It was February 16, 2020 when Damia Mitchell, age 17 turned herself in after the events that took place on Valentine's Day. A woman, age 20 was tragically shot and killed that day. It was proven during Damia's trial that she was not the shooter in the incident. She didn't have a gun at all. Her only crime was being present at the scene of the crime and fleeing out of fear for her safety. 

One of the most misused laws in the state of Georgia is the Georgia accessory (party to a crime) Statue. To be convicted as a party to a crime, there must be proof, beyond a reasonable doubt, that he or she intentionally aided or abetted the commission of the crime, or intentionally advised, encouraged, hired, counseled, or procured another to commit the crime.  Although none of these things were proven during her trial, Damia was sentenced to 140 years in prison.

Damia has no prior criminal history or criminal record. Damia was not and has never been a part of any gang or gang activity before or after her conviction. She was gang enhanced based on the state of Georgia's street gang statue. This law will enhance any conviction up to life imprisonment if the crime was committed by more than 2 people, the individual(s) was wearing a color associated with a known street gang, the individual(s) has hairstyles associated with local street gangs. In the state of Georgia, gang enhancements are disproportionately given to black and brown people. Gang enhancements are only supposed to be given if the person has been seen participating in gang activities. Again, none of this was proven during her trial.  Evidence was tampered with during the initial investigation. The original indictment was changed during deliberation before the verdict was delivered. The judge waited for her to turn 18, so she wouldn't qualify as a youth offender, and the life sentence would stick.  We are asking not only for a retrial but for the injustices that took place during Damia's initial trial to be investigated.  Damia needs to be given a fair and unbiased trial without violating her Constitutional rights.

We appreciate all of your support and love 

Please send support letters to her attorney at khalil@danielsjameslaw.com