Attorney for YSL defendant facing gang charges files motion to have them dropped

An attorney representing one of the YSL trial defendants has filed a motion for gang charges against her to be dismissed. Prosecutors accused her of helping a murder suspect in a different case.

On Feb. 16, Channel 2 Action News learned that Atlanta police arrested Nicole Fegan on gang-related charges, specifically participating in criminal street gang activity and criminal solicitation to commit the offense of tampering with evidence.

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In Sept. 2022, JaQuavious Wilson was shot and killed. Police arrested and charged four men in his murder. Fegan is accused of telling one of the suspects to get rid of evidence on his phone.

Prosecutors said Fegan wasn’t representing the suspect. Attorney Drew Findling, the counsel for Fegan, said she did have an attorney-client relationship.

Channel 2′s Michael Seiden obtained copies of a motion filed by Fegan and Findling to have her charges dismissed.

They argued that a section of the Georgia Street Gang Terrorism and Prevention Act is “unconstitutionally vague.”

“With no limiting principle in play, 4(e) arms police and prosecutors to fickly threaten someone who merits their displeasure with severe Street Gang Act penalties and restrictions, regardless of whether that person is in any way involved in a gang. The 14th Amendment requires more certainty that one is subject to enhanced penalties than that the prosecution’s personal axe needs grinding. Section 4(e) is unconstitutionally vague. The Court should declare it so and dismiss warrant,” the court document reads.

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Fegan and Findling also filed a motion for the court to return her cell phone.

The motion again argues that Fegan had attorney-client privilege and she was not notified that the State reviewed a privileged call and wasn’t given the chance to refute the allegations.

“At this stage, Attorney Fegan has been given no information as to what is occurring regarding her electronic device and what safeguards, if any, are being afforded her clients and their communications with their attorney.”