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The State v. Echols

Delayed Production of Exculpatory Evidence is not a Brady Violation

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McMillian, Judge.The State appeals the trial court’s order dismissing the accusation against Kingsley Echols based on an alleged Brady[1] violation, arguing that no Brady violation existed and the pre-trial dismissal was improper. For the following reasons, we agree and reverse.   The record shows that Echols was charged in Fulton County with two misdemeanor counts of family violence simple battery under OCGA § 16-5-23 (f). These charges stemmed from an alleged altercation between Echols and his grandmother and his girlfriend. The grandmother called the police, and an officer created an incident report which included a narrative of his conversation with the victims when he responded to the call. According to the incident report, Echols’ grandmother called 911 to report Echols attacking both his girlfriend and her. The report stated that the grandmother said that Echols pushed his girlfriend to the ground; that she attempted to pull Echols off his girlfriend; and that Echols subsequently punched and pushed the grandmother. Also in the report were statements from Echols’ girlfriend that Echols did not hit his grandmother and instead only put his hands up to keep his grandmother away. The incident report noted that both victims had completed written witness statements relating to the incident.In April 2017, Echols filed a motion requesting discovery of, among other things,[a]ny and all materials now known to the State, or materials that may become known, or materials that through due diligence may be learned of from investigating officers or witnesses or persons having knowledge of said case, that is exculpatory in nature, or favorable to the accused, or that may lead to exculpatory or favorable material . . . .

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