2 college students charged with a felony for playing with fire extinguishers get a day in court • The Georgia Virtue

In the following article, the defendants’ names have been redacted and their initials used because they were convicted under the First Offender Act and the court ordered their records sealed immediately (as opposed to at the end of their sentence). This is not required by law but is a courtesy and editorial decision by TGV News.

Two college students charged with a felony of damaging a fire extinguisher in Georgia Southern solved their cases Monday.

CA and ZS were charged in September 2020 with encroaching on state property. According to arrest warrants from the Georgia Southern Police Department, the two committed the criminal act when they “collaborated in and knowingly stole a fire extinguisher owned by Georgia Southern University, which was located on the first floor of the Southern Courtyard Building #2.” Damage fire extinguisher beyond repair.” They were arrested about a month later and have been out on bail ever since.

CA, represented by Defense Attorney Joey Cowart, and ZS, represented by Defense Attorney Gabe Cliett, appeared in Bulloch County Superior Court before Judge Ronnie Thompson. The case was scheduled to go to court, but after 45 minutes of last-minute negotiations, a negotiated settlement was reached and presented to the court.

ADA Barclay Black’s recommendation was as follows:

• 2 years trial period
• 90-120 days in a suspended prison
• 100 hours community service
• an alcohol and drug assessment + any recommended treatment
• 4. Waiver of Amendment
• a fine of an amount to be determined at the discretion of the judge.
• The sentence would be imposed under the First Offender Act (with the judge’s approval) and protected from public scrutiny at the end of the suspended sentence.

Black told the court that both defendants had already completed some community service hours, possibly as part of Georgia Southern University court cases, and that the state would be willing to accept those hours as part of the sentence if confirmed by parole.

Given the defense’s decision to avoid a trial that would leave 100% judgment to the judge, the state’s offer is believed to have been better than previous offers made since the defendants’ arrests two years ago. The charges carried a sentence of up to five years in prison, along with all the conditions attached to a felony conviction.

Both defendants are now 21 years old and live, work and go to school elsewhere. Judge Thompson asked them a series of questions Monday before officially accepting the lawsuit, including how the fire extinguisher was damaged.

CA told the court that they “played around with him and left him on the floor”. “You [Georgia Southern Police] said it was broken, so…” The extinguisher didn’t discharge.

Cowart told the court that since his arrest, CA had completed 80 hours of community service, completed a fire safety course, had an alcohol and drug evaluation performed by an addiction counselor, and was working to complete his four-year degree. He also works and helps with the expenses associated with studying and living out of state.

Cliett told the court that his client, ZS, went through the Georgia Southern trial and subsequently paid $100 in restitution to the university to replace the fire extinguisher, which was estimated at $90. He also completed a fire safety course and 40 hours of community service. Besides school, he also works.

ADA Barclay Black had his back to the defendants and spoke to other parties for most of the time CA and ZS spoke in court, but near the end of the hearing Thompson asked the state about the timing of the sealing of files. Black acknowledged that the state would not object to the court sealing the records now, as opposed to the end of the verdict.

Defense attorneys’ request to do so will help students during the job search process after graduation, rather than having a felony conviction on their files by December 2024.

Both defense attorneys asked the court, when imposing a fine, to take into account that while the students are supported by their families, the defendants alone are responsible for paying those fines.

“We don’t want to put him in a situation where he has to choose between going to school and working to pay the fine, Your Honor,” Cliett said. “It defeats the purpose of his father paying the fine.”

When asked about restitution versus a fine, Thompson asked Black to confirm that the state was not seeking restitution, but a fine.

Black told the court that he believed the defendants should pay a fine to repay some of the costs associated with the justice system’s handling of the case.

Thompson informed the defendants that he would fine anyone under the recommendations $500 each, plus additional fees associated with fines.

“They take responsibility and the First Offender Act is out there for cases like this,” Thompson said. “You made a mistake. There are worse things you could have done.”

Thompson also told them that they would have to do their “best efforts” to pay back the fine, but that it was the least important on the list of penalties. He stressed the need to pay monthly fees for probation, since probation actually has costs.

Prior to the conclusion of the hearing, ZS apologized in open court to a GSU official, to whom he made a lewd remark. He explained that he was drunk and not acting like he normally would, before apologizing for the remarks.

Officer Doyle thanked him for the apology and said she appreciated it.