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Guilty plea in 2022 murder at General Mills:

This morning, just before jury selection began, Jalen Brown pleaded Guilty but mentally ill to Felony Murder, 3 counts of Aggravated Assault, 3 counts of Possession of a Firearm During Commission of a Felony, and Possession of Marijuana with Intent to Distribute. These offenses arose from the Defendant shooting and killing his coworker, Zachary Foster on May 29, 2022 at General Mills in Covington.

Brown was sentenced to Life in Prison plus 5 years. Georgia law provides that someone pleading guilty but mentally ill will receive the same sentence as someone that pleads guilty. However, for a defendant that pleads guilty but mentally ill, the law provides the Department of Corrections ability to refer a defendant for temporary hospitalization to a facility operated by the Department of Behavioral Health and Developmental Disabilities. Such a facility will still be a secure facility. The defendant must also meet the legal definition of mentally ill.

Prior to the date of the crimes, the Defendant had been acting increasingly paranoid. This was due to mental health issues but aggravated by the Defendant's drug use. On May 29, 2022, the Defendant brought a handgun with him to work. Supervisors approached the Defendant to address his behavior, but the Defendant ran to a different area of the plant, obtained his firearm from a bag, and shot and killed Foster.

Brown then fled General Mills. A coworker pursued trying to keep sight of him. As Brown fled, another individual saw Brown running down the road with a firearm. That individual stopped his car and began to back up away from Brown. Brown then fired again at both the coworker and the person in the vehicle. Just after this shooting, Covington Police Officers quickly arrived and took Brown into custody.

Brown was interviewed and admitted to shooting Foster. During this interview, he also expressed hearing voices and paranoia (about things that had not actually happened). Two days later, a bag was found near General Mills. That bag contained several forms of identification belonging to the Defendant and more than 14 ounces of marijuana.

The prosecution was led by Deputy Chief Assistant District Attorney Jillian Hall as well as Assistant District Attorney Madison Caito, Investigator Colin Cunningham, Victim Advocates Madison Sanders and Sophie Conner, Trial Assistant Danielle Miller, and Legal Assistant Desiree Kozikowski. The arrest and investigation were handled by the Covington Police Department with assistance from the GBI Crime Lab.

Guilty verdict in May 2023 murder of Jaquavious Lackey:

The trial of State v. Jacarie Anttwonn Justice (20 years old at the time) ended this morning with a verdict of guilty of all counts for the murder of Jaquavious Lackey (19 years old at the time) at a residence on Lawn Way in Newton County on May 29, 2023. Justice was found guilty of Malice Murder, Felony Murder, Aggravated Assault, Possession of Firearm During Commission of a Felony, and Cruelty to Children in the Third Degree.

The trial began with jury selection on Monday April 27. Beginning on Tuesday, the State presented witnesses and evidence that showed the following: Lackey had a child with the Defendant's sister. Lackey came to their residence when an altercation began with Lackey's child's mother, the Defendant, and the Defendant's girlfriend trying to fight Lackey. After being attacked by multiple individuals, Lackey broke free and proceeded to grab a firearm from his vehicle. Lackey then fired the gun into the air.

The parties then separated. The Defendant and others saw Lackey then put his firearm into his car. Lackey then approached the Defendant wanting to fight and throwing a punch at the Defendant. The Defendant took out his own firearm, despite knowing that Lackey was no longer armed, and shot the victim. Lackey then ran away, but the Defendant shot him two more times in the back. Lackey fell to the ground. The Defendant then went to where Lackey had fallen and shot him one more time in the chest as Lackey lay defenseless on the ground.

A neighbor's home surveillance camera recorded the entire incident. This video was played for the jury multiple times. A juvenile neighbor saw the shooting through his window. He described seeing Lackey on the ground and in no way a threat to the Defendant when the Defendant stood over Lackey and shot him.

At trial, the defense argued that he acted in self-defense. The Court instructed the jury thoroughly on the law of self-defense and that there is no duty to retreat when acting in self-defense. During deliberations, the jury rewatched the Defendant's interview and the surveillance video of the incident. The jury's verdict shows that they unanimously rejected the Defendant's self-defense argument.

The case was prosecuted by Deputy Chief Assistant District Attorney Bailey Wilkinson, Investigator Danny Peppers, Victim Services Director Leslie Smith, Victim Advocate Madison Sanders, Trial Assistant Danielle Miller, and Legal Assistant Sheila Cornelius. The investigator and arrest were handled by the Newton County Sheriff's Office with assistance from the GBI Crime Lab. Juvenile witnesses received services from A Child's Voice Child Advocacy Center.

The Court ordered that a pre-sentence investigation be completed with sentencing hearing to be scheduled once that report is completed.

Sadly, young men involved with firearms continue to make decisions that have drastic and long-lasting consequences. I want to thank the prosecution team and the entire office for their hard work prosecuting this emotional case.

DA Randy McGinley

DA's Office remains busy even after guilty verdicts:

Updated: May 1

For a prosecutor's office, a jury verdict finding someone guilty is often not the end of the hard work. Any criminal defendant that is found guilty has multiple routes to challenge the conviction and/or sentence. After highlighting some of the recent post-conviction decisions in Walton and Newton, I provide more information about that process further below.

Kinterie Durden: Double Murder - Motion for New Trial Denied

Michael Wallace: Aggravated Sexual Battery & Child Molestation - Motion for New Trial Denied

Jeffery Brown: Rape and numerous other offenses - Court of Appeals Affirms Conviction

On March 31, the trial court issued a 60+ page order denying the Motion for New Trial of Kinterie Durden. In November of 2019, Durden was convicted of the double murder of Davoddren Harris and Cortez White just outside Social Circle. Then in early 2020, Durden was sentenced to Life Without Parole. The Motion for New Trial process went through a judicial retirement and numerous attorneys being appointed to Durden's case. It involved numerous complicated legal issues, including the life without parole sentence for a juvenile defendant. Multiple days of hearings were held on the Motion with more than 15 witnesses testifying, including both of Durden's trial attorneys and a mental health expert. Additionally, hundreds of pages of additional records and evidence were presented to the trial court on this Motion. Both the State and Defense filed lengthy Briefs arguing the law and the facts.

Durden claimed 13 legal errors with each claim having multiple subparts. Ultimately, the trial court denied the Motion for New Trial. If the Defendant timely files a Notice of Appeal, the case will then move onto the Supreme Court of Georgia. The post-conviction proceedings have been handled by District Attorney Randy McGinley. The full Order can be read here:

Also on March 31, the Superior Court issued an Order Denying the Motion for New Trial of Michael Wallace. Wallace had been convicted of Aggravated Sexual Battery and three counts of Child Molestation. In November of 2022, he was sentenced to 25 years in prison, without parole, followed by life on probation. Wallace raised numerous issues and presented multiple witnesses over two days worth of hearings on the Motion. District Attorney Randy McGinley, Senior Assistant District Attorney Jacqueline Fletcher, and Chief Assistant District Attorney Cliff Howard handled the Motion for New Trial proceedings. Wallace has filed a Notice of Appeal and the case will move to the Court of Appeals. This Order can be read here:

Lastly, on April 7, the Court of Appeals issued an Opinion affirming the conviction of Jeffery O. Brown for Rape, two counts of Aggravated Child Molestation, three counts of Incest, one count of Enticing a Child for Indecent Purposes, and one count of Electronically Furnishing Obscene Materials to a Minor. The Defendant's appeal challenged the sufficiency of the evidence. However, the Court of Appeals rejected this argument in upholding his conviction and life sentence. The appeal was handled by District Attorney Randy McGinley. The Opinion can be read here:

Information on the post-conviction process:

Generally, the post-conviction matters start in the trial court with a defendant filing a Motion for New Trial. This asks the trial court to grant a defendant a new trial based on some claim of legal error in the trial. A defendant can also challenge the legality of the sentence in this Motion. While a defendant must file an initial motion within 30 days of the sentencing being filed with the Clerk of Court, the work on this Motion really cannot start until the trial transcript is completed, which can take months depending on the length of the trial and how busy the courts are.

Additionally, defendants often claim that their trial attorney was constitutionally "ineffective" and they should be entitled to a new trial due to that attorney's deficiencies. When this happens, the trial attorney cannot continue to represent the defendant. And, on cases where a defendant is sentenced to a lengthy prison sentence, they are often entitled to an appointed attorney. This process of finding qualified defense attorneys who also have sufficient time to handle very serious matters can cause further delay in this post-conviction process.

Ultimately, a hearing is often scheduled to present evidence and argument on the Motion for New Trial. These hearings can be very short, with a single witness lasting 30 minutes, or can be very long, with numerous witnesses lasting multiple days. If a Motion for New Trial is denied by the trial court, a defendant then has the right to appeal that decision to the appropriate appellate court (a defendant has the right to skip the motion for new trial stage and proceed directly to an appeal).

Most appeals start with the Court of Appeals of Georgia. However, murder cases go directly to the Supreme Court of Georgia. The entire record of the case must be transmitted from the Clerk of Court to the appellate court. Both the defense and prosecution then submit briefs (which an be quite lengthy). Then, the appellate court issues what is called an "opinion" where they can affirm (uphold) of reverse a conviction (or just parts of it).