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Tinker Sailor Soldier Pie
Picture of Balzé Halzé
posted
Dang. Was Dr. Evil on that jury? My word.

Georgia jury awards $1 billion after guard rapes teen
By KATE BRUMBACK | Associated Press

ATLANTA – A Georgia jury has awarded an eye-popping $1 billion verdict against a security company after an apartment complex guard was convicted of raping a 14-year-old girl.

Hope Cheston was outside by some picnic tables with her boyfriend during a party in October 2012 when an armed security guard approached, attorney L. Chris Stewart told The Associated Press on Wednesday. The guard told the boyfriend not to move and raped Cheston, Stewart said.

The guard, identified in the lawsuit as Brandon Lamar Zachary, was convicted of statutory rape and is serving a 20-year prison sentence, according to online prison records.

Renatta Cheston-Thornton filed a lawsuit in March 2015 on behalf of her daughter, who was still a minor at the time. The jury on Tuesday handed down the verdict against Crime Prevention Agency, the security company that employed Zachary.

Zachary, who was 22 at the time of the rape, should never have been hired because he wasn't licensed to be an armed guard, Stewart said.

The judge had already determined the security company was liable, so the jury was only determining damages, Stewart said. After reading the verdict, Stewart said, jurors immediately left the jury box — without waiting for the judge's permission — to hug Cheston and her mother.

Attempts by the AP to reach the company for comment were unsuccessful. Online corporate registration information for Crime Prevention Agency shows that it was dissolved in 2016. The phone at a number listed online for Mario Watts, who's named on the corporate registration as the CEO and identified in the lawsuit as the company's registered agent, rang unanswered Wednesday.

The Associated Press does not generally identify victims of sexual assault, but Cheston, who's now 20, said she wanted her name used. A full-time college student who plans to spend her summer working with an organization in downtown Atlanta that helps homeless people, Cheston said she wants her story to provide strength for other sexual assault victims.

A lot of women who suffer sexual assault don't pursue justice, choosing instead to put it behind them, she said in a phone interview Wednesday.

"I feel like my case is just to show that you may not get it immediately, but you will get what you're worth," Cheston said. "This shows that people do care about the worth of a woman."

Stewart, who has tried a lot of sexual assault cases, said he was shocked when he heard the verdict. He said he had asked jurors to really determine the value of the pain caused by the rape.

"I was really proud of the jury because there is no basis in the legal world for how high a rape verdict can be," he said.

Verdicts in the tens of millions of dollars, or even hundreds of millions, are not uncommon, Jeff Dion, director of the National Crime Victim Bar Association said in an email. But he's never heard of a $1 billion verdict in a case with a single victim.

"This jury was clearly trying to send a message about bad conduct on the part of the company," Dion wrote.

It is more than likely that the security company will appeal the verdict, said Georgia State University law professor Jessica Gabel Cino. An appeals court would consider the reasonableness of the verdict and would also compare it to those awarded in similar cases to see if it's proportional, and it will likely be lowered, she said.

Cino agreed that this verdict was highly unusual but said the allegations in the case seemed especially egregious.

"The facts are just so in the plaintiff's favor when you put all of this together," she said. "I mean, it's really kind of serving up the right case on a platter to the jury."

http://www.foxnews.com/us/2018...uard-rapes-teen.html


~Alan

Acta Non Verba
NRA Life Member (Patron)
God, Family, Guns, Country

Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan

 
Posts: 31139 | Location: Elv. 7,000 feet, Utah | Registered: October 29, 2012Reply With QuoteReport This Post
The Unmanned Writer
Picture of LS1 GTO
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quote:
After reading the verdict, Stewart said, jurors immediately left the jury box — without waiting for the judge's permission — to hug Cheston and her mother.


Sounds like the plaintiff's attorney did well developing an emotional attachment between the jurors and his client.

I suspect the young lady will realize less than 1/500 of the money though (and that's before her lawyer gets his cut).






Life moves pretty fast. If you don't stop and look around once in a while, you could miss it.



"If dogs don't go to Heaven, I want to go where they go" Will Rogers

The definition of the words we used, carry a meaning of their own...



 
Posts: 14225 | Location: It was Lat: 33.xxxx Lon: 44.xxxx now it's CA :( | Registered: March 22, 2008Reply With QuoteReport This Post
What is the
soup du jour?

posted Hide Post
Next it'll be infinity bajillion dollars.
 
Posts: 2084 | Location: TX | Registered: October 28, 2010Reply With QuoteReport This Post
Member
posted Hide Post
quote:
jurors immediately left the jury box — without waiting for the judge's permission — to hug Cheston and her mother.



That I have a problem with.
 
Posts: 7163 | Registered: April 02, 2011Reply With QuoteReport This Post
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posted Hide Post
No problem.



_________________________
"Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it."
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Posts: 13388 | Registered: January 17, 2011Reply With QuoteReport This Post
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posted Hide Post
quote:
Originally posted by ulsterman:
quote:
jurors immediately left the jury box — without waiting for the judge's permission — to hug Cheston and her mother.



That I have a problem with.


As an attorney, that's when you know you just hit it out of the park......unless you are counsel for the other side.....
 
Posts: 2044 | Registered: September 19, 2011Reply With QuoteReport This Post
Move Up or
Move Over
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The company was dissolved in 2016. Who do they think they are going to get money from?

Later some talking head is quoted as saying the (dissolved) company would appeal.

I don't know the ins and outs of corporate insurance but it seems to me the only player left might be the insurance company that insured the security company at the time of the assault.

Seems to me this was a colossal waste of time and money. But, if she gets even a dime or if she gets some emotional release then I'm ok with it.


Personally I would rather give her a shotgun and let her shoot the rapist in the groin. I would also prefer that there be a 30 minute moratorium from any medical care be administered. If he survives, fine. If he doesn't, that's fine as well...
 
Posts: 4954 | Location: middle Tennessee | Registered: October 28, 2008Reply With QuoteReport This Post
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posted Hide Post
quote:
Originally posted by Southflorida-law:
quote:
Originally posted by ulsterman:
quote:
jurors immediately left the jury box — without waiting for the judge's permission — to hug Cheston and her mother.



That I have a problem with.


As an attorney, that's when you know you just hit it out of the park......unless you are counsel for the other side.....


Very true. I understand 100% how they feel but Lady Justice is blind. We testified at a murder trial. When the guilty verdict was read, we quietly got up, and left the court room. We met the family in a secure room and there were a lot of "Hell Yea!" and back slapping. But in a court room, decorum is king.
 
Posts: 7163 | Registered: April 02, 2011Reply With QuoteReport This Post
Tinker Sailor Soldier Pie
Picture of Balzé Halzé
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quote:
The guard, identified in the lawsuit as Brandon Lamar Zachary, was convicted of statutory rape and is serving a 20-year prison sentence, according to online prison records.


For those more knowledgeable, is there a reason why he was convicted of statutory rape and not "rape" (forcible rape)? Was statutory just a given and therefore easier to convict? Or is that always standard for an underage victim? Does it even matter one way or the other as far as sentencing?


~Alan

Acta Non Verba
NRA Life Member (Patron)
God, Family, Guns, Country

Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan

 
Posts: 31139 | Location: Elv. 7,000 feet, Utah | Registered: October 29, 2012Reply With QuoteReport This Post
Member
Picture of FiveFiveSixFan
posted Hide Post
quote:
Originally posted by Balzé Halzé:


For those more knowledgeable, is there a reason why he was convicted of statutory rape and not "rape" (forcible rape)?


Perhaps some of the lawyers will clarify, but in general, the statutory provision precludes using consent as a defense since when the victim is under a certain age, there is no provision for consent.
 
Posts: 7402 | Registered: January 10, 2009Reply With QuoteReport This Post
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posted Hide Post
quote:
Originally posted by FiveFiveSixFan:
quote:
Originally posted by Balzé Halzé:


For those more knowledgeable, is there a reason why he was convicted of statutory rape and not "rape" (forcible rape)?


Perhaps some of the lawyers will clarify, but in general, the statutory provision precludes using consent as a defense since when the victim is under a certain age, there is no provision for consent.


FiveFive’s statement is true. But the answer to Balze’s question in this case is that it was a plea bargain (nolle prossed means dismissed):

https://www.claytoncountyga.go...s/court-case-inquiry

 
Posts: 1172 | Registered: July 06, 2016Reply With QuoteReport This Post
No double standards
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I wonder, just who will have to come up with $1B? I wonder just how few pennies on the dollar will end up settling the claim?




"Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can save it....While it lies there, it needs no constitution, no law, no court to save it"
- Judge Learned Hand, May 1944
 
Posts: 30668 | Location: UT | Registered: November 11, 2003Reply With QuoteReport This Post
Tinker Sailor Soldier Pie
Picture of Balzé Halzé
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Ah, thank you much.


~Alan

Acta Non Verba
NRA Life Member (Patron)
God, Family, Guns, Country

Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan

 
Posts: 31139 | Location: Elv. 7,000 feet, Utah | Registered: October 29, 2012Reply With QuoteReport This Post
We gonna get some
oojima in this house!
Picture of smithnsig
posted Hide Post
quote:
Originally posted by Scoutmaster:
I wonder, just who will have to come up with $1B? I wonder just how few pennies on the dollar will end up settling the claim?


These verdicts are about making a settlement, not about actual payout.


-----------------------------------------------------------
TCB all the time...
 
Posts: 6501 | Location: Cantonment/Perdido Key, Florida | Registered: September 28, 2009Reply With QuoteReport This Post
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