Colotl indicted on felony charge
by Kim Isaza
kisaza@mdjonline.com
February 12, 2011 12:00 AM | 3494 views | 28 28 comments | 11 11 recommendations | email to a friend | print
MARIETTA - A Cobb grand jury indicted Jessica Colotl on a felony charge of making a false statement on Thursday.

Colotl is an illegal immigrant who attends Kennesaw State University, and was the focus of intense scrutiny in 2010 after a traffic stop landed her on the radar of immigration officials.

The felony charge stems from statements made to Cobb Sheriff's deputies when she was booked in at Cobb Jail for driving without a license. During the book-in, she gave her address as an apartment in Duluth, though she did not live there, sheriff's officials content. They also insist the telephone number she gave the deputies was false.

District Attorney Pat Head said his office presented the charge for indictment "because we believe the evidence was sufficient to present to a grand jury."

Head, though, did not personally present the case to the grand jury - a group of citizens who decide if there is enough evidence for prosecutors to proceed with a charge. Assistant District Attorney Greg Epstein is prosecuting this case.

The case has been assigned to a Judge Mary Staley in Cobb Superior Court, though no trial date had been set.

But even if Colotl is ultimately convicted of making false statements, her punishment is unlikely to be harsh. Probation would not be uncommon, Head said.

Attorneys for Colotl did not immediately respond to inquiries for comment. Lawyers from the Norcross-based firm of Hernan, Taylor and Lee represented Colotl in the traffic case.

Colotl's troubles began March 29, 2010, when she was stopped by KSU police officer Sgt. Kevin Kinsey for allegedly impeding the flow of traffic. She told him she had a Mexican driver's license, but couldn't find it. When she failed to produce it by the next day, she was arrested and booked into the Cobb County Jail on charges of driving without a license and blocking traffic.

The jail participates in the federal 287(g) program, aimed at fighting illegal immigration. Colotl was turned over to immigration authorities, who moved her to the Etowah County Detention Center in Gadsden, Ala., on April 1.

With the help of KSU attorneys, Colotl was granted a one-year deferment, allowing her to finish her studies at KSU. She was released by federal immigration authorities on May 5, 2010.

In November, she was convicted in Cobb State Court of driving without a license and sentenced to three days in jail and fined $1,000. She has appealed to the Georgia Court of Appeals, which could hear oral arguments in May and render a decision by the end of the year.

Colotl has said she expects to graduate from KSU in May. She is majoring in political science, with a minor in French and hopes to become an attorney, she said previously.
Comments
(28)
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The Lorax
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February 16, 2011
She needs to be deported immediately along with the other million or so illegal trash here in Georgia. Let them fix their own cesspool of a country.
AgnesG
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February 15, 2011
Coloti needs to be gotten out of this country. She has no respect for our laws. She needs to go to her country and try and make it a better place. Don't be cowardly and and abandon your country. The U.S. just didn't pop up. It took hard work by us to make it the outstanding place it is. Why can't you go to your country and try and do something for your country.
Just Wait
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February 15, 2011
Well el paso, maybe in Mexico where you receive your mail can count as where you live. Not here in this country. It's very hard to believe that while standing in the jail, behind bars, being asked questions like, "what is your address," she could have made a "mistake" and provided her mailing address. She is a college student, so we must assume she is not stupid. That was an intentional lie, as where her many others. Please stop making excuses for her. Let her face a trail by jury and let's see what happens.
dankShasta
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February 14, 2011
She's just trying to finish school, and thier turning her life upside down. Put yourself in her shoes.
el paso
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February 14, 2011
I believe Ms Colotl gave the address where she had been reciving her mail, until several months before the incident. In short, she simply could have made a mistake. Selective prosecutioin can be a defense, since the address provided by prisoners at book in are not checked.
Al in Marietta
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February 14, 2011
Can you become a six figure lawyer if you are in the United States Illegally? Only in America! What a country!
Yankee in Georgia
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February 13, 2011
The fact remains that Colotl lied to KSU about her immigration status, lied to the police and broke any law she felt was an inconvenience. In my estimation, there are millions more Colotls in the US breaking our laws, mocking us for being too timid to deport them, claiming the West belongs to Mexcio and refusing to speak English. When will enough be enough? If this was a planned attack by Mexico on the US, and I'm NOT saying it isn't, it couldn't be more effective. Deportation NOW.
A Taxpayer
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February 13, 2011
What a relief! No crimes left in Cobb County, so our dedicated prosecutor and sheriff can get right to the real criminals! I feel safer already: no more burglaries, robberies, murders, domestic abuse, rapes, gangs, or drugs!
AgnesG
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February 13, 2011
Thank you, Cobb County, for indicting this criminal. If she had not been indicted, why are you indicting U.S. citizens for anything. You may as well announce you're not going to enforce any laws. That girl throws our laws in our faces. Don't give her the break you have given so many illegals by giving her a sentence so she can stay in the U.S. and eventually become a citizen. She needs to go back to her country, and, yes, she knows what her country is -- we don't need criminals like her in the U.S.
Toxic Avenger
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February 13, 2011
Rewarding bad behavior guarantees more of the same. Illegals go back to where you came from. Boycott any business that hires illegals.
anonymous
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February 13, 2011
Yes, Ms. Coloti is the model of a "productive citizen of the State." She lied and she knew it. And before being arrested, she was going to KSU on in-state tuition rates when she knew that was wrong also.

She wants to be an attorney - probably to advise other illegals how to get around the system like she has. Just what we need.
Combat Veteran
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February 13, 2011
OK... an illegal immigrant. Wow! Cobb County has got its priorities... what about former Public Safety Director Mickey Lloyd- forgery, violation oath of office, etc? The District Attorney can indict an illegal, but not one of their own. Shame on Cobb County for going after the easy, and letting off their ex "top cop."
Gunnypapa
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February 13, 2011
It unfortunate that that Ms Coloti got caught up in all this. However she was given a chance to be honest about her status, which includes providing truthful information to government officials. She not only lied to the KSU Police Officer who gave her a break by not taking her into custody on the spot, but she she lied to KSU and the State of Ga on her status. She then again provided flase information to governemnt officials when she was finally arrested and booked into jail. For soemone who wants some pity she has attempted to circumvented the criminal justice system as well as the immmigration laws of the US. Not to mention cheating the taxpayers out of several thousands of dollars from her defrauding KSU and the Board of Regents.

Jessica, go to the law library and look up 287G.

Vios Con Dios!
Mark30339
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February 12, 2011
OK, let's take a quiz. If the Sheriff's department has hundreds or thousands of false data submissions, and only chooses to pursue Ms. Colotl's for felony prosecution, would that be:

a) good government

b) incompetent government

c) abuse of discretion

d) racial discrimination

Indicate all that apply.
ugagrad
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February 12, 2011
No sorry Ms Acevedo, the time has NOT come for the "Dream Act". The time has come where we US citizens are speaking out against the illegals and the way we have given them so many rights, services, and bended over backwards to accomodate them (to the detriment of our country). The time has come for us to say "enough is enough. It is a shame that we have to pay for this sham in court and in our legal system..She does not deserve the rights of U.S Citizens because she isn't one. And did anyone ever see if she was getting the HOPE scholarship? Shouldn't she be paying some money back into that???
truth hurts
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February 12, 2011
KSU at its best! Kick all immigrants out period.
Crystal L
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February 12, 2011
In reality, if the Dream Act ever passes, if she is convicted of this charge, which is a felony, she would not be able to qualify. One of the planks of the Dream Act is that a applicant has to be of good moral character. Besides, last year she was given a one year deferral from deportation to finish school. She will probably be deported this year.
anonymous
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February 12, 2011
The DREAM Amnesty Act advocates IN-State tuition for ILLEGALS who now replace innocent American students in the limited seats in college at a time when over 10% of Americans are out of work and their families are struggling to train for new jobs and pay for college. Why would you support in-state tuition for the ILLEGALS that will attract more future ILLEGALS to the United States and train ILLEGALS for jobs it is illegal for them to have. These students should go back to their HOME countries and stop draining our resources that could be used to assist United Elitist Political Contributors want to continue to have United States Citizens pay the benefits for their ILLEGALS while they continue to have their BOTTOM LINES increased at the taxpayer's expense!States Citizens and not the ILLEGALS! Just follow the money! Some of Elitist Politicians and their
Maria Acevedo
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February 12, 2011
The time has come where the Dream Act should be enacted so all the undocumented, young people who want to continue with an education can do so, and become productive citizens for the state of Georgia and the nation. It's a win-win for everyone. These are young people who want to be educated. There are many young, U.S. citizens who don't care about their education and don't have a goal, so then they wonder why they can't get a job as young adults. Maybe they'll blame the immigrants...Ms. Colotl was wrong in lying to the police. I'm sure she's learned her lesson, though, being "used" as the poster child for the anti-immigration movement. I think the police have more than enough to worry about, than adding immigration official to their title. I think they should focus more on the real criminals-murderers,rapists,drug sellers,and robbers.
Jason and Jessica
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February 12, 2011
These people have no appreciation of how hard it was to build this country. They didn't have the fortitude to do anything constructive in their countries. Just don't let them mess our's up. They bring their elderly, their sick and come with their phony doucuments (they don't have the educational and other qualifications they claim to have) to smooch off our country. We shouldn't expect much from them because they didn't do anything noteworthy in their countries.
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