Former FCHS student gets 4 years prison for gang fight

Wed, 12/03/2008 - 3:30pm
By: The Citizen

UPDATED

A former senior at Fayette County High School was sentenced this morning to four years in prison for his participation in a bathroom fight between rival gang members at the school in November 2007.

Andre Scott, 18, was also sentenced to eight years probation following the prison term. He will be eligible for parole, prosecutors said.

Superior Court Judge Paschal A. English Jr. found Scott guilty of participating in a criminal street gang after a brief bench trial this morning. Then English took a rather unusual step: he wished Scott "good luck."

The Judge took the sentiment one step further directly after the hearing. He stepped down from the bench, walked to the defense table and shook Scott's hand, wishing good luck one more time before he was taken into custody by court bailiffs.

Addressing Scott from the bench earlier, English said he thought Scott could still have "a wonderful life" despite the prison sentence.

"I think you have success written all over you," English said, pointing out the support of family members and friends who attended the hearing to support him. English pointed out that the charges against Scott have had a negative affect on them too.

Earlier in the hearing Scott stood and addressed the court, saying he wanted to take responsibility for his actions.

"I'm not here to say 'I didn't do anything' or 'I'm completely innocent of the crime,'" Scott said.

Scott also turned to his family and friends and thanked them for their support.

Asked how he would like to educate other youths considering joining a gang, Scott replied that he'd like to tell those kids there are no benefits to the lifestyle and "there are consequences and repercussions."

Scott's defense attorney noted that not only was he taking responsibility for his actions but he also continued to better himself by graduating from another high school after he was kicked out of FCHS. It was also noted that Scott is attending the Atlanta Art Institute and another school to further his education while holding two jobs.

Defense attorney Rodney Williams said he has represented a number of gang members in court cases, but his experience was if Scott was a real gang member he wouldn't have bothered to finish high school. Williams also noted that despite knowing he would likely be going to jail today, Scott was at work yesterday unlike others who might have skipped work to have fun before facing a prison sentence the next day.

A video of the gang "fight" was played in court, as two students were pitted against each other in what prosecutors said was a fight arranged to improve one of the fighters' rank in the gang, which was referred to as the "Fayette County Crips."

The video was found on Scott's MySpace web page, along with a video of Scott and others that showed a gun being passed around and pointed at others in what appeared to be a joking manner. Scott also had gang-related graphics on the website glorifying the Crips.

Judge English asked Scott several questions, including how many "Crips" gang members there are in Fayette County. Scott said he thought there were seven or eight.

Scott said he didn't orchestrate the fight to take place at FCHS but said he was in the bathroom "to watch the fight."

When asked how to keep gangs out of Fayette County, Scott replied that making sure kids get an education is important so they can learn to make the right decisions.

Scott's father is imprisoned in California and his mother moved him away from the state when he was eight in an effort to escape gangs, a defense attorney told the court.

"Some of this has been around him since he's been growing up," Williams said, referring to the gang lifestyle.

Williams said Scott used the Internet to download the "gang bibles" he was accused of distributing to two students.

No witnesses were called for the prosecution during the trial as Scott's defense attorneys stipulated to many facts in the case.

In return for those stipulations, prosecutors agreed to drop three of the four charges against Scott: two for participating in a criminal street gang and one for disrupting a public school. Of those charges, one was for beating up another youth as a gang initiation and the other was for organizing the gang.

Three juveniles have been sentenced to time in a youth detention center in connection with this case, said Assistant District Attorney Jeremy Hayes. One of those defendants, accused of being the organizer of the rival "blood" gang, was given 48 months in a YDC, Hayes said, adding that was similar to the state's recommendation for Scott.

Prosecutors said school and police officials found a Crips gang bible in one of the student's lockers and a Bloods gang bible in another student's locker while investigating the bathroom fight.

English denied a request to sentence Scott under the first offender act, which would have conceivably wiped the offense off his record should he successfully complete his full prison and probation sentence.

English also turned down a defense motion to declare the state's gang statues unconstitutional. Defense attorneys indicated that may be an issue they raise in a possible appeal of the case.

Though Scott in essence admitted guilt to the one count of participating in a criminal street gang, he did not enter a guilty plea but rather acquiesced to having a bench trial in which the judge would render the verdict instead of a jury.

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Submitted by wildcat on Wed, 12/03/2008 - 10:55pm.

Yea..it sure does seem that way, doesn't it? And just think, we only know about the cases that make the paper. My kid was attacked at school...16 stitches in the head. Two felony charges for the attacker..never made the paper. Just recently a MHS kid threatened another kid with a knife. Never made the paper. We're always kept in the dark, but hey, those with the secrets have the power, right?

The 5-0's picture
Submitted by The 5-0 on Wed, 12/03/2008 - 3:12pm.

The moron filmed the fight and posted it on his gang-glorifying myspace page.

If that's not good enough evidence that a fight took place, then what is?


dawn69's picture
Submitted by dawn69 on Mon, 12/08/2008 - 10:19am.

Yeah, in my day we were smart enough not to document our misbehavior.

"A picture is worth a thousand denials" - Ronald Reagan


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