Two People Indicted in High School Mass Shooting Case

A Barrow County grand jury indicted two people for their roles in a September 2024 mass shooting at Apalachee High School. Twenty-five people were killed or injured in that incident.

Colt Gray, 14, was indicted Thursday on 55 charges for the Sept. 4 mass shooting at Apalachee High School. Charges include: four counts of felony murder, four counts of malice murder, four counts of aggravated battery, 18 counts of cruelty to children in the first degree and 25 counts of aggravated assault.

His father, Colin Gray, is facing 29 charges for providing Colt Gray with the gun, including: two counts of murder in the second-degree, two counts of involuntary manslaughter, five counts of reckless conduct and 20 counts of cruelty to children in the second degree.

According to the indictment, Colin Gray allowed his son, Colt Gray, “access to a firearm and ammunition after receiving sufficient warning that Colt Gray would harm and endanger the bodily safety of another” and caused “with criminal negligence” the death of the four victims.

“We hope this can start the process of healing for the community. The charged victims we have are the ones that the crime was actually directed towards but every person, every kid in that school was a victim,” remarked Barrow County District Attorney Brad Smith.

Jail Release

Whether the defendant is arrested at or the scene of the crime (the alleged shooter) or after an extensive investigation (the dad), immediate jail release is a top priority for a Marietta criminal defense lawyer. Bail usually isn’t available in extreme cases like mass shootings at high schools. But it is available in almost all other cases, under the provisions of the Eighth Amendment.

Extended pretrial detention makes a bad situation worse. Employment is a good example. Many bosses are willing to grant time off here and there for court dates, appointments with probation officers, and so on. But they cannot hold jobs open if an employee misses weeks at a time.

In most cases, several immediate jail release options are available in Cobb County and nearby jurisdictions, including:

• Pretrial Release: OR (Own Recognizance) release is often available in nonviolent cases, especially if the defendant has a clean criminal record. Basically, the defendant agrees to go forth and sin no more until the case is resolved, and the sheriff opens the cell doors.
• Bail Bond: The most common jail release option is usually available even in violent cases, and even if the defendant has a criminal record. Buying a bail bond is like buying a fire insurance policy. If the house burns down, or the defendant skips bail, the bonding company bears the financial risk.
• Cash Bail: This option is usually the only one available to severe violent offenders, like murders, and people with bad criminal records, such as a person charged with a second assault in the past five years. The defendant must put up the entire bail amount.

Usually, a Marietta criminal defense lawyer can knock bail down a level, perhaps from cash-only to a bail bond, at a bail reduction hearing. Judges consider additional factors in these hearings, such as the amount the defendant can pay and the defendant’s ties to the area.

Indictment/Information

At the state level, the official criminal law process begins with a grand jury-issued indictment or a prosecutor-issued information (charging document). They’re the same for practical purposes. The grand jury indictment rate is 99.99 percent. So, a grand jury is a prosecutor’s tool.

If the defendant isn’t already in custody or out on bail, authorities issue an arrest warrant at this point. Technically, arrest warrants are valid forever. The statute of limitations doesn’t apply.

So, if you have an outstanding arrest warrant, it’s best to partner with a Marietta criminal defense lawyer and take care of it. Serious offenses require immediate attention. Less serious offenses, mostly traffic ticket warrants, can usually wait. In fact, waiting may be the best idea. The police turnover rate is so high that, two or three years later, the arresting officer is rarely still on the force. No available witness means no legal case.

Pretrial Process

Up to this point, many defendants haven’t had much of a choice in any phase of the criminal law process. Things change during the pretrial process. In fact, defendants have so many choices at this stage that it’s impossible to pick the right door unless a Marietta criminal defense lawyer guides the way.

Most criminal cases settle out of court. In most cases, a lawyer negotiates a plea bargain agreement (out-of-court settlement) with a prosecutor.

Before you buy a used car, some groundwork is necessary. Most people research the Blue Book value and also hire an independent mechanic to assess the vehicle’s condition. Plea bargains work the same way. Before starting negotiations, a Marietta criminal defense lawyer must carefully examine the facts and research the relevant law.

Lesser-included offense plea bargains (e.g. drug trafficking reduction to drug possession) are very common. The agreement may also feature a lighter sentence.

If the two sides can’t agree, some other plea options are available, such as an open plea (defendants throw themselves on the mercy of the court) and a slow plea (a defendant pleads guilty, and a jury assesses punishment).

In terms of trial, defendants usually have the option of a bench trial or a jury trial. Both kinds of trials have some pros and cons.

Post-Trial Process

Probation revocation and early discharge from probation, especially in a felony, are the most common post-trial criminal matters. We know appeals draw the most attention, but appeals are very rare.

Probationers must comply with strict requirements as long as they’re under court supervision. In some respects, these requirements are like the traffic code. No one can drive more than eight or ten blocks without violating at least one traffic law, and no one can serve more than eight or ten months without violating at least one condition of probation.

Frequently, a lawyer can head these matters off at the pass and authorities never file official charges. If they file charges, the same resolution options mentioned above are usually available.

Misdemeanor probation in Georgia often doesn’t last more than a year. But felony probation could last ten years or more. In Georgia, all felony probationers are eligible for early termination if they’ve served three years, haven’t caught new cases, have no revocation actions in the last two years, and have paid all restitution.

On a related note, judges have almost unlimited power to reduce or modify the terms and conditions of probation at any time. We frequently handle unsupervised probation modifications. These defendants must simply watch the clock tick away without checking in with a probation officer, performing community service, or jumping through other hoops.

The criminal law process is often long and frustrating. 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.