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Augusta trial ends without homicide conviction

Friday, March 22, 2013 3:44 PM
Last updated 10:29 PM
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With two men pointing the finger at each other as being the one who shot a man to death in the early morning of Oct. 2, 2011, a Richmond County Superior Court jury’s verdict left neither responsible for the homicide.

After deliberating for several hours, the jury returned a verdict Friday finding Chad Walker, 22, guilty of criminal attempt to commit robbery and two weapon offenses.

That no one will be held accountable for killing their 29-year-old son, Buchanan Marshall, broke his parents’ hearts yet again, they said.

“It’s tearing us apart,” Susan Marshall said of the thought that Walker and Mikell Thomas will one day be free again.

Last week, Thomas, who was 15 the night Marshall was killed, pleaded guilty to armed robbery and received a 20-year prison sentence. He agreed to testify against Walker and did so this week.

It was a difficult case with scant evidence, and the statements made by Walker and Thomas meant the two had to be tried separately, said Assistant District Attorney Sam Nicholson. He asked the judge to impose the maximum sentence possible for Walker.

Judge Michael N. Annis sentenced Walker to a total of 40 years, the maximum possible.

Assistant Public Defender Jimmy Walker asked the judge to consider a lesser sentence considering the jury’s apparent decision not to believe Thomas’ description of Walker as the triggerman.

No one may ever know the whole truth about Marshall’s death and it sadden him that Walker’s sentence won’t start the healing process for his parents, Annis said.

Comments (4) Add comment
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David Parker
7923
Points
David Parker 03/22/13 - 03:04 pm
1
0
No felony murder rule in AR

No felony murder rule in AR County? and why not?

rmwhitley
5547
Points
rmwhitley 03/22/13 - 06:21 pm
0
0
Check
Unpublished

out your predominant demographics. You'll understand the verdict.

dichotomy
37436
Points
dichotomy 03/22/13 - 08:27 pm
2
1
Hey, a death during the

Hey, a death during the commission of a robbery. Both should have been charged with felony murder. It doesn't matter who pulled the trigger. Hope one of the victim's relatives is waiting for them when they get out to do the job our criminal justice geniuses failed to do.

nocnoc
49129
Points
nocnoc 03/23/13 - 06:45 am
2
0
I would like the AC to start

posting the makeup of the juries.
# of men
# of women
and other related details like Peremptory Challenges.

It would be interesting to see if such makeups have anything to do with the outcomes?

Examples:
Are women prone to voting NO on murder sentences if the murder is a teen?

Are men prone to voting NO when teens engage in sex with older women, but vote YES when older men have sex with female teens of their daughters ages?

If a Teen shoots a baby in the face killing it, which sex is more likely to vote YES and/or which groups are likely to vote NO unless the death penalty is LIFE?

nocnoc
49129
Points
nocnoc 03/23/13 - 06:45 am
1
0
As far as GA LAW and this case.

Georgia Code
O.C.G.A. 16-2-20 (2010)
16-2-20. When a person is a party to a crime
(a) Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime.

(b) A person is concerned in the commission of a crime only if he:

(1) Directly commits the crime;

(2) Intentionally causes some other person to commit the crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity;

(3) Intentionally aids or abets in the commission of the crime; or

(4) Intentionally advises, encourages, hires, counsels, or procures another to commit the crime.

O.C.G.A. § 17-10-30
(1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony;

(2)The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree;

(3) The offender, by his act of murder, armed robbery, or kidnapping, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;

(4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value;

Only guessing here....
The DA went for life to avoid a 1000 appeals on nick picking items.

EXAMPLE: http://murderpedia.org/male.W/w/whatley-frederick.htm

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