After years of abuse, she went to prison. Now, she gets a fresh start.
In a milestone for Georgia’s criminal justice system, the first prisoner has been resentenced and released from custody under a new state law that could become a national model.
Nicole Boynton was freed Jan. 5 after serving 23 years of a life sentence in relation to the death of her boyfriend, Ronnie Moss II.
Cobb County Superior Court Judge Angela Brown said in an order that Boynton, 18 when she stabbed Moss during a fight at their home in 1999, was the victim of his repeated violence and that had been a significant contributing factor in her crime.
For Georgia, Boynton’s freedom shows the bipartisan Survivor Justice Act implemented last year is working as intended, amid increasing interest from stakeholders in other states looking to follow suit.
Boynton, 44, has been enjoying the simple pleasures that have come with the precedential moment. For the first time in 23 years, she went shopping, ate a New York strip at a fancy restaurant and breathed fresh air untainted by the smells of a Georgia prison.
“I felt so normal,” she told The Atlanta Journal-Constitution. “And it felt great.”
Georgia’s Survivor Justice Act acknowledges and addresses the direct link between the abuse suffered by a defendant and the crime they committed.
It is one of five sentence mitigation laws nationwide and more expansive than those in New York, Oklahoma, California and Illinois, said Ellie Williams, who helped lead the bill’s advocacy efforts.
Williams is the legal director of the Justice for Incarcerated Survivors Program run by the Georgia Coalition Against Domestic Violence, through which Boynton was paired with volunteer lawyers. She said Georgia’s taken a massive step toward making sure abuse victims aren’t overly punished for doing what they must to survive.
“We’re excited to see what it can do,” she said of the new law. “We’re now getting a lot of phone calls and inquiries and talking to people in other states who are trying to do the same. It’s definitely becoming a trending legislative area around the country.”
In her petition to be resentenced, Boynton accepted responsibility and expressed remorse for stabbing Moss, saying she was trying to protect herself and their infant son. Though Boynton immediately called 911 and an ambulance rushed to the couple’s Cobb County home, Moss died, court records show.
Boynton’s resentencing petition outlined her long history of abuse, starting from childhood, when she was physically and sexually assaulted by her mother and others.
The petition says Moss repeatedly abused her by “tasing, hitting, shoving, slapping, strangling, pulling her hair, and raping her on numerous occasions” throughout their relationship, which began when Boynton was 16. Less than a month before his death, Moss had been released from jail in relation to a previous attack against Boynton, according to the petition.
“One particularly traumatic incident occurred when (the couple’s child) was four months old: Mr. Moss tased Ms. Boynton until she was immobilized and then sexually assaulted her, leaving her with a lasting physical scar,” the petition says.
Boynton was convicted in 2002 of aggravated assault and associated felony murder. At the time, judges in the state couldn’t consider whether a defendant’s criminal actions were significantly influenced by the abuse they had suffered, and Boynton got a mandatory life sentence.
After the Survivor Justice Act was implemented, Boynton’s lawyers from the Atlanta firm Alston & Bird negotiated with Cobb County prosecutors to reach an agreement that saw her released on time served.
Boynton’s life sentence was officially vacated, and she was resentenced to 23 years.
“In this instance, where all sides agree, this is an outcome that is in the best interest of justice,” Cobb County District Attorney Sonya Allen told the AJC. “She has served more than 23 years in prison, and we wish her success in her new life.”
Joey Burby, one of Boynton’s lawyers, said Moss’ family was notified of her resentencing and did not oppose it in court.
The AJC reached a family member by phone, and she declined to comment.
Williams said there are believed to be several hundred other Georgia prisoners who could be eligible for resentencing under the new law. She said studies show that between 75% and 95% of incarcerated women in the United States have experienced some form of abuse or violence.
“Justice can and should look collaborative and cooperative for us to really achieve a truly just result, and I think this case is a good example of that,” she said. “We need some change to make sure that the system can properly handle all of these situations that are too complex for the way it’s been structured before.”
Boynton said she met many women in prison who had been in situations like hers and that they helped each other cope. She said she wants to start an organization to help amplify the voices of others in challenging situations.
“I see myself having an impact,” she said.
Boynton got her GED and learned various trades and skills while in prison and already has a job lined up with Flowers Foods in Villa Rica. Her lawyers said representatives from her new job were among her many supporters in court for the resentencing hearing.
A representative for the company didn’t immediately respond to a request for comment.
“She never gave up,” said Erin Edwards, a senior associate who worked on Boynton’s case. “Nicole never stopped believing in us and the work that we were doing to release her, and she encouraged and motivated us during that entire representation, and she continues doing so.”
About the Author
Journalist Rosie Manins is a legal affairs reporter for The Atlanta Journal-Constitution.
