LAW & JUSTICE

Overview

      Kagan Williams is the victim of vindictive prosecution  by Buncombe County Senior District Attorney (Amy Broughton) because he refused to except her unreasonal plea offer. For  three years he  was charged with the single charge of Assault by Strangulation. Over those three years the District Attorney‘s Office offered him four different pleas. The first plea was for six  months in prison. Kagan refused this offer and informed the DA that he wanted to go to trial. At three subsequent court dates Kagan was offered pleas, which he refused and said that he wanted to go to trial.  The case was set for trial and three weeks before the trial was set to start, the DA offered one last plea that contained a treat. The new plea offered was a prison sentence from 10-20 or be charged with a new charge of 2nd degree attempted forcible rape if he failed to accept. Kagan immediately refused her offer, which carried a 7-10 year prison sentence. Her final offer of 10-20 months was unreasonable because the assault by strangulation carried a prison sentence of 7-10 Months.

     Kagan was charged with assault by strangulation on December 3, 2018. He went to court on this “single” charge approximately 10 times in three years and was offered a plea, on the charge, four times.  Amy Broughton offered Kagan pleas of 10-20 months in prison when the charge only carried a sentence of 7-10 months. Kagan refused all plea offers and exercised his right to a trial by jury. The trial was set to start on September 24, 2021. 

     September 3, 2021, twenty one days before the trial was set to begin Amy Broughton decided she wanted to force Kagan into her unfair plea bargain. She told Kagan that she would indict him for a completely new charge of attempted 2nd degree forcible rape if he didn’t accept her plea and he would have to defend against the additional charge at trial in twenty-one days.  Kagan was given this offer on a Friday morning and told that he had until Monday to decide. His lawyer emailed him a few hours later and said that she changed her mind and that he had to except her plea by the end of the day or she would indict before trial. Kagan quickly refused her offer because the victim, both police officers, the nurses and doctor had already denied any sexual assault. 

     Amy Broughton indicted Kagan on the attempted 2nd degree forcible rape. The trial started and Kagan sat in front of an all White jury. Everyone that testified at trial testified that the victim denied any sexual assault. That includes, the victim, the original reporting officer, the detective, both nurses and the doctor. The jury convicted Kagan for the assault by strangulation and attempted 2nd degree forcible rape in less than 30 minutes. Kagan received 7 1/2 years for the attempted 2nd degree forcible rape and 7-10 months for the original strangulation charge.

Key Facts

Only charge for three years

Assault by strangulation
offered four pleas over this time 

All witnesses testified that victim denied any sexual assault occurred

Victim: Sylvan Pendragon
Investigating officer: Miller J. C.
Detective: Butterfield B. A.
RN: Burke Michelle L
Dr: Ramming Scott A.
Best Friend: Whitney Hill

Three Weeks prior to trial

DA offers unreasonable plea of 10-20 months
Prison time and new charge of 2nd degree
Attempted forcible rape if plea is not accepted 

Trial Outcome

Convicted of both Charges
All white Jury
Jury returned verdict in 30 minutes
Sentenced: 5-7 1/2 years 2nd attempted forcible rape
Sentenced: 7-10 months assault by strangulation

Sign Petition on Change.ORG: STOP the abuse of power by Buncombe County DA & Free Kagan Williams 

It’s extremely important that we get as many signatures as possible

The law should apply to all persons including the ones we trust to enforce them. A DA is not and should not use their power to convict any person for a crime they didn’t commit. They are not and should not use that power, as a vindictive tool, because the accused refuses to except any plea from her

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