Hearing doesn't change sentence

An Augusta man might have received a 45-year prison sentence for the wrong reasons, but it is still an appropriate time behind bars, a judge ruled Monday.

Aaron Williams, 42, was granted a new sentencing hearing after nine years in prison. He was convicted in Richmond County Superior Court of burglary, aggravated stalking, terroristic threats, criminal damage to property and possession of a knife during a crime.

Attorney Amy Snell, who volunteered to represent Mr. Williams after learning how he had been denied the right to appeal for years, asked the judge to consider the length of time Mr. Williams has been incarcerated. A recent forensic psychiatric examination proves that medication can control his mental illness, and he has joined AA, entered counseling and taken part in anger-management and victim-impact classes in prison, she said.

But Assistant District Attorney Johnny Markwalter asked Judge Michael N. Annis, who inherited the case, to resentence Mr. Williams to the maximum term he received in 1999.

After Deidra Kitchens broke up with Mr. Williams because he was abusive, Mr. Williams terrorized her, the prosecutor said. He served six months in jail for ramming her car with his vehicle.

Less than 24 hours after he was released from jail, he kicked down the door to Ms. Kitchens' apartment, threatened to kill her and proceeded to tear the place apart when she fled, Mr. Markwalter said.

Judge Annis said he has no question that Mr. Williams has made sincere efforts to change his life and is emotionally stable while medicated. But, the judge said, there is too much risk of danger to another person.

"If Miss Kitchens had stayed in that house (the night of the crime) she would be a dead woman," Judge Annis said. He imposed a 45-year prison sentence.

He encouraged Mr. Williams to maintain his efforts while incarcerated. He can still gain early release from the parole board, Judge Annis said.

Mr. Williams was granted a new sentencing hearing in October by former Judge Neal W. Dickert, who has since resigned his judgeship.

Judge Dickert ruled that Mr. Williams' trial attorney failed to properly prepare his replacement at the sentencing hearing. The hearing was also unfair because Mr. Williams did not receive his anti-psychotic medication the day of the hearing, the judge wrote. And Judge Dickert found that the trial judge, Senior Judge Bernard J. Mulherin Sr., improperly based the sentence on his adverse reaction to publicity about sentences he imposed on other defendants.

Ms. Snell said Mr. Williams will pursue his appeal with the Georgia Court of Appeals.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.