STOP the abuse of power by Buncombe County NC DA & free Kagan Williams

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The Issue

Petition for Independent Review in the Case of Kagan

Williams

Kagan Williams was charged with assault by strangulation on December 3, 2018. Over the next three

years, he appeared in court approximately ten times on this single charge. During that time, the

prosecution offered four plea deals proposing prison sentences of 10 to 20 months, despite the charge

carrying a presumptive sentence of 7 to 10 months. Mr. Williams maintained his innocence, rejected all

plea offers, and exercised his constitutional right to a jury trial.

Just twenty-one days before trial, the prosecution threatened to indict Mr. Williams on a new and far

more serious charge—attempted second-degree forcible rape—if he did not accept a plea deal. When

he refused, the new charge was filed. At trial, every key witness, including the alleged victim, testified

that no sexual assault had occurred. Nevertheless, Mr. Williams was convicted after the jury

deliberated for less than thirty minutes.

The alleged victim has never stated that she was sexually assaulted or that Mr. Williams attempted to

rape her. Medical testimony conflicted, with the examining physician stating there was no facial

bruising, while a prosecution expert who had not treated the victim offered a contrary opinion. Law

enforcement officers testified that no attempted rape charge was brought at the time of the incident

because the alleged victim did not wish to pursue charges.

Mr. Williams was sentenced to seven and one-half years in prison on the attempted rape conviction and

an additional 7 to 10 months on the original charge. As a result, he has lost his freedom, his home, and

his livelihood, and has been separated from his young daughter.

We respectfully call for an independent review of this prosecution and for accountability to ensure that

plea practices and charging decisions are not used to coerce defendants or punish them for exercising

their right to trial. Please add your name to this petition and help demand transparency, fairness, and

justice.

 

Petition Updates