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Kirkland v. State

Defendant's prior acquittal on an attempted burglary charge arising out of his connection with a "Bad Cop" crime ring did not preclude his trial on other charges attributed to the crime ring.

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A Fulton County jury convicted James Donald Kirkland of three counts of burglary, OCGA § 16-7-1; three counts of armed robbery,

OCGA § 16-8-41; one count of aggravated assault, OCGA § 16-5-21; two counts of kidnapping, OCGA § 16-5-40; and two counts of possession of a firearm during the commission of a crime, OCGA § 16-11-106. The charges were based on four incidents in Fulton County during June and September 1992: 1 nighttime entry into the Foxx Adult Entertainment Club and theft of a safe containing money; 2 nighttime entry into a Home Depot store and theft of tools; 3 nighttime entry into the same Home Depot, use of armed force to make the store manager open the safe, and theft of money; and 4 armed robbery of two bouncers in the parking lot of the Blue Flame Club. As to each count, Kirkland was indicted along with several others. Most of the other defendants were law enforcement officers, and the group was dubbed the “Bad Cop” crime ring.

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