Flagler Judge Repeatedly Refers to Two Black Men as ‘Thugs’ in Bond Hearing for One of Them

Circuit Judge Dawn Nichols repeatedly referred to two Black men as “thugs” during a bond hearing for one of them Tuesday, and ultimately ruled that she would not set the bond lower than $55,000.

“I’m going to be honest with you. I kind of want you to stay where you are for a bit,” Nichols told 18-year-old Micah McGill, who has been at the Flagler County jail since early July. He was arrested in connection with a double shooting at Beach Village Apartments last November that sent him and T.S.M., 23, to the hospital.

McGill claims he was defending his sister from T.S.M., who was his sister’s boyfriend, and who was beating his sister. T.S.M. pleaded to a misdemeanor count of domestic violence.  The charge was dropped in spring when he completed a deferred prosecution agreement. T.S.M. was not in court Tuesday.

“I’m trying to figure out: Are you a thug, or are you a brother who was looking out for a sister, or both?” the judge asked McGill. “I can tell you by your demeanor right now, I think staying where you are is probably not a bad thing.”

The neutral definition of “thug” in standard dictionaries is of brutal ruffians or assassins. But the term, which Barack Obama used on occasion when he was president, has evolved into a racially charged dog whistle when whites use it in reference to Blacks, though it continues to be used unwittingly by whites not necessarily aware of the implication, as was likely the case in court Tuesday: Nichols is one of the most seasoned and respected judges in the circuit, dispensing wrath and dignity to defendants before her in equal measure, whatever their color. But Blacks hear that word (and certain other words) far differently than whites do, especially when spoken to them or about them by whites.

“The truth is that thug today is a nominally polite way of using the N-word. Many people suspect it, and they are correct,” the linguist and scholar John McWhorter told an interviewer in 2015. “When somebody talks about thugs ruining a place, it is almost impossible today that they are referring to somebody with blond hair. It is a sly way of saying there go those black people ruining things again. And so anybody who wonders whether thug is becoming the new N-word doesn’t need to. It most certainly is.”

McGill was originally arrested on three charges stemming from the Nov. 16 shooting in the apartment where he lives with his 21-year-old sister, two younger siblings (12 and 2) and his mother: Aggravated battery with a firearm, illegal possession of a firearm by a delinquent, and firing a gun into a house. All are second-degree felonies. He was initially booked at the jail on $105,000 bond. The State Attorney’s Office has not filed the firing into a house charge. It still may. But by not filing it, that lowered the bond to $55,000 for now. McGill’s attorney had requested a hearing to reduce the bond.

The word is seldom if ever heard in court or in court documents, arrest reports or even law enforcement or politicians’ news releases. It appears to have been used only once in a release issued by Sheriff Rick Staly’s office (in early 2024, in reference to a Black suspect), and twice by Rick Scott in releases his offices issued the last 10 years–several times when he was governor and running for a U.S. Senate seat, all in reference to then-Venezuelan strongman Nicolas Maduro “and his ruthless thugs,” and once as a senator running for re-election, in 2024, when he referred to lawyers prosecuting Donald Trump, before Trump’s conviction on 36 felonies, as “thugs.”

“While he has the four misdemeanors, one of them started out as a fleeing and eluding,” Assistant State Attorney Melissa Clark told the judge. Fleeing and eluding is a felony charge. “We have a little pattern of behavior here that’s concerning, and then obviously he had access to a weapon, which was used in this case. So I have some concerns for him remaining law abiding. I think that with us only filing two charges, which would drop one of those bonds away, so it’s only 55,000, that’s more than reasonable under the circumstances.”

McGill’s mother asked to speak to the judge. The judge invited her up to the lectern. Before the mother spoke, the judge told her that her daughter should not have been with T.S.M., whom the family had known for 10 years, according to the mother.

“He shouldn’t be in the position of allegedly having to defend his sister from a thug, because thugs beat their girlfriends,” the judge said, “and from what it seems like, this isn’t the first time it’s happened to the young lady. So I have no ability to get her into some counseling. But she needs to figure out how not to be around guys like that.”

The mother told the judge that T.S.M. is no longer with her daughter. She was concerned about the grand theft charge: McGill had left home one night and taken her car. “To hold him accountable, I pressed charges on him, so that’s not like he was out and just stealing people’s cars,” McGill’s mother said. “That was me being a parent and attempting to hold him accountable for decisions that he was making at that time. As to now, he is attempting to do a lot better.” He had been awaiting his release from juvenile probation to join the Army.

The mother spoke as she stood next to Courtney Davison, her son’s assistant public defender.

The judge said those facts may work in his favor, if confirmed. “I have no problem with a brother defending his sister,” the judge said. “What I have a problem is with the young lady staying in a relationship like that, him being allowed to come into the home, and those individuals being in the home, and then the reaction instead of pulling somebody off is to shoot them. So we’ve got all kinds of problems in this case, and I’m going to let Ms. Clark and Ms. Davison look further into it. But I’m going to keep him where he is for a bit, so he can see if that’s the life that he wants to lead, is hanging out with people in orange out in jail or prison. So I think he’s where he needs to be. I think it’s kind of what you did before with the grand theft auto, is to give him a taste of it, because the juvenile system apparently wasn’t enough for him to get it. Because most people’s reaction isn’t to grab a firearm when they’re not supposed to possess one legally.”

McGill’s mother spoke on behalf of her son, describing him as very helpful with his youngest brother at home.

“First and foremost, keep thugs out of your house,” the judge told her.

T.S.M. wasn’t supposed to be there, the mother said, describing him as twice her son’s size.

“I don’t doubt for a second that he thought he was protecting his sister,” Nichols said. “But the way he handled it has landed him where he is, and I’m going to leave him where he is for a while. So it’s reduced from 105 to 55. But I’m going to tell you, save your money and let him sit there for a while.”