Former Clayton County Sheriff Victor Hill will have to report to a federal prison in Arkansas on May 15 after a May 5 ruling by U.S. Northern District of Georgia Judge Eleanor L. Ross.
Hill was found guilty in October 2022 and was sentenced in March to 18 months on six counts of deprivation of rights of detainees at the Clayton County Jail.
Hill was later ordered to report to FCI Forrest City, a low security federal prison in Arkansas.
Hill’s attorneys filed for a motion for bond pending appeal and a motion to continue self-surrender date.
“Defendant fails to present any support for his request to continue his self-surrender date,” Ross’s ruling read. “Accordingly, the Court denies the defendant’s motion for bond pending appeal and motion to continue self-surrender date.”
Hill’s attorneys presented three arguments in the motions.
First, Hill’s attorneys argued that Hill “did not have fair warning his conduct was illegal” when detainees were strapped into chairs.
The court, however “finds no substantial question of law exists as to whether (Hill) had fair warning that his conduct was illegal.”
Hill’s attorneys also argued that the government failed to present sufficient evidence at trial that the restraint chair lacked a legitimate purpose or was a disproportionate restraint.
In its ruling, the Court did find the evidence was sufficient that the restraint chair was not legitimate and was disproportionate.
Lastly, Hill’s attorneys argued that a question remains about whether the Court erred by giving a second Allen charge to the reconstituted jury during their deliberations despite Hill’s repeated motions for mistrial.
However, the Court ruled that it did not err in giving the Allen charge to the jury.
An Allen charge refers to instructions given to a jury urging them to agree on a verdict.
During…
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