GA Supreme Court overturns Dodge County man’s sentencing for intimidating court clerk, animal cruelty
Lister Harrell was indicted on two felony counts of intimidation of a court officer and one felony count of aggravated cruelty to animals in June 2013, according to the state Supreme Court.
Justices unanimously ruled the acts of intimidation against the court officers were not “true threats” of violence and were therefore protected by the First Amendment’s rights to free speech. Harrell’s attorney explained the U.S. Supreme Court ruled in order for a comment to be intimidating, it has to be a “true threat.”
“That is a legal term. That means that it really does have to mean a threat of bodily harm,” said Tom Jarriel, Harrell’s Attorney.
The opinion also said the charges shouldn’t have been tried together because there was no proven connection between the two.
Court records show Harrell was originally charged with violating state law when he turned off a tenant’s electricity. When he did not appear for court, an arrest warrant was issued. Dodge County Court Clerk Rhett Walker testified that Harrell called him in April 2013 and said if Walker didn’t have the bench warrant lifted by a certain time, Harrell was going to “turn my world upside down.” Walker said the call concerned him and he felt intimidated.
Deputy Chief Clerk Tammy Graham told the court she learned from friends and family that Harrell posted on Facebook that Graham had engaged in a group sex act with Harrell and others. Officials said this was a lie and the video did not exist, but Harrell claimed he would show the video if the bench warrant wasn’t lifted.
Around the same time, Harrell called his ex-girlfriend, Shirley Webb, telling her there was something in her mailbox, according to court records. He called her a second time threatening to release a group sex video involving Webb on the Internet. Webb’s current boyfriend testified that he went to the mailbox and found a dead cat inside. He said while he was at the mailbox, Harrell drove by, slowed down and pointed at the mailbox.
During trial, Harrell said he didn’t kill a cat or put a dead cat into a mailbox. He admitted to making the phone call to Graham, making Facebook postings and lying about Graham. He denied any threats or intimidation.
In June 2014, a jury found Harrell guilty of misdemeanor cruelty to animals and both counts of intimidating a court officer. He was sentenced to six years in prison followed by six years on probation. Harrell then appealed to the state Supreme Court.
The Georgia Supreme Court justice’s opinion said “a state can criminalize some speech made with the intent to intimidate another without running afoul of the First Amendment,” but they believe the law was unconstitutionally applied to Harrell. The opinion also said “his speech can not be considered to constitute ‘true threats,’ and thus does not constitute any proscribable act of intimidation.”
Justices ruled the animal cruelty case should not have been tried in the same proceeding. “Although the acts were alleged to have been committed in close proximity of time, the record is devoid of any indication that they were committed in pursuit of some common scheme or that they had some connection. As alleged, they were simply separate crimes of different character, committed 13 days apart,” stated the opinion.
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