Marietta police are still looking for a man wanted in connection with a November 2024 shooting at an area seafood restaurant.
The 36-year-old victim was found on Nov. 22 just after midnight. Police said officers heard a gunshot in the area in the 600 block of Franklin Gateway and responded. According to police, he was lying down in a lane in the roadway.
“First responders attempted to render aid, but the male did not survive,” police said. “Our investigators can now confirm that the incident began at the Costa Mar Restaurant before spilling out into the parking lot and roadway,” their report stated.
Later that same day, police believed they’d found their man and a SWAT team converged on a house on Powers Ferry Road. But the home was unoccupied, and the manhunt continues.
Homicide in Criminal Court
Frequently, a Marietta criminal defense lawyer can snatch victory from the jaws of defeat. Guilty defendants are often eligible for deferred disposition probation and other less intense punishments.
Homicide is different. Sentences are usually very harsh in these cases, usually because mitigating circumstances don’t exist.
For that same reason, whenever possible, Marietta criminal defense lawyers often avoid focusing on the facts in the case. The facts are usually highly unfavorable, to say the least. Therefore, a successful defense in a homicide case usually focuses on two areas.
Investigations
The police officer rule of thumb is that if a homicide isn’t solved in the first forty-eight hours, the trail goes cold. If that happens, investigators are reassigned elsewhere, and the case most likely goes unsolved. Therefore, almost as soon as the body hits the floor, investigators develop a theory, beat the bushes, and grill witnesses. An error in any one phase of this investigation could affect the outcome.
Over 50 percent of homicide victims know their attackers. So, the thepry usually involves a quick-tempered friend or relative. Frequently, investigators latch onto this theory and stay with it, even if the evidence points to someone else.
Beating the bushes generally means interviewing people with criminal records in the area. Officers usually assume these individuals at least know something about the offense. When officers pressure people to give up names, the information they provide is usually accurate.
However, this information is usually unreliable. Many people will say almost anything to deflect police attention onto someone else. If the information was unreliable, the evidence investigators find, such as a suspect’s identification, may be inadmissible in court because it was fruit from a poisonous tree.
Finally, when investigators interview witnesses, they often don’t want the witnesses to tell them what they know. They want the witnesses to finger the suspect the first two phases of that investigation have already identified. Biased lineups are their go-to tool.
Cross-racial bias may be the biggest issue in police lineup identification. If a white person sees ten nonwhite people who are the same approximate age, weight, and height, everyone looks alike. So, these lineup identifications are always questionable.
Incidentally, suspects have a Fifth Amendment right to refuse to appear in lineups or pose for pictures.
Jail Release
Homicide is an emotional crime. Most jurors care deeply about recent homicides that happened near their homes. Their interest quickly wanes. Therefore, a Marietta criminal defense lawyer often delays the case as much as possible. Jail release is the best way to delay a case. Jail cases are on the fast track and bond cases are on the slow boat.
Immediate jail release is usually unavailable in homicide or other very serious felony matters. However, during a subsequent bail reduction hearing, the judge must consider a wide range of factors, most of which are defendant friendly. These factors include:
- Amount the Defendant Can Pay: Most families have little or no savings. So, unless the other factors weigh against the defendant, the bail amount must be relatively low. Bail guarantees the defendant’s appearance at trial. Bail does not punish the defendant.
- Ties to the Community: Drifter homicides are extremely rare. As mentioned, connection homicides are far more common. Most homicide defendants have local jobs and families. Furthermore, also as mentioned, most defendants don’t have the means to travel.
- Severity of the Offense: People who face serious charges are more likely to go to court to clear their names than people who face minor charges. Homicide is about the most serious offense in the Georgia penal code.
Frequently, Marietta criminal defense lawyers resolve bail reduction matters out of court. For example, prosecutors may agree to lower bail if the defendant agrees to electronic monitoring.
Homicide in Civil Court
The 1990s O.J. Simpson murder saga is probably the best example of a crossover homicide case. But the Simpson case was not the only example. In fact, criminal homicide actions almost always spawn one of two kinds of civil actions. We’ll say a few words about each of them.
Wrongful Death
These actions aren’t very common against individuals. Most people have few assets and are effectively judgment-proof. Furthermore, a wrongful death action against an individual often prolongs an experience that most people are anxious to forget.
Most people only partner with a Marietta personal injury lawyer and file a wrongful death action against an individual if the criminal justice system doesn’t deliver the desired verdict against a certain individual. In these cases, individual wrongful death actions give survivors some sense of closure.
Negligent Security
If available, negligent security claims are much more common, for justice and financial reasons. If inadequate security at a public place contributed to a homicide, another homicide will probably occur there, unless that landowner mends its ways.
Furthermore, most property owners are heavily insured and better able to compensate survivors for their pecuniary losses. These losses include the decedent’s final expenses, future lost emotional support, the decedent’s pain and suffering, and lost future financial support.
Money is a very empty motivator for wrongful death survivors. But the fact is that survivors need money to move forward with their lives. If a property owner’s carelessness led to a wrongful death, the property owner should accept financial responsibility for that mistake.
Negligent security is based on a property owner’s duty of care. All owners have a legal responsibility to create and maintain safe and secure environments. Negligent security hazards include burned-out lights and broken gates.
From a criminal and civil standpoint, homicide is about as serious as they come. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
