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Judge grants immunity to defendant who testified in Clayton County simple-battery case
Summary
Judge Tammy Long Hayward granted a defense motion for immunity after the defendant testified and the state declined to present witnesses in the April 16 motions calendar; the court concluded the testimony was unrebutted and immune from prosecution.
Judge Tammy Long Hayward granted a motion for immunity for defendant Nikita Jerome Williams in case 2023CR03490 after the defense called Williams as a witness and the prosecution did not present rebuttal testimony.
The charges in the case were two counts of simple battery, one domestic-related. Defense counsel Taz Taylor called Williams to testify; Williams described a brief, incidental shoulder contact while attempting to exit a residence, saying she was trying to leave and that Philip Hill was blocking the hallway. The state—represented by Deputy Chief Shabria Ponder—declined to call witnesses after the defense rested. Taylor argued the testimony showed only incidental contact and did not support the allegation that Williams struck Philip Hill in the face.
After hearing argument, Judge Hayward said the testimony was unrebutted and announced the court’s ruling: “The court is gonna grant the motion for immunity for miss Nikkita Williams. Miss Williams will be immune from prosecution in this case.” Court staff were asked to prepare a short order reflecting the ruling; Williams was excused.
Why it matters: An immunity finding means the defendant cannot be prosecuted for the charged conduct in this case based on the testimony the defense elicited on the record. The court’s ruling is based on the testimonial record and the state’s decision not to present rebuttal witnesses or evidence.
Next steps: Court staff will prepare a written order documenting the grant of immunity.
