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Georgia senator seeks death penalty for Laken Riley's killer, calls on attorney general to step in

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Georgia senator seeks death penalty for Laken Riley's killer, calls on attorney general to step in

A state senator is demanding that Georgia Attorney General Chris Carr file an emergency motion to intervene and demand the death penalty against Laken Riley’s killer, but Carr’s office maintains that he does not have the legal authority to do so.

District Attorney Deborah Gonzalez, for the Western Judicial District encompassing Athens, previously wrote in court documents that she would not pursue the death penalty, citing “collateral consequences to undocumented defendants.” 

Jose Ibarra, a 26-year-old illegal immigrant who received taxpayer-funded flights, was found guilty Wednesday of stalking, raping and murdering Riley in February. The nursing student, out for an early morning run on the University of Georgia campus, fought her attacker for approximately 18 minutes but died from blunt force trauma. Ibarra bashed her skull with a rock after dragging her off a wooded trail, prosecutors said. 

“I am officially calling on Attorney General Chris Carr to file an emergency motion to intervene and demand the death penalty for the murderer of Laken Riley,” state Sen. Colton Moore, a Republican, wrote on X. “District Attorney Deborah Gonzalez let her radical political agenda stand in the way of justice. By refusing to seek the death penalty, she denied Laken’s family, friends, and community the full measure of justice they deserve.”

“I’m very concerned, you know, about any student going to the University of Georgia when this area is a sanctuary city now. And, you know, these killers, these guys can come in here, and they don’t have to worry about capital punishment,” Moore told Fox News Digital. “Probably $2 million is what we’re going to have to pay as taxpayers to give him three meals and a cot for the rest of his life. You know, three hots and a cot.” 

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Georgia prosecutors showed an image of Laken Riley jogging before her murder, during the trial of defendant Jose Ibarra, pictured in court. (Fox News)

A spokesperson for Carr’s office stated that the state attorney general does not have jurisdiction and, therefore, cannot intervene, but Moore argued otherwise. 

“I can send you a copy of the Constitution of Georgia, section 3, paragraph 4. It clearly states that the attorney general has jurisdiction in any felony case,” Moore told Fox News Digital. “And the state, I mean the attorney general’s office, has intervened in cases before. You know, he is the chief law enforcement officer of our state. He should have known that the district attorney is one of the most liberal district attorneys in the country, that she wasn’t going to pursue the death penalty. Why even have capital punishment in our state?” 

“I mean clear evidence, it’s not like we’re killing an innocent person here,” Moore said. “I mean, his DNA was underneath Laken Riley’s fingernails. It was very clear he’s the perpetrator. He’s the guilty one. And we have capital punishment in our state for a reason. And I can’t imagine another crime that would suit capital punishment like his crime. He’s the chief law enforcement officer, it’s clearly stated in the constitution that he has jurisdiction.” 

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Regarding the part of Georgia’s Constitution that Moore cited, Carr’s office said it does not say that the Attorney General has jurisdiction in any felony case, just to represent the state before the Supreme Court in death penalty cases.

District Attorney Deborah Gonzalez (Joshua L. Jones/USA TODAY NETWORK/File)

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In a separate statement reacting to the verdict, Carr said Riley’s death “should have never occurred” and “it is absolutely gut-wrenching to hear the evidence that Laken Riley fought for her life and fought for her dignity, and the statements made by her family and friends in court break my heart.” 

“We’re grateful to Sheila Ross with the Prosecuting Attorneys’ Council for ensuring that a conviction was obtained, and we will continue to pray for all who knew and loved Laken,” Carr said. 

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Gonzalez lost her re-election bid this month. She handed the prosecution of Ibarra over to Sheila Ross in February.

Georgia Attorney General Chris Carr (Megan Varner/Getty Images)

In response to an inquiry from Fox News Digital regarding Gonzalez’s reasoning for not seeking the death penalty, the DA’s office told Fox News Digital that the reference in court documents to collateral consequences for undocumented defendants is “DA Gonzalez’s stance on sentencing in general.”

“Life without parole is an appropriately serious sentence and is a decision supported by the family, as heard in the impact statements delivered by Laken Riley’s family and friends during yesterday’s sentencing,” a spokesperson for Gonzalez added. 

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Southeast

Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.

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The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”

“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.

Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.

The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)

“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”

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Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.

They come in 12-ounce cans, similar in appearance to a soda can.

The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)

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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”

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“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”

Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”

Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)

“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.

It is unclear if any parents or students were disciplined in relation to the mix-up.

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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.

The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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A federal prosecutor acknowledged Thursday that the decision to charge Salvadoran migrant Kilmar Abrego Garcia two years after a routine traffic stop was “extraordinary” while defending the human smuggling case as legally justified.

Abrego Garcia, 31, has become a flash point in the national immigration debate since last March, when he was deported to El Salvador in violation of a 2019 court order in what Trump administration officials acknowledged was an “administrative error.” 

The Supreme Court later ruled that the administration had to work to bring him back to the U.S.

After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling charges stemming from a 2022 traffic stop in Tennessee.

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He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution.

Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, right, of We Are Casa, as they leave the federal courthouse, Thursday, in Nashville, Tenn. (AP Photo/George Walker IV)

A 2019 court order prevents Abrego Garcia from being deported to El Salvador after an immigration judge determined he faced danger from a gang that had threatened his family. He immigrated to the U.S. illegally as a teenager and has been under the supervision of Immigration and Customs Enforcement (ICE). 

Abrego Garcia was accused in court records of repeated domestic violence against his wife, who alleged multiple incidents of physical abuse in protective order filings. She later withdrew the protective order request and has defended her husband publicly. 

The Department of Homeland Security has also said he was living in the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as simply a “Maryland man.” His attorneys have denied the gang allegations.

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Tennessee Highway Patrol body camera footage from when Abrego Garcia was pulled over for speeding shows a calm exchange with officers. While officers discussed suspicions of smuggling among themselves — noting there were nine passengers in the vehicle — Abrego Garcia was issued only a warning.

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A woman holds a sign in support of Kilmar Abrego Garcia in front of the U.S. District Court in Nashville. (Getty Images )

First Assistant U.S. Attorney for the Middle District of Tennessee Rob McGuire, who was acting U.S. attorney in April 2025, testified Thursday that his decision to charge Abrego Garcia was based on the evidence.

“I had previously prosecuted several human smuggling cases,” McGuire said, noting that after seeing video of the traffic stop, “I was immediately struck by how similar what was being depicted in the body cam was to those investigations.”

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McGuire said Abrego Garcia’s vehicle belonged to someone with “a human smuggling background” and added that the route was “suspicious.”

“It was a large number of individuals traveling in one SUV with a driver who spoke for the group. No one had luggage… the car had Texas plates… the route was suspicious,” McGuire said.

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Kilmar Abrego Garcia arrived at the federal courthouse, Thursday, for a hearing on whether the charges against him should be dismissed. (AP Photo/George Walker IV)

During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.”

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He said he had not previously been aware of the traffic stop but reiterated that nobody in the Trump administration, including the White House or the Department of Justice, pressured him to seek the indictment.

When asked about whether he might have felt pressure to prosecute the case, McGuire said, “I’m not going to do something that is wrong to keep my job.”

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Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)

McGuire also said timing factored into charging Abrego Garcia since he was being held in El Salvador, and he did not want the indictment to go public before all senior officials were briefed on the matter.

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“I knew from the get-go that this was going to be a controversial matter,” McGuire said.

U.S. District Judge Waverly D. Crenshaw did not make a ruling Thursday and said he would wait to receive post-hearing briefs from attorneys by March 5 before determining whether another hearing is necessary.

Crenshaw previously found some evidence that the prosecution “may be vindictive” and that prior statements by Trump administration officials “raise cause for concern.”

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Thursday’s court appearance came after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.

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Fox News Digital’s Breanne Deppisch, Jake Gibson and The Associated Press contributed to this report.

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GOP Rep Nancy Mace introduces ‘Death Penalty for Child Rapists Act’

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GOP Rep Nancy Mace introduces ‘Death Penalty for Child Rapists Act’

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Rep. Nancy Mace, R-S.C., has introduced a bill to authorize the death penalty as a potential punishment for the sexual abuse of children.

“We have zero mercy for child rapists. Those who prey on our most vulnerable deserve the harshest consequence we can deliver,” Mace said in a statement.

The proposal is aptly called the “Death Penalty for Child Rapists Act.”

Rep. Nancy Mace, R-S.C., announces she will run for South Carolina governor during a press conference at the Citadel in Charleston, South Carolina, on Aug. 4, 2025. (Tracy Glantz/The State/Tribune News Service via Getty Images)

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“No predator should be allowed to walk away from the most unthinkable crimes against children,” Mace noted. 

“This bill is simple. Rape a child and you don’t get a second chance, you get the death penalty. We will never apologize for protecting America’s children,” Mace added.

The bill would put capital punishment on the table as an option to punish those who sexually abuse children.

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Rep. Nancy Mace, R-S.C., attends the inauguration of President-elect Donald Trump in the Rotunda of the U.S. Capitol on Jan. 20, 2025, in Washington, D.C.  (Kevin Dietsch/Getty Images)

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“INTRODUCING: The Death Penalty for Child Rapists Act to amend Title 18 to authorize the death penalty for aggravated sexual abuse, sexual abuse of a minor and abusive sexual contact offenses against children. It will also amend the Uniform Code of Military Justice (UCMJ) to authorize the death penalty for the rape of a child,” she said in a post on X.

“We’ve spent months fighting to expose Jeffrey Epstein’s network of powerful predators. We’ve demanded accountability and pushed for transparency. Now we’re making sure anyone who rapes a child faces the ultimate consequence,” she noted.

Mace has served in the U.S. House of Representatives since early 2021. 

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She is one of the candidates currently running in the South Carolina Republican gubernatorial primary.

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