News

Conviction in November 2023 Murder of Baron Kilpatrick, Jr. (“BJ”):

Late yesterday afternoon, a Newton County jury convicted Tyrese Smith (aka “Trouble”, pictured second) of Malice Murder, Felony Murder, Armed Robbery, 3 counts of Aggravated Assault, and 2 counts of Possession of a Firearm During Commission of a Felony.

On November 3, 2023, Covington Police Officers responded to an apartment in the Housing Authority properties on Alcovy Road in reference to a shooting. When they arrived, they found Kilpatrick (pictured first) with two gunshot wounds, one to the body and one to the head.

The investigation and evidence presented at trial showed that Tyrese Smith and others, including the victim, were at this residence. While there, the Defendant, armed with a handgun, robbed another person of a firearm. This other individual was with and standing next to Kilpatrick. The Defendant then opened fire, striking Kilpatrick twice. Kilpatrick was transported for medical assistance but did not recover.

The Defendant fled the scene and was later apprehended. When interviewed by Covington Police Detectives, the Defendant admitted to shooting Kilpatrick, but claimed it was in self-defense and that he was the one being robbed. However, the crime scene investigation, the autopsy, and common-sense did not support the Defendant’s version of events.

The trial lasted from jury selection on Monday until just before 5pm on Wednesday, August 6. The jury deliberated for less than an hour before returning a verdict of guilty on all counts, clearly rejecting the Defendant’s self-defense story.

The case was tried by Chief Assistant District Attorney Cliff Howard, Investigator Jeff Diller, Chief Investigator Kelly Whire, Senior Victim Advocate Shay Payne, Trial Assistant Danielle Miller, and Legal Assistant Desiree Kozikowski. The investigation was handled by the Covington Police Department along with assistance from the Newton County Sheriff’s Office, the GBI Crime Lab, and the Newton County District Attorney’s Office.

“The Defendant’s senseless violent use of a firearm led to Kilpatrick, a young man in his mid-20s losing his life. The Defendant, also a young man in his mid-20s now faces a minimum sentence of life in prison with the possibility of parole after 30 years. While this verdict does not bring BJ back, it shows the continued committed of the District Attorney’s Office and law enforcement to holding violent criminals responsible and bringing justice to victims and their families.”

Randy McGinley

District Attorney

Alcovy Judicial Circuit

Man Pleads Guilty To 2022 Murder of His Mother:

With trial expected to start next week, Shane Stark entered a plea of guilty but mentally ill to the murder of his mother, Makhyal Stark Pohlel (pictured) as well as numerous aggravated assault and firearm possession charges from firing rounds at law enforcement that responded to the scene.

In January of 2022, the Defendant called 911 and reported that he had killed his mother with a shotgun. Numerous deputies with the Walton County Sheriff’s Office responded to the scene, including the SERT team. As deputies entered the home attempting to locate the victim and the Defendant, Stark fired multiple shots in the direction of the deputies. Eventually, Stark surrendered to law enforcement.

After the case was indicted, the Defendant, through his attorney, asked for a court-ordered mental evaluation regarding both competency to stand trial and criminal responsibility. The defense also obtained a private evaluation. After the completion of those evaluations, the Defendant filed Notice of Intent to Raise the Issue of Insanity and Special Plea of Not Guilty by Reason of Insanity.

The Defendant withdrew that contention today as part of the guilty plea. The Defendant was sentenced to Life in Prison plus 12 years in prison. The case was prosecuted by Assistant District Attorney Tara Murphy, Chief Investigator Josh Chambers, Senior Victim Advocate Donna Brandenburg, and Legal Assistant Heather Johnson. The arrest and investigation were handled by the Walton County Sheriff’s Office and the Georgia Bureau of Investigation.

A guilty but mentally ill plea and sentence functions essentially the same as a guilty plea. The Defendant was sentenced to life in prison and will be in the custody of the Georgia Department of Corrections. However, the Department shall evaluate the Defendant and consider any mental health issues when determining appropriate penal facility placement. Further, such a plea allows the Department of Correction more authority to transfer a defendant who suffers from an acute mental health issue to be temporarily transferred to the Department of Behavioral Health and Developmental Disabilities for care in a state mental health facility.

If the Defendant had proceeded with an insanity defendant and a jury found him not guilty by reason of insanity, he would be detained in a state mental health facility to be evaluated for his present mental condition within 30 days. If he were found to meet criteria for involuntary inpatient treatment, he could be kept in a state facility. However, if he did not meet that criteria, he could have been released from custody.

“Cases involving mental health are difficult both factually and legally. I commend the hard work of the prosecution team that led to this outcome of the Defendant accepting responsibility for the murder of his own mother. The Defendant has received a sentence of life in prison for his actions, providing some level of closure to the family. I want to personally recognize the SERT team of the Sheriff’s Office who were able to safely apprehend the Defendant while keeping themselves and public safe.”

Randy McGinley

District Attorney

Alcovy Judicial Circuit

Walton County Sheriff's Office Hosts District Attorney's Office For Day of Training at Gun Range:

Last week, both the Newton and Walton District Attorney Offices were closed for a day of training at the Walton County Sheriff's Office gun range. About 50 members of the DA's Offices attended the day that included lecture type training, small group training, and time on the range firing handguns.

District Attorney's Office at Walton County Sheriff's Office Firearm Range Training Room

The training was led by Lt. Jeff Taylor, who discussed topics such as self-defense, firearm safety, and firearm operation. Lt. Taylor then joined with Lt. Bo Huff, Cpl. James Jackson, Sgt. Matt Hensley, and Deputy Mark West provided further training in small groups along with District Attorney's Office Investigators Josh Chambers, Eric Yarbrough, Randy Temples, and Danny Peppers. While some with the DA's Office have extensive experience and training with firearms, some had never fired a handgun.

Deputy Chief Assistant District Attorney Bailey Wilkinson also taught on safely and persuasively presenting firearm evidence at trial.

"I am grateful to Sheriff Keith Brooks for his commitment to collaboration between his office and the District Attorney's Office. Joint training like this goes a long way to making both our offices better at keeping our communities safe. Lt. Taylor's extensive knowledge and pride in what he does made this a wonderful event for every member of my office. I extend my continued thanks to every member of the Sheriff's Office that helped with this training. I also want to thank every Investigator in the District Attorney's Office. In addition to the hard work they put in every day to ensure our office obtains justice for those victimized by crime, they keep the rest of the office safe and secure."

Randy McGinley

District Attorney

Alcovy Judicial Circuit