Open records request: Fulton County Sheriff - Re: Compliance OCGA 42-4-14

Photo: Fulton County Government.

The below email was sent (forwarded return mail rejected because of bad address on website) to the Fulton County Sheriff Feb 16, 2021 at 12:04 PM, Feb 16, 2021 after phone conversation with staffer. Sent to Pat.labat@ fulto. Also to Fulton Co. Attorney.

Note: We also sent open records requests to Gwinnett Sheriff and Cobb Sheriff.

Begin forwarded message:

From: “D.A. King” <D

Subject: open records request Re; OCGA 42-4-14

Date: February 16, 2021 at 11:25:23 AM EST

To: Patrick.Labat@ ful

Cc: steven.rosenbev, Dexter.Jenkin, Adam.Le, Derrick.Single

Fulton Co. Sheriff Patrick Labat. Photo: Ballotopedia

Sheriff Labat,

Please regard this email as my official request for copies of public records.

Please send me copies of any and all documents, emails, phone logs or any record, including ~~electrons~~ (electronic) records in your office pertaining to and or associated with any arrest, custody or incarceration of one Jesus Alvarez De La Rosa who the Atlanta Journal Constitution newspaper reports was booked into the Fulton Co. jail on (or about) Feb 15, 2021.

Please send me copies of any and all documents, emails, records, including electronic records, or phone logs pertaining to and or associated with any communication with federal immigration authorities in the U.S. Department of Homeland Security, including Immigration and Customs Enforcement (ICE) dealing with or associated with the arrest, booking and confinement of the subject named above. My request includes all records in your office relating to the state law (OCGA 42-4-14) that requires your office to use reasonable effort to determine the inmate’s nationality and verify immigration status and to report the inmate to U.S. DHS if he is determined to be an illegal alien.

Please include copies of any and all documents, queries, records, including electronic records, and logs related to communication between your office and the Law Enforcement Support Center (LESC) dealing with the arrest process and or confinement of the above named subject.

I expect my request to be expanded.

Thank you in advance for a timely and relevant response.

As an informative courtesy, I paste below the entire code section OCGA 42-4-14.

D.A. King

Marietta, GA. 30066

O.C.G.A. § 42-4-14

Copy Citation

Current through the 2020 Regular Session of the General Assembly

GA – Official Code of Georgia Annotated
TITLE 42. PENAL INSTITUTIONS
CHAPTER 4. JAILS
ARTICLE 1. GENERAL PROVISIONS

42-4-14. “Illegal alien” defined; determination of nationality of person charged with felony and confined in a jail facility

(a) As used in this Code section, the term “illegal alien” means a person who is verified by the federal government to be present in the United States in violation of federal immigration law.

(b) When any person is confined, for any period, in the jail of a county or municipality or a jail operated by a regional jail authority in compliance with Article 36 of the Vienna Convention on Consular Relations, a reasonable effort shall be made to determine the nationality of the person so confined.

(c) When any foreign national is confined, for any period, in a county or municipal jail, a reasonable effort shall be made to verify that such foreign national has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the foreign national, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated by the federal government. If the foreign national is determined to be an illegal alien, the keeper of the jail or other officer shall notify the United States Department of Homeland Security, or other office or agency designated for notification by the federal government.

(d) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release; provided, however, that upon verification that any person confined in a jail is an illegal alien, such person may be detained, arrested, and transported as authorized by state and federal law.

(e) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section.

History

Code 1981, § 42-4-14, enacted by Ga. L. 2006, p. 105, § 5/SB 529; Ga. L. 2008, p. 1137, § 4/SB 350; Ga. L. 2009, p. 8, § 42/SB 46; Ga. L. 2009, p. 970, § 2/HB 2; Ga. L. 2011, p. 794, § 13/HB 87.

___

I received the below response at 1:28 PM same day.

Dear D.A. King:

Thank you for submitting an Open Records Request to Fulton County, Georgia.

The County received your Open Records Act request dated February 16, 2021 and has assigned the reference number R001016-021621 for tracking purposes.

Record(s) Requested: Please regard this email as my official request for copies of public records. Please send me copies of any and all documents, emails, phone logs or any record, including electrons records in your office pertaining to and or associated with any arrest, custody or incarceration of one Jesus Alvarez De La Rosa who the Atlanta Journal Constitution newspaper reports was booked into the Fulton Co. jail on (or about) Feb 15, 2021. Please send me copies of any and all documents, emails, records, including electronic records, or phone logs pertaining to and or associated with any communication with federal immigration authorities in the U.S. Department of Homeland Security, including Immigration and Customs Enforcement (ICE) dealing with or associated with the arrest, booking and confinement of the subject named above. My request includes all records in your office relating to the state law (OCGA 42-4-14) that requires your office to use reasonable effort to determine the inmate’s nationality and verify immigration status and to report the inmate to U.S. DHS if he is determined to be an illegal alien. Please include copies of any and all documents, queries, records, including electronic records, and logs related to communication between your office and the Law Enforcement Support Center (LESC) dealing with the arrest process and or confinement of the above named subject. I expect my request to be expanded. Thank you in advance for a timely and relevant response.

We will send out the request to the appropriate department(s). If you should have any questions or concerns about the requested documents, please feel free to contact the Fulton County Open Records team. If there should be a cost associated with the Open Records Request we will contact you in a timely manner.

Fulton County has a new Open Records Center that allows you to submit and track Open Records Act requests. Please visit the link below to monitor request progress and submit future requests.

Open Records Center

Fulton County Open Records

I support the police.
All lives matter.

Angel Dad Never Got to See Justice Served for Son, Killed by Illegal Alien

It was Father’s Day weekend in the year 2000. Dustin Inman, 16 years old, was in the car with his parents, Billy and Kathy Inman, and their dog. The family was headed to the mountains in north Georgia for some fishing.

Also on the road that day was Gonzalez Gonzalo Harrell, an illegal alien from Mexico who had secured a North Carolina driver’s license using his Mexican birth certificate.

While Billy Inman had stopped their vehicle at a red light, Gonzalo Harrell slammed into the back of them, going 62 miles per hour. The collision instantly killed Dustin Inman and their family dog.

Billy and Kathy Inman were both left unconscious at the scene. When first responders arrived, the Inmans and Gonzalo Harrell were taken to a nearby hospital. While being treated for injuries, Gonzalo Harrell fled the hospital.

Meanwhile, Billy Inman was treated for his injuries caused by the collision while his wife was in a coma for five weeks. Neither was able to attend Dustin’s funeral.

Gonzalez Gonzalo Harrell, an illegal alien from Mexico (left), remains a fugitive of justice after allegedly killing 16-year-old Dustin Inman in 2000 (right). (Photos via FBI/Dustin Inman Society)

When Kathy Inman regained consciousness, she was told of Dustin’s death. Kathy was left with permanent injuries from the collision — injuries that bound her to a wheelchair.

Following the collision and Gonzalo Harrell’s fleeing, the Inman’s made it their life mission to bring justice for their son. In January 2001, Gonzalo Harrell was indicted by a Gilmer County, Georgia, grand jury which charged him with first-degree vehicular homicide, two counts of serious injury by vehicle, and reckless driving.

In June 2002, a federal Unlawful Flight to Avoid Prosecution warrant was obtained by the Federal Bureau of Investigation (FBI). In March 2014, the FBI issued a news release seeking the public’s help in finding Gonzalo Harrell.

Billy and Kathy Inman, in 2018, detailed their son’s death and revealed that they had spoken with then-President Trump about their case and their continuing fight to find Gonzalo Harrell, as Breitbart News reported.

“I lost my best friend,” Billy Inman said. “My little buddy. This is something I want nobody else to have to go through.”

“Our son’s been gone 18 years. This man’s been walking the streets for 18 years since what he did to my family,” he continued. “He’s gotten to see his kids grow up and graduate and do something and get married and whatever they do. He gets to hug his kid.”

Then, about a year later, in June 2019, Billy Inman died at the age of 55. A little over two years after Billy’s death, in August 2021, Kathy Inman died at the age of 57. Neither were able to see justice for their son, Dustin.

The Dustin Inman Society, named in Dustin’s honor, continues its grassroots efforts fighting illegal immigration and amnesty proposals in Washington, D.C. The FBI is still offering a cash reward of $2,000 for anyone with information on Gonzalo Harrell.

Those with information are asked to contact Crime Stoppers Atlanta at (404) 577-TIPS (8477). Full article from Breitbart here.

John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.