Jacob has a history of emotional and social difficulties. He has received outside services and conferencing and counseling from within the school setting.” – IEP 09/2017
• “[Jacob] still expects the worse [sic] and worries about what others will say about him. During transitions he is worried that 8th graders are looking at him and judging him.”
• A mention of peeling skin as a nervous habit in January 2017.

All findings are direct quotes from evaluations, IEP plans, and other documents. 

Jacob’s teachers, administrators, and school system personnel were all aware of his needs and conditions. Because he is physically independent, Jacob was not placed in full-time special needs classes and rode the bus with all of the kids instead of the bus for special needs students.

Second Chance Academy

Jacob was transferred to the Evans County Second Chance Academy (SCA), an alternative school, in the spring of the 2018-19 school year at the request of Beth. Jacob was not dealing with behavioral issues, as many of the children at SCA are, but Beth thought he would do better in a smaller, less chaotic environment. He struggled with  instances of bullying by other kids which, in one severe instance, led to a formal disciplinary process of two kids in juvenile court. 

He was at SCA less than a month before the incident on the bus.

The Incident on the Bus

On April 24, 2019, Jacob was on the bus with a number of other kids. That day, he was wearing two pairs of shorts over a pair of boxers, which, until he got on the bus, had been layered over by a pair of pants. Jacob and another student were in a second row, on opposite sides of the aisle, when the two began talking and making inappropriate comments that were sexual in nature and Jacob was repeating phrases he heard other kids saying at school. The other student asked Jacob to show what color his second pair of shorts were and Jacob lifted the first pair to show him. Their conversation eventually stopped and Jacob began scratching his groin area over his shorts. Jacob then placed his hand inside his shorts to scratch before switching to scratch with both hands. Bus video reportedly shows him watching the other students to make sure that no one sees him scratch, which continues on briefly. 

But, the bus driver contacted school administrators, including Tracy Beasley and SCA Principal Dr. Brown, to report an incident involving Jacob on the school bus. The middle school administrators then contacted law enforcement with the bus video, as required by law, who reported to police and system personnel that Jacob was giving a ‘masturbation tutorial.’ The school resource officer responded to document the report, but Jacob was not charged with a crime at the time of the incident. He was, however, immediately suspended from school for a violation of the code of conduct related to ‘sexual misconduct,’ — “No student shall be guilty of molesting another student, indecent exposure, rape or any other overt heterosexual or homosexual act” — pending a disciplinary hearing. 

Though it is not legally necessary, the school resource officer also notified the District Attorney’s Office and after a week, Beth received a letter in the mail notifying her that Jacob was being charged with ‘felony child molestation in the presence of minors.”

Jacob never exposed himself or touched anyone else.

The Disciplinary Hearing

On May 3, Jacob and Beth appeared for disciplinary and manifestation hearings before Dr. Mary Felton of the Evans County School System. Beth was concerned about the disciplinary hearing occurring before the manifestation hearing, which was supposed to determine whether or not the behavior subject to discipline was a manifestation of a documented disability. Her only other option was to skip the disciplinary hearing – which would automatically result in a guilty finding.  

Facing expulsion from the school system as a whole, Beth says the disciplinary hearing lasted roughly 10 minutes. Under the instruction of Beth, Jacob admitted in the hearing that the sexual comments he made on the bus were things he now understood were not proper to say, but did not admit guilt to sexual misconduct. Beth explained Jacob’s disabilities, the lengthy documentation, and his medical history, but none were considered. She presented medical documentation showing that Jacob had been suffering from jock itch for 2-3 months prior to the incident. Nevertheless, Dr. Felton found Jacob ‘guilty’ of the violation, but instead of expulsion, Jacob was told he could return to the Second Chance Academy after serving suspension of six days. The discipline for ‘sexual misconduct’ was placed on his permanent record. It was not until the guilty ruling that Beth was permitted to see the school bus surveillance video for herself.

Immediately after, Jacob’s IEP team representatives and those from the discipline hearing appeared for the manifestation hearing. The conduct in question – sexual misconduct- was determined to have a ‘direct and substantial relationship to the child’s disability.’ The school system also found that the behavior was not due to the school system’s failure to meet Jacob’s needs. They also note that Jacob needs to be on a special needs school bus. 

The final report from the manifestation determination references another instance of a sexual remark made by Jacob, which he had repeated after hearing it said by another student, but for which he was not disciplined. Second Chance Academy Principal Dr. Brown is quoted in the report saying, “she did not know if he understood what he [Jacob] actually said.”

Jacob_Manifestation (1)

The same day, a letter is sent by Superintendent Martin Waters who signed off on the ruling of Mary Felton. He tells Beth that Jacob has been found guilty, that he can return to school on May 6, and that bus privileges are revoked for the remainder of the school year. The letter makes no mention of the manifestation determination or Jacob’s disabilities. 

(Story continues below)

Jacob’s IEP is also reworked on May 3, noting ‘difficulty relating to peers,’ ‘impulsiveness,’ ‘responding inappropriately to social cues.”

The Battle in Court

Following the close of the school year, Jacob and Beth are asked to appear in court on the felony charge in June. A public defender is appointed and when Jacob is asked to enter a plea of ‘guilty’ or ‘not guilty,’ the court finds that he is not competent to do so. A pyschiatrist from Savannah is ordered to evaluate Jacob and he is deemed to be “‘incompetent pending rehabilitation.”

Beth once again shows documentation of a history of jock itch that required medical attention, the lengthy list of disabilities and issues, and the determination by the school system of the manifestation, but the criminal case moves forward even still. 

Jacob_medical

On July 25, 2019, a hearing in front of Juvenile Court Judge Brinson resulted in the appointment of a Guardian Ad Litem for Jacob, which will be responsible for rehabilitating him in conjunction with the Georgia Department of Juvenile Justice where Jacob will be required to take classes related to the crime committed.  

What’s Next for Jacob

The hardest part about what’s happening, Beth says, is that Jacob does not understand what is happening or why. He is the one who retrieved the initial letter about the felony charge from the mailbox and Beth says it crushed him. He adamantly denies touching himself in a sexual nature and is still visibly disturbed by discussion of committing such an act. It is also difficult to explain to Jacob how the school disciplinary charge -referencing indecent exposure and rape -and the molestation charge in court can involve touching others when Jacob – and the bus surveillence video – refute any assertions of touching. 

Beth says she struggles with how to adequately and appropriately explain the gravity of the situation to Jacob because of his panic attacks and anxiety. His depression makes him more prone to suicide and the criminal charge has the already traumatized Jacob asking why he should continue to live. 

The Georgia Department of Juvenile Justice will not formally take on the case with Jacob until a court ruling is issued by Judge Brinson, but officers from the DJJ have already approached Jacob at school. Beth says he constantly worries that he is going to be taken away by law enforcement. Though Beth has asked repeatedly for the charges to be dropped, citing the plethora of documentation indicating that a crime did not occur, she has been unsuccessful.  She is still questioning how they plan to rehabilitate his disabilities.

Jacob is not capable of living by himself, but a court conviction of a sexual offense could mean that Jacob would no longer be allowed to live at home with Beth because she has three younger children. With the recent discussion of rehabilitation or reformative classes, Jacob frequently begs Beth not to let him be sent him away to a hospital.

Last week, like other Evans County students, Jacob went back to school for the new year – a place he once loved, but now hates. The information about the pending felony charge was leaked – with his real name – and it has only intensified the bullying. 

Beth says the situation closely resembles a scab. As soon as it settles down, they have to appear in court or have to have a discussion about progress, which sends Jacob into a tailspin. For now, there is no court date set and Beth is working to reach out to advocacy groups for assistance. 

The U.S. Department of Justice filed a complaint Monday against the State of New Jersey, Governor Philip Murphy, and state Attorney General Gurbir Grewal challenging two aspects of New Jersey Attorney General Law Enforcement Directive 2018-6.

The complaint seeks to enjoin two aspects of the Directive and for the Court to declare these aspects of the Directive invalid.  Among other things, the Directive prohibits state officials from sharing information with U.S. Immigration and Customs Enforcement (ICE) related to the immigration status and release dates of individuals in their custody. The Directive also requires New Jersey law enforcement to “promptly notify a detained individual, in writing and in a language the individual can understand,” if ICE files an immigration detainer request for the individual.

As a result, a number of U.S. Attorneys are speaking out.

U.S. Attorney Don Cochran, Tennessee:

“I applaud the actions of Attorney General Barr and join with him in our quest to make America’s cities safer.

I am grateful that the State of Tennessee enacted a law last year, which prohibits local jurisdictions from enacting sanctuary city policies.  The misguided attempts and efforts of a few to provide sanctuary for illegal aliens would have placed our communities in grave danger and severely hampered the efforts of law enforcement to protect our communities from preventable criminal acts.”

U.S. Attorney Andrew Murray, North Carolina:

“The Sheriffs of Mecklenburg and Buncombe Counties have adopted ‘sanctuary’ policies that endanger our communities and shield criminals from immigration enforcement.

“In 2019, the Mecklenburg County Sheriff’s Office alone failed to honor over 200 detainers issued by U.S. Immigration and Custom Enforcement (ICE), which means that more than a couple of hundred criminal aliens charged with criminal offenses were released back to the community. And those are the ones we can account for.

“By ignoring federal immigration detainers and administrative warrants, and refusing to simply inform ICE officers when an unlawful alien who has committed a criminal act is due to be released to the community, the Sheriffs of Mecklenburg and Buncombe Counties prioritize the protection of criminal aliens above the safety and protection of our communities.

U.S. Attorney Robert Brewer, California:

Brewer called for an end to “Sanctuary City” laws, saying the state statute prohibiting local law enforcement officials from sharing information with federal counterparts about dangerous criminals has made our communities less safe.

California Senate Bill 54 largely restricts local law enforcement’s ability to cooperate with federal immigration authorities. The law generally prohibits state and local authorities from inquiring about a person’s immigration status, detaining them based on a “detainer” request from immigration authorities, and providing information about an undocumented criminal’s release date or other personal information, such as address information that could be used to locate someone potentially subject to deportation or removal.  The law does provide for some exceptions for individuals convicted of certain crimes.

“The law’s prohibition against local law enforcement cooperating with their federal counterparts is inconsistent with their shared mission to protect the public above all else,” said U.S. Attorney Robert Brewer.  “The law not only results in the release of individuals who may pose a threat to the safety of our communities, but it also increases the risk for law enforcement.”

Brewer continued: “Any time a detainer is not honored or the sharing of information about individuals in police custody is prohibited, our local law enforcement officers and our communities are put in danger unnecessarily. For instance, the prohibition on honoring detainers necessarily means that rather than taking custody of someone from a local jail, law enforcement must arrest that person in the community, which presents more risk to both our citizens and our officers.”

United States Attorney Joe Brown, Texas:

“Attorney General Barr is exactly right on this issue,” said Brown.  “Jurisdictions which refuse to turn over criminal aliens are putting politics above public safety and are putting the interests of criminal aliens before those of law-abiding citizens…Just last week, the United States Customs and Enforcement Agency (ICE) released figures confirming that more than 400 criminals from a single county in California re-offended over the last two years after being released because of California’s sanctuary city policies.  The offenses the offenders were charged with after being released included rape, assault with a deadly weapon, child sex offenses, domestic violence, and driving while intoxicated.”

U.S. Attorney Billy J. Williams, Oregon:

“I share the Attorney General’s belief that sanctuary status declarations directly contravene federal immigration law and threaten public safety. In our country, the Congress makes immigration law and has directed federal authorities to enforce it. The notion that states and other jurisdictions can interfere in the sharing of critical public safety information involving criminal conduct ignores the supremacy of federal law. Each year, many preventable crimes are committed when jurisdictions refuse to cooperate with lawful federal immigration enforcement activities.

Oregon sheriffs and other law enforcement officers are caught in the middle of a highly politicized local and national debate over these policies. Many are left to choose whether to violate state or federal law. This is an untenable position for the men and women who work tirelessly to protect our communities. Since 2015, we have worked with our federal, state, and local law enforcement partners here in Oregon to cure this impasse. Our work will continue tomorrow when we will again convene a large group of law enforcement partners to discuss these new lawsuits and other related issues.””

Two defendants arrested during “Operation End Game,” a multi-agency effort targeting and arresting adult perpetrators seeking sex with children, made appearances in federal court Wednesday.

The U.S. Attorney for the Middle District of Georgia, Charlie Peeler, said this week that Andrew Leo Schafer, 53, of Winder, Georgia previously pleaded guilty to one count of use of facilities in interstate and foreign commerce to transmit information about a minor and was sentenced by U.S. District Judge C. Ashley Royal on March 4, 2020 to 46 months in prison and ten years of supervised release.

Schafer is currently in federal custody, and once he finishes serving his sentence, he will be required to register as a sex offender and undergo computer and phone monitoring.

Fredrick Lamar Smith, 28, of Royston, Georgia entered a guilty plea to one count of use of facilities in interstate and foreign commerce to transmit information about a minor and faces a maximum five years’ imprisonment, a $250,000 fine and at least three years supervised release. Smith remains in federal custody and will be sentenced in Athens, Georgia on June 3, 2020. There is no parole in the federal system.

“These cases are about protecting children. The defendants both made explicit attempts to have sex with a person they believed was a 14-year-old child, but was in actuality an undercover officer working to stop child sex predators. This office will continue to criminally prosecute adults who seek sexual gratification from children,” said U.S. Attorney Charlie Peeler. “I want to thank our law enforcement partners for their collective efforts to stop would-be child predators from harming young children.”

“Operation End Game did exactly what it was tasked to do: Put an end to criminal attempts of predators to irreversibly harm young children,” said Debbie Garner, GBI Special Agent in Charge and Commander of the Georgia Internet Crimes Against Children (ICAC) Task Force. “The GBI and the Georgia ICAC Task Force will work tirelessly with our partners to protect our children against those who seek to harm them.”

“This sentencing and guilty plea are indicative of the FBI’s commitment, along with our federal, state and local partners, to prosecute anyone who would seek sexual gratification from taking advantage of children,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Our message to these predators is you cannot hide behind the ‘anonymity’ of the internet.”

“Operation End Game” was a three-day proactive effort centered in Athens, Georgia in July 2019 to arrest adults communicating with children on-line and then traveling to meet them for the purpose of having sex. The cases were investigated by the U.S. Attorney’s Office for the Middle District of Georgia, the Georgia Internet Crimes Against Children (ICAC) Task Force, the Georgia Bureau of Investigation’s Child Exploitation and Computer Crimes Unit (CEACC), the Athens-Clarke County Police Department (ACCPD), the FBI, and the Athens-Clarke County District Attorney’s Office. Assistant U.S. Attorney Lyndie Freeman is prosecuting the case for the Government.

VALDOSTA, Ga. — The Valdosta Plan Commission is set to hold a public hearing for a home on Forrest Run Circle that the owners plan to turn into a temporary home for ex-offenders.

WCTV reports that the many residents of the community are opposed to the idea and are concerned about the safety of the children in the neighborhood. The property owners understand the concerns of the community but believe that everyone deserves a second chance.

The owners reassure the community that the halfway home will only be open to low-level first time offenders; sex offenders or those with violent history will not be allowed in the program.

A question and answer session will be held on Saturday at 3 p.m. at the property on Forest Run Circle.

A public hearing will be held on January 27 by the City Plan Commission.

THOMASVILLE, Ga. – Thomas County Sheriff’s Office arrested a man on multiple drug charges after it was discovered that he was using a pill press to make fake Xanax, according to WALB.

According to the sheriff’s office, the narcotics agents first saw the pill-making machine when they were looking for sex offenders in the area. After researching to confirm that the device was a pill press, the agents returned to the residence only to find out that the device had been moved to another location.

Twenty-three-year-old Jarshawn Demetrius Holland’s fingerprints were found on the pill press and was identified as the prime suspect.

Agents estimated that the hand-cranked device could easily make at least 200 pills per hour.

Holland faces multiple charges:

• one controlled substance with intent to distribute criminal attempt to manufacture a schedule
• one controlled substance, possession of tools for the commission of a crime and possession of a schedule
• two controlled substance with intent to distribute.

WALTON CO., Ga. – George Randolph “Randy” Jeffery, 59, an associate probate judge, family law attorney, and recently appointed Special Assistant Attorney General (SAAG) in Walton County was sentenced to prison for attempted online enticement of a minor on Wed. Dec. 11. 2019.

Jeffery was communicating online with what he thought was a juvenile female, according to the U.S. Attorney’s Office, Middle District of Georgia.

In October 2019 the FBI received a cyber-tip from the Louisiana Bureau of Investigation (LBI) about the possible online sexual relationship between the juvenile and an adult man based in Monroe, Georgia.

Investigators discovered Jeffery was exchanging messages from February 2019 to August 2018, thinking it was a 14-year-old girl, discussing various sexual acts in detail, including molestation by her father, and exchanging nude photos of the minor and seven other photos of what appeared to be minors.

Jeffery, who worked as an attorney practicing in the areas of child support, adoption and family law, sometimes communicated with the victim from the child support office located behind DFACS in Covington, Georgia and while he was at church.

U.S. Middle District of Georgia statement

In actuality, Jeffery was unknowingly communicating with the girl’s father, who was molesting his daughter and posing as her online, sending pornographic images of her to Jeffery. A search warrant executed at Jeffery’s home recovered multiple electronic devices with numerous images and videos of child pornography, including prepubescent minors and items portraying the sexual abuse of an infant or toddler.

Walton County Probate Judge Bruce Wright told Channel 2 News that he inherited Jeffery as an associate probate judge from the previous administration and that he had handled about one estate case for him a year for the past six years.

“A GBI agent and an FBI agent made me aware of (Jeffery’s charges) prior to the morning of his arrest,” Wright told Channel 2. “I was sad, I was hurt and I was mad all at once.”

Jeffery’s appointment as Special Assistant Attorney General (SAAG) was immediately after hearing of the arrest, according to AJC.

“I believe this multi-agency investigation ultimately stopped a deviant criminal, posing as a law-abiding judge, from doing additional irreparable damage to innocent children,” said U.S. Attorney Charlie Peeler. “Defendant Jeffery, who once swore to uphold the law, will experience the full weight of justice for his unconscionable crimes. I want to thank the GBI, LBI and the FBI for their excellent investigative work and partnership.”

Jeffery, 59, of Monroe was sentenced to 180 months in prison and ten years supervised release on Wednesday by U.S. District Judge C. Ashley Royal after pleading guilty on September 10 to one count of attempted online enticement of a minor.

“This case is particularly disturbing because it is an example that child predators come from all walks of life, even from a position in our justice system,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Now, instead of sitting behind a bench judging right from wrong, Jeffery will be sitting on the other side of the bench in a prison cell paying for what he did wrong.”

Jeffery will have to register as a sex offender and comply with all sex offender requirements when he is released from prison. There is no parole in the federal system. 

“One of the worst types of offenders we come in contact with are those that hold a position of trust in our community. This case proves once again there is no demographic for people who hurt children. When someone with whom we have placed our trust violates that trust in this manner, a child and a community are damaged,” said Vic Reynolds, Director of the Georgia Bureau of Investigations (GBI). “The GBI and the Georgia Internet Crimes Against Children Task Force will continue to work diligently to ensure all people who seek to harm our children and our communities are found and stopped.”

The case was investigated by the GBI, LBI and FBI. Assistant U.S. Attorney Lyndie Freeman prosecuted the case for the Government.

BERRIEN CO., Ga. – Antonio Jemal Owens, age 34, pleaded guilty to Child Molestation and Enticing a Child for Indecent Purposes in the Berrien County Courthouse.

Superior Court Judge Clayton Tomlinson sentenced Owens to 12 years in prison for his crimes against a 14-year-old girl. During the sentencing hearing, District Attorney Dick Perryman’s staff had originally asked for 15 years in prison followed by 25 years on probation. In addition to the 12 years in prison, Owens was sentenced to 18 years additional probation following his release. When Owens is released from prison, he will be required to follow sex offender probation requirements and will be banished from the counties of Atkinson, Berrien, Clinch, Cook and Lanier.

“Protecting the children of this circuit is one of the top priorities of my office and I am proud we were able to send this predator off,” commented Alapaha Judicial Circuit D.A. Dick Perryman. “I am grateful for the hard work and effort from my staff including Assistant District Attorney Allen Lawson. I must also commend the work of the Ray City Police Department and the Berrien County Sheriff’s Office. While the innocence lost at the hands of this man can never be recovered, I am pleased with the outcome of this case.”

COOK COUNTY, Ga – Cook County’s Devant Lamont Miller, age 21, has pleaded guilty to child molestation and statutory rape of a 12-year-old female during his sentencing last week. 

Miller was sentenced to 30 years, with 15 years to be served in a Georgia prison. His sentence will also include banishment from the Alapaha Judicial Circuit, and registration as a sex offender.  

Chief Superior Court Judge Howard McClain took Miller’s guilty plea and entered the sentence against him 

 “It is a great relief to have a predator like Devante Miller off the street and to know that our children are safer today with Miller in prison. Individuals that harm children shall be punished to the full extent of the law. I am proud that my office continues to prosecute and imprison people who harm children in this judicial circuit,” District Attorney Dick Perryman stated. “I must thank the Sparks Police Department and the Cook County Sheriff’s Office for their hard work on this case. I must also thank ADA Jennifer Rue Smith for her dedication in seeing this case to its conclusion.”