On October 1, 2025, authorities arrested a woman who allegedly threatened a pastor and his wife then burden down an Austell church. Austell Fire Chief Brandon Merritt confirmed the arrest but offered few details about the case.
The church’s lead pastor described the moment he found out. “I received a call from one of my leaders asking me, ‘What happened? Is everyone okay?’ She told me the church is on fire, it’s on the news,” he said. “I was lying in bed. I just jumped out of bed and drove to the church premises and lo and behold, the church was on fire,” he added.
The pastor said firefighters and police were already on the scene, but the damage was beyond repair. “As a matter of fact, the entire building, 20,000 square feet, is completely in rubble. There is nothing,” he lamented. “We just finished rebuilding because of the flood. Everything in the building was brand new, and now everything is gone,” he said.
Justice Asante, head of media for Eagle’s Chapel, called the church a cornerstone of the community. “This is the house of God. I’ve been here for 10 years now,” Asante said. “The atmosphere here is electrifying. It’s an amazing place to have worship. We welcome everybody that comes from all parts of the world,” he added. “The building is one aspect of it, but the church is the people. You can’t destroy the church of God. So, we are gathering ourselves together to continue on.”
Court documents from the Magistrate Court of Cobb County accuse the woman of entering the building without permission, intentionally starting the fire at the church on Joe Jerkins Boulevard, and endangering lives.
Investigators also said a plastic container of ignitable liquid was found at the scene. The church’s pastor told authorities the container did not belong to the church.
Terroristic Threat
Violent threats (terroristic threats) were once rare in Georgia. But largely thanks to the anonymous and reactive nature of Facebook and other social media platforms, these cases are now rather common in Cobb County. Social media terroristic threat cases are also difficult to prove, especially if a Marietta criminal defense lawyer has anything to say about it.
On its face, a social media post is almost impossible to conclusively connect with one person. Anyone with a username and password can post anything online. Therefore, prosecutors must rely on voluntary confessions or prior posts that show a hateful pattern.
Frequently, police officers interrogate suspects under seemingly friendly circumstances. Suspects get the “good cop” treatment through and through. Officers hope suspects drop their guard in this atmosphere.
Sometimes, police officers get sloppy in these circumstances as well. To further enhance the “casual” vibe, they don’t properly Mirandize suspects. As a result, any statement they make could be inadmissible in court.
Prior social media posts are often irrelevant and therefore inadmissible. The defendant is on trial for making a terroristic threat against a certain individual, not for being a hateful or unpleasant person.
Possession of Tools
In Georgia, possession of criminal tools (Georgia Code § 16-7-20) is a felony that involves having a tool or device with the intent to use it for a crime like burglary, theft, or another felony. Penalties typically include 1 to 5 years in prison. Examples of tools that can lead to charges include crowbars, hammers, glass break devices, and scales.
Significantly, possession of common instruments is not a crime unless the state proves criminal intent beyond any reasonable doubt. Additionally, the state must prove all three elements of criminal possession, which are:
- Close Proximity: Georgia law defines this phrase very broadly. Close proximity is not “within arm’s length.” Instead, close proximity is basically “in the neighborhood.” For example, any item in the passenger area is closely proximate to any vehicle occupant.
- Exclusive Control: If the vehicle has more than two or three occupants, the state is hard-pressed to conclusively link a certain item with a certain person. This same issue also arises in disturbance call drug cases that involve a house full of party guests.
- Actual Knowledge: Technically, a defendant can sit on a stash of drugs, criminal tool, handgun, or other item and not “possess” it, under Georgia law. A Marietta criminal defense lawyer also urges this point if an illegal object is in a glove compartment.
Moreover, Section 16-7-20 is a lesser included offense. If the state cannot prove the parent offense, which is usually burglary or arson, beyond a reasonable doubt, the defendant usually walks on the possession of criminal tools case. Quite simply, the state cannot prove the “criminal” element in these situations. Mere possession of tools isn’t illegal.
Burglary
Many people believe that burglars are mask-wearing villains who break into banks and steal valuable items. These cases are rare. Instead, burglary is usually entering or remaining without permission and for an illegal purpose.
Generally, permission is very broad and valid until revoked. Unless a sign clearly states, “Do Not Enter” or something similar, anyone probably has permission to go inside and stay inside until someone in authority says, “Get out.” Additionally, if Bob and Sarah shared a residence and Bob moves out, Bob has permission to enter that residence until Sarah changes the lock or explicitly tells Bob, “Don’t come back.”
Arson
Arson is the criminal act of deliberately setting fire to property, buildings, or land with malicious intent. Most jurors believe arson, even if the fire doesn’t get out of control, is a very serious offense, due to the danger it poses to human life, public safety, and property. Controlled arson fires are very rare. Usually, this behavior causes significant destruction, injuries, or even death. Possible motives include getting revenge, committing insurance fraud or vandalism, or concealing other crimes. All these motives are malicious under Georgia law.
The different degrees or classifications of arson depend on factors like whether the building was occupied, whether anyone was harmed, and the value of the property damaged. For example, setting fire to an occupied home is more severely punished than damaging an abandoned structure.
Arson investigations have several moving parts and often require inter-agency cooperation. Usually, fire departments and forensic specialists determine the origin and cause of the fire. Tools like fire pattern analysis, chemical residue testing, and witness interviews help identify if a fire was intentional.
Penalties for arson vary but can include long prison sentences, heavy fines, and restitution to victims. In some jurisdictions, if arson leads to loss of life, it may be prosecuted as murder.
Many crimes, such as arson, have multiple layers. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
