Multiple People Shot in Nightclub Fracas

Elberton is normally a quate, outlying Atlanta suburb. But On October 14, 2024, a rowdy homecoming party erupted into violence at a local nightclub.

Elbert County Emergency Services confirmed just before midnight on Oct. 12, their agency, along with the Elbert County Sheriff’s Office and Elbert County EMS, responded to a shooting near 7 Grand nightclub on Evergreen Drive in reference to multiple people shot. The Georgia Bureau of Investigation said the shooting was at a homecoming afterparty and that it took over the investigation at the request of the sheriff’s office.

Witnesses reported hearing more than twenty shots fired as the area descended into utter chaos. The victims were rushed to area hospitals for treatment. Seven of the victims ranged in age from 15-19, and the eighth victim was an adult. Hart County Schools put out a statement on Sunday confirming one of their students, a 15-year-old boy, died in the shooting.

No other details were available.

Nightclubs and Negligent Security

Defendants have important legal rights when violent crimes, like shooting cases, go to court. The victims of these assaults also have important financial rights in civil court. These rights pertain to a dance club owner’s duty of care. This legal responsibility includes a duty to ensure that invited guests are safe and secure at all times.

The legal responsibility never changes. But the actions that a property owner must take to meet this standard often change. A dance club expecting a big crowd is a good example. On weeknights, when crowds are thin, minimal security is required. But at a big weekend event, like a homecoming after party, additional security is needed.

Dance club security usually means bouncers. As mentioned, on most nights, especially in a small town like Elberton, one or two bouncers may be sufficient.

But one or two bounders isn’t always enough. When an owner expects a large crowd, an owner must also hire additional bouncers, as well as one or two doormen. These men need not be armed, and in fact, it’s probably best id they aren’t armed. However, they must be big enough to intimidate people.

Furthermore, the duty to provide adequate security doesn’t end at the front door. Security people cannot tell rapscallions to “take it outside” and be done with it. The security perimeter includes the parking lot as well.

If onsite security at the Grand 7 that night was insufficient to handle the crowd, a Marietta personal injury lawyer can obtain significant compensation for shooting victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

The club’s owner, which is usually an out-of-state holding company, is financially responsible for these damages. In many cases, the shooters aren’t even material witnesses. So, it may not matter if a Marietta personal injury lawyer finds them or not.

Nuts and Bolts of a Civil Claim

A negligence claim has five main parts. A victim/plaintiff must establish all four elements of a negligence case, and also refute possible defenses.

We covered the first element, the duty of care, above. This legal principle is based on the moral principle of the Good Samaritan. This man went out of his way to help an injured traveler. Likewise, property owners must go out of their way to protect invited guests. “Going out of your way” sometimes involves substantial effort, also as outlined above.

A breach of duty is the next element. In this context, there’s probably a difference between a drive-by shooting and an on-premises shooting. The entire Georgia National Guard probably couldn’t prevent a random event like a drive-by shooting. But an owner clearly has the power to prevent an on-premises shooting.

Cause is a two-part element. A Marietta personal injury lawyer must establish factual and legal cause. Factual cause is but-for cause (i.e. the injury wouldn’t have happened “but for” the owner’s negligence). Legal cause is foreseeability (possibility) of injury. A drive-by shooting is foreseeable, but it’s probably not a breach of duty, as outlined above.

Damages, the fourth element, are normally straightforward. However, some lawyers make mountains out of molehills. They send mildly injured victims to Dr. Leslie, who orders every test under the sun simply to run up the bill. Compensation is usually unavailable for such “damages.”

Assumption of the risk is the most common defense in negligent security claims. Victims are responsible for their own injuries if they don’t take responsibility for their own safety.

Violent Crimes in Criminal Court

Victims’ rights are at the center of civil claims, and defendants’ rights are at the center of criminal claims. By far, the most important right is the right to an attorney. Only a Marietta criminal defense lawyer adequately protects the other rights of criminal defendants.

These other rights kick in before authorities press official charges. Police officers cannot use illegal means to obtain evidence. These illegal means often include Fourth Amendment search and seizure violations.

At trial, a defendant has the right to a fair and impartial hearing. This hearing begins with the presumption of innocence. So, prosecutors must not only prove the defendant was properly accused of the crime, instead of wrongfully accused. The state must also prove that the defendant was guilty.

This fair and impartial hearing must include the testimony of reliable witnesses. A witness who received something in exchange for testimony, such as money or leniency, usually isn’t reliable. A witness who saw a face in the dak as bullets were flying probably isn’t reliable either.

These rights continue after the judge’s gavel falls. The punishment must fit the crime, and the defendant must have access to post-trial proceedings, like probation modification or early discharge.

Nuts and Bolts of a Criminal Defense

The nuts and bolts of a violent crime defense follow the rights guaranteed in these matters. In one way or another, all these rights-based defenses center on a lack of evidence.

If police officers illegally obtained evidence during their violent crime investigations, that evidence is inadmissible at trial. Furthermore, a Marietta criminal defense lawyer has the right to cross-examine all prosecution witnesses. Hidden motives and secret payoffs don’t stay hidden and secret for long in these situations.

Additionally, after the case ends, a Marietta criminal defense lawyer can continue to reduce the consequences of a criminal conviction, mostly by defending people during probation or parole revocation matters and seeking an executive pardon, if possible.

Many criminal infractions also have consequences in civil courts. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.