Open records request - Cobb County Sheriff - Feb 15, 2021 Re; OCGA 42-4-14

Cobb Sheriff Craig Owens Jr. Photo: CCSO/WABE/Twitter

Open records request Re; Compliance with OCGA 42-4-14 Email traffic.

Email sent 11:21 AM – FEB 15, 2021

____

Sheriff Owens,

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 Rony Perez-Lucas who at least one local news report claims was arrested on Feb 9, 2021 and is or was confined in the Cobb County jail.

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 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

Current through the 2020 Regular Session of the General Assembly

§ 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.

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Response received from Sheriff Owens address at 11:43 AM:

Good morning Mr. King,

Please send all Open Records request for the Cobb Sheriff’s Office to Ms. Robin Clements our Custodian of Records she handles all Open records request for Cobb Sheriff’s Office.

Thank you and have a great day!

__________

I forwarded the original email to Robin Clements a few minutes later and was sent this response.

On Feb 15, 2021, at 12:31 PM, Clements, Robin <Robin.Clements@cobbcounty.org> wrote:

Good Morning Mr. King,

I have attached the arrest/booking report along with a color mugshot. All charges were obtained by the Cobb County Police Department, not our agency. In order to retrieve an incident report please contact Cobb County Police at policeopenrecordsofficer@cobbcounty.org. Their case number is 21009562. For information regarding the immigration status of Rony Perez please contact the Department of Homeland Security/ICE. I am only the custodian of records for the Cobb County Sheriff’s Office. Have a great rest of the day and stay safe!

Very Respectfully,

<image001.gif>

Robin E. Clements

Executive Asst. to Chief Deputy R. W. Anderson

Public Safety Services Coordinator

185 Roswell Street

Marietta, GA 30090-9650

770.499.4748 Office

Robin.Clements@cobbcounty.org

_________

I then sent this (1:05 PM) in an effort to be sure my original request was clear to all concerned at the CCSO.

Ms.Clements,

Thank you. To be clear, my request included records that would exist if the Cobb County Sheriff office is in compliance with OCGA 42-4-14. I want to be sure there is no confusion and that these are the only records your office can produce for my request on the booking and incarceration of this individual, including any records that would exist due to compliance with the above state law.

I strive for accuracy.

dak

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.