Alleged 'Aryan Brotherhood' member gets 10-year sentence

Dec. 20—A 42-year-old defendant pled guilty to one count of conspiracy to traffic methamphetamine in Whitfield Superior Court on Friday, Dec. 15.

As part of the negotiated plea deal, the State dropped seven additional charges against Brandon Keith Langham, who was ultimately sentenced to 10 years — with the first three years to serve in confinement and the remainder on probation.

According to Whitfield Superior Court documents, Langham was initially indicted on two additional counts of conspiracy to violate Georgia's Controlled Substances Act, two counts of conspiracy to commit a felony and three counts of violating Georgia's Street Gang Terrorism and Prevention Act.

All of the dismissed counts against Langham were felonies.

According to a bill of indictment, Langham was one of 19 codefendants charged with a combined 82 felony counts in 2021.

Across the 19 codefendants, the indicted offenses run the gamut from possession of a firearm by a convicted felon to possession of heroin with intent to distribute to violations of Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act.

Virtually all of the indicted offenses are said to have occurred in Whitfield County around 2020.

A bill of indictment alleges that all 19 codefendants were associated with the Aryan Brotherhood — described in court documents as "a criminal street gang [that] did unlawfully participate in criminal gang activity through the commission of the offense of conspiracy to distribute methamphetamine."

According to the Southern Poverty Law Center, the Aryan Brotherhood is "the largest and deadliest prison gang in the United States, with an estimated 20,000 members inside prisons and on the streets."

Langham was represented by attorney Andrew Powell in the Dec. 15 proceedings. The State was represented by Conasauga Judicial Circuit Assistant District Attorney Mark Higgins.

"This is a 2021 case, Mr. Langham, he was revoked under parole at that time," Powell told Conasauga Judicial Circuit Judge Cindy Morris. "So he has been in prison since that time."

Prior to that arrest, Georgia Department of Corrections (GDC) data indicates Langham was convicted of various methamphetamine charges in Murray County.

On Friday, the prosecution and the defense — initially — differed on what the maximum sentence for the offense could be.

Powell contended that the sentencing range was one to 15 years.

"His prior record would not increase that?" Judge Morris asked. "I don't know off the top of my head, that's why I'm asking you, counsel."

Higgins indicated the conspiracy charge was not an "enhancement," but stated that Langham may be eligible for "recidivist treatment" based upon his criminal background.

"It would be up to half the maximum," Higgins said, referencing a 30-year maximum sentence for trafficking methamphetamine.

Higgins than corrected himself.

"Just throw everything I said out," he told the court. "Conspiracy is punishable by the same ... this is a drug case and certainly this is punishable by the same punishment as the committed offense."

While general conspiracy charges are punishable by half of the maximum sentence for a committed offense, Higgins said the State's drug statute allows conspiracy offenses to carry the same penalties as committed offenses.

At the request of Morris, the State and the defense reviewed State law to confirm the prosecution's stance.

"16-13-33 is the controlling statute," Higgins said. "It says any person who attempts or conspires to commit any offense defined as in this article shall be, upon conviction thereof, punished by imprisonment not exceeding the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy."

The defendant will receive credit for time served as part of the sentence.

Langham was also ordered to pay a $1,000 fine, perform 100 hours of community service and undergo drug and alcohol rehabilitation services.

Higgins noted that one condition of probation that was not initially recommended by the State was a provision barring Langham from having contact with any of the other codefendants indicted on miscellaneous charges in 2021.

"The court finds it necessary," Morris said.

The defendant agreed to those terms.

"I'm also going to have a special condition that he is not to engage in any activity with the Aryan Brotherhood or any other of those affiliated gangs," Morris ordered. "Included but not limited to the Aryan Brotherhood, the Aryan Nation or anything else of that ilk."

Higgins noted that if the defendant violates any of those special conditions of probation, the court could revoke the remainder of Langham's sentence and send him back to prison for the full term.

According to Whitfield County Sheriff's Office records, Langham had been held in detention at the local jail since Oct. 18.