05 LC 29
1624
House
Resolution 96
By:
Representatives Bordeaux of the
162nd
and Sims of the
169th
A
RESOLUTION
Compensating
Mr. Douglas Echols; and for other purposes.
WHEREAS,
on the morning of February 1, 1986, a woman in Savannah, Georgia, was kidnapped,
raped, and robbed by three unknown assailants; and
WHEREAS,
Mr. Douglas Echols was then residing in Savannah, Georgia, with his wife and
children, serving as a Staff Sergeant in the 360th Quartermaster Corps under the
175th Ranger Battalion in the United States Army based out of Hunter Army Air
Field, and he had over ten years of experience in the army, previously serving
in Germany, Turkey, Korea, and Grenada; and
WHEREAS,
on June 11, 1986, Mr. Douglas Echols was indicted by the Grand Jury of Chatham
County for the rape, robbery, and kidnapping of Donna Givens and for false
statement; and
WHEREAS,
on March 26, 1987, Mr. Douglas Echols was tried and convicted of rape,
kidnapping, and false statement in Chatham County, Georgia; and
WHEREAS,
at his trial Mr. Echols testified that he was not guilty in connection with the
kidnapping and rape of the woman in Savannah, Georgia, and two witnesses
corroborated Mr.
Echolś
testimony; and
WHEREAS,
on March 26, 1987, the court sentenced Mr. Echols to serve 15 years for rape, 15
years for kidnapping, and one year for false statement, the sentences to run
concurrently; and
WHEREAS,
on February 4, 1988, the Court of Appeals of Georgia affirmed Mr.
Echolś
convictions and, on February 19, 1988, denied a motion for a rehearing;
and
WHEREAS,
during his imprisonment, Mr. Echols was subjected to severe violence from
inmates due to his conviction as a rapist and was transferred five times to
different prisons, one being a medical prison, each time being a new target for
sex and intimidation; and
WHEREAS,
among the injuries he suffered were stab wounds from a screwdriver; and
WHEREAS,
due to his conviction, Mr. Echols was dishonorably discharged from the United
States Army, thereby losing full health care benefits and education benefits;
and
WHEREAS,
Mr. Echols was released on parole in 1991 after five years in prison, but was
required to wear an ankle monitor at all times and was announced as a convicted
sex offender to his community; and
WHEREAS,
Mr. Echols served approximately another two years in prison after his initial
release due to obtaining a job outside his geographical parole limits; and
WHEREAS,
in July of 2001, DNA testing conducted on behalf of Mr. Douglas Echols at
Forensic Science Associates in California conclusively proved that Mr.
Echolśs
DNA did not match the DNA from the semen obtained from the
victiḿs
rape kit; and
WHEREAS,
on July 19, 2001, the scientific evidence was presented to the District
Attorneýs
Office of Chatham County and, after further testing by the Georgia State Crime
Lab, the state consented to an extraordinary motion for a new trial on June 3,
2002; and
WHEREAS,
on October 7, 2002, the indictments against Mr. Echols for rape and kidnapping
were dismissed; and
WHEREAS,
as a result of nearly 16 years of commitment to the Department of Corrections,
Mr. Echols has suffered loss of liberty, personal injury, injury to reputation,
emotional distress, and other damages and expenses totaling $1.6 million;
and
WHEREAS,
because the conviction, incarceration, and subsequent loss of liberty and other
damages occurred through no fault or negligence on the part of Mr. Echols, it is
only fitting and proper that he be compensated for his loss.
NOW,
THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department
of Corrections is authorized and directed to pay the sum of $1.6 million to Mr.
Douglas Echols, as compensation as provided above. Said sum shall be paid from
funds appropriated to or available to said Department of Corrections and shall
be in full and complete satisfaction of all claims against the state arising out
of said occurrence.