Brian K.

Fortner

District Attorney, Douglas County, Georgia

_____________________________________________________________________________________
For Immediate Release
Fortner
October 15, 2015
(770) 920-7292

Contact:

DA Brian

As previously reported, on October 9, 2015, a Douglas County Grand Jury returned an Indictment
against 15 individuals associated with a group known as Respect the Flag. The Indictment
charges those individuals with the offenses of violation of the Street Gang Terrorism and
Prevention Act and terroristic threats. The charges are not based on the constitutionally
protected display of the Confederate battle flag. All factual recitations contained in this
statement are derived from documents filed in court and statements made on the record in
court.
Recent press reports have made prominent references to the fact that, at the time the alleged
offenses occurred, some of the accused were displaying the modern adaptation of the
Confederate battle flag, which was a flag used to identify some units of the army of the former
Confederate States of America during the American Civil War. This case is not about the display
of that flag. Federal courts repeatedly have held that individuals have the right under the First
Amendment to the United States Constitution to publically display that flag. Scott v. Sch. Bd.,
324 F.3d 1246 (11th Cir. Fla. 2003) and Sons of Confederate Veterans v. Commissioner of the
Virginia Department of Motor Vehicles, 288 F.3d 610 (4th Cir. Va. 2002) are just two such cases
on that issue.
In Count 1, the accused are charged with a violation of the Street Gang Terrorism and Prevention
Act. The accused are charged specifically with being part of an organization, association, or
group called Respect the Flag, which was composed of three or more persons who were
associated in fact. This organization, association, or group, whether formal or informal, is alleged
to have engaged in criminal gang activity by committing the offense of terroristic threats as
alleged in Count 2 of the indictment.
In Count 2, the accused are charged with having committed the offense of terroristic threats.
The accused are charged specifically with unlawfully threatening to commit a crime of violence
to individuals who were attending a party at 9037 Campbellton Street, Douglasville, Georgia,
with the purpose of terrorizing those individuals and in reckless disregard for the risk of causing
such terror.
It is important to remember that the charges contained in the Indictment are merely allegations,
and the accused are presumed innocent unless and until proven guilty in a court of law. In
accordance with the Georgia Rules of Professional Conduct and in the interest of preserving the

rights of the accused, this office will not be issuing any further statements to the press until the
conclusion of this case.

*****

Press Release

*****