A combination of high-technology surveillance and a random traffic stop led to the arrest of a 26-year-old man who allegedly killed two people, and seriously wounded a third person, in a shooting spree that covered much of the state.
At a news conference, investigators said the first crime was committed in unincorporated DeKalb County just after 12:50 a.m., when a woman was shot multiple times outside of a Checkers.
About two hours later, officers in Brookhaven received reports of a person who was shot. They found a 49-year-old man on the sidewalk who was shot multiple times. Brookhaven Police Chief Brandon Gurley described the incident as a “completely random attack,” and said the victim was an unhoused person who was asleep when he was hit by bullets fired from a car.
At 6:50 a.m., the next report of a shooting came in from DeKalb County. In that case, another adult woman was found shot to death on the sidewalk.
Investigators said the common thread between the three scenes was a silver Volkswagen Jetta, which was spotted leaving the first crime scene. Officers used technology to track the vehicle to Troup County, where the defendant was arrested following a traffic stop.
The suspect’s attorney filed a motion seeking bond for her client. Her motion argues that the defendant “poses no significant risk of fleeing from the jurisdiction of the court of railing to appear in court when required. Defendant poses no significant threat of danger to any person, to the community, or to any property in the community.”
A judge will soon decide the matter, as a bond hearing is set for April 2026. Meanwhile, the suspect remains in custody.
Conditions of Bond in Criminal Cases
Only a few years ago, any Marietta criminal defense lawyer who argued that an alleged double murderer wasn’t a threat to the community would’ve been laughed out of court. But technology has created a pathway to pretrial release for even the most dangerous defendant.
Electronic monitoring is a good example. As recently as 2005, this technology was quite primitive and unaffordable in most cases. But electronic monitoring use has increased more than 500 percent since then. So, the technology is much better. Additionally, more providers now offer this service, and competition lowers costs. Other high-technology restraints include:
- Radio Frequency Transmitters: These gadgets enforce curfew requirements, a standard condition of bond. The defendant must wear a transmitter that sends signals to a receiver in the home. These signals verify curfew compliance.
- Alcohol Monitoring: Since alcohol lowers inhibitions, people who drink excessively often commit crimes, skip bail, and do things they would not otherwise do. Remote alcohol monitoring technology reduces or eliminates this risk. Options include vehicle Ignition Interlock Devices and Secure Continuous Remote Alcohol Monitor (SCRAM CAM) bracelets that test sweat to determine BAC level.
- Voice Recognition Technology: This technology can largely replace live check-ins, another standard bail condition. The defendant checks in remotely, and voice print verifies the person’s identity.
This technology allows authorities to monitor bond conditions proactively instead of reactively, all but eliminating a defendant’s potential threat to the community.
Additionally, at a bail reduction hearing, threat to the community is only one factor to consider. Other considerations include:
- Defendant’s ability to pay bond,
- Defendant’s contacts with the community (local job, local family, etc.),
- Amount of evidence against the defendant,
- Defendant’s ability to travel, and
- Defendant’s threat to individuals, usually witnesses or crime victims.
In the above story, these factors all point to pretrial release for this defendant, especially the amount of evidence against the defendant. More on that below.
Cash bail is usually the only realistic jail release option in serious felony cases. These defendants are not eligible for pretrial release, and few, if any, bonding companies are willing to take on the risk involved in these cases.
Cash bail is basically a security deposit. The defendant pays the entire amount in cash. Some jurisdictions accept cash equivalents, such as credit cards or property deeds. Then, if the defendant fully complies with all conditions, the county refunds most of that money when a Marietta criminal defense lawyer resolves the case.
To reduce the financial strain of cash bond (the bond amount in a serious felony could easily be $10,000), a Marietta criminal defense lawyer works with a bonding company that accepts part of the risk.
Evidence in Criminal Cases
We cannot stress this point enough in these posts. At trial, the prosecutor must establish every element of every offense beyond any reasonable doubt. The state has the burden of proof and the burden of persuasion.
Assume a State Tech player runs the wrong way after recovering a fumble, allowing State U to win by one point in the annual football game grudge match. Although it won the game, many observers may not be convinced that State U was a better team.
In a Georgia criminal case, the prosecutor must convince the jury that the state has met the burden of proof and that the state has a better team than the defense. The bare minimum won’t do.
A quick footnote about wrong-way Jim Marshall. The defensive end set career records for most consecutive starts (270) and most games played by a defensive player (282). After he left professional football in 1979, the team retired his number when he was inducted into the Vikings Ring of Honor.
Circumstantial evidence, like the same car involved in the same crimes, often meets the burden of proof. But it often falls short of the burden of persuasion. That’s especially true if a Marietta criminal defense lawyer offers a reasonable alternative explanation for existing facts.
Technology sometimes comes into play in these situations as well. Assume Peter says he was home alone watching TV at the time an offense occurred. The Netflix download log confirms that a movie was indeed playing at the time. This evidence doesn’t prove that Peter, or anyone else, was in front of the TV. But it’s probably enough to create a reasonable doubt, at least as to the burden of persuasion.
Technology is changing the way attorneys approach criminal cases. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. Convenient payment plans are available.
