DADEVILLE Now that five of the six co-defendants charged with four counts of reckless murder each in the Dadeville shootings are being held without bond, whats next?
To say its a complicated case is an understatement. Four victims dead, 32 injured, some critically, by gunshots, and six co-defendants that include a 15-year-old. There are mountains of forensic evidence to sift through. The recent Aniahs Law hearing a judge ruled the five co-defendants being charged as adults will be held without bond included the first public airing of details in the case.
Investigators recovered 89 shell casings, many from .45-caliber, .40 caliber, 9 mm and .22-caliber handguns. Testimony indicated that seven guns were fired, including a gun found on one of the slain victims. There were 50 to 60 people in the tightly packed room when gunshots began about 10:30 p.m. on the recent Saturday night.
Evidence continues to be gathered, interviews of witnesses and injured party celebrants are ongoing. The Alabama Law Enforcement Agency is leading the investigation, which also includes the Dadeville Police Department, Tallapoosa County Sheriffs Office, 5th Circuit District Attorneys Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI.
And dont forget, charges relating to those injured in the shootings have not been filed yet. They could range from felonious assault, since a firearm or other dangerous weapon or instrument was used, to attempted murder.
A Tallapoosa County Grand Jury is likely to review the cases to determine if enough evidence exists that a crime occurred. There are also several stages in the lengthy legal process where charges against the defendants could be dropped.
The brutal truth is, it could be years before any trials occur. Along the way will be possibly several years worth of court proceedings before the first jury is selected and seated.
Its going to be a long, difficult journey for this close-knit community.
The shootings occurred at a 16th birthday party April 15 at a dance studio in downtown Dadeville.
Killed were: Philstavious Phil Dowdell, 18, Shaunkivia Nicole Keke Smith, 17, Marsiah Emmanuel Siah Collins, 19, and Corbin Dahmontrey Holston, 23.
Police arrested brothers Tyreese "Ty Reik" McCullough, 17, and Travis McCullough, 16, of Tuskegee on April 18. Wilson LaMar Hill Jr., 20, of Auburn, was arrested April 19, and cousins Johnny Letron Brown, 20, of Tuskegee, and Willie George Brown Jr., 19, of Auburn, were arrested on April 20.
A 15-year-old juvenile from Tuskegee was arrested on April 20. His name has not been released due to his age. District Attorney Mike Segrest is seeking to have the teen charged as an adult. That requires a hearing in juvenile court.
The following court action will precede any trials. For the purposes of this story, these are the proceedings that will involve the co-defendants who are being charged as adults.
Set for May 23 before District Judge Clayton Taylor. The defendants will be read the charges against them and asked if they understand the charges. The matter of bond again can be raised for Taylor to consider. A purpose of the initial appearance also is to ensure the defendants have attorneys. The court has appointed attorneys for each of the defendants.
Defendants have a right to a preliminary hearing, where the state informs the court of the evidence investigators have collected so far. Defense attorneys can cross examine prosecution witnesses. Defense attorneys often waive preliminary hearings. After an initial appearance or preliminary hearing, the judge will determine if enough evidence exists to establish probable cause that a crime occurred so the grand jury can review the case.
Alabama has a Youthful Offender Statute where defendants ages 18 to 21 can seek review. It is open to people who have not been in legal trouble before and who are charged with non-violent crimes. If the judge grants Youthful Offender Status, the original charge or charges are dropped and the defendant is found guilty of violating the Youthful Offender Statute. The maximum punishment is three years in prison, and the persons record is sealed.
Its common for people who fall within the given age range and who are charged with violent crimes, up to capital murder, to seek Youthful Offender Status. The courts entertain the motions so as not to present an issue for any conviction to be reversed upon appeal. The court of criminal appeals could also order a retrial on the charges if a higher court finds proper legal methods were not followed.
During testimony in the Aniahs Law bond hearing, allegations were raised that Holston, one of the four who were killed, was armed and allegedly fired the first shot. Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) investigations showed his gun had been fired, testimony revealed. That opens the door for defendants to argue self-defense. A judge would review evidence to determine if Alabamas Stand Your Ground Law applies. If it does, charges against all or some of the defendants could be dropped. If the judge determines Stand Your Ground doesnt apply, the cases go to the grand jury.
The grand jury reviews the evidence and could return indictments if the panel believes there is enough evidence present that a crime occurred. An indictment is not a finding of guilt, but is required for the case to go to trial. The grand jury could also no bill the case against some or all of the defendants, finding no evidence exists that a crime occurred; charges would then be dropped.
If a grand jury clears a defendant, they can never be charged with that particular crime again under the Constitutional guarantee against double jeopardy.
If indictments are returned by the grand jury, they can be on the original charge, or a stronger or lessor charge. The defendants appear before a circuit judge at arraignment to enter a plea of guilty or not guilty. Then the trials can be scheduled.
Defense attorneys could also seek a change of venue, asking that any trials be moved from Tallapoosa County. A change of venue is sought when the defense believes that media attention, or the high-profile status of the case, makes it impossible to find an impartial jury in the county.
Tallapoosa County is unique, divided into an Alexander City judicial district and a Dadeville district. Jurisdiction is determined by which side of the Tallapoosa River the crime occurs. Assuming no change of venue, any trials in the shootings would take place at the courthouse in Dadeville.
The grand jury meets twice a year in Tallapoosa County. During an April 16 press conference, Segrest said the grand jury serves a six-month term, and he could call them back at any time during those six months for a special session. He called such a move unprecedented in the history of the county.
Each district in Tallapoosa County has two, two-week criminal terms a year. The six co-defendants, if the 15-year-old is charged as an adult, would be tried separately. So, with that court schedule, it could take three years to have all the trials, trying two defendants a year.
Hopefully it wouldn't take that long, Segrest said during a Friday morning phone conversation.
These cases are a priority, he said, adding that the first trial could take place in June of 2024, if everything falls into place. We are going to follow the law in preparing for trials. There are also two, two-week civil terms a year. We could use any leftover civil term court days to have criminal trials. That would allow us to have more than two trials a year in these cases.
Shortcuts cannot be taken, said Tom Azar, a seasoned River Region defense attorney and former Montgomery police officer. He does not represent any of the defendants, but he has decades of courtroom time under his belt.
This is a complicated case, a very complicated case where you have multiple defendants and multiple victims, he said. You cant get in a hurry. You want to preserve the defendants rights to a fair trial. While you are also seeking justice for the victims and their families.
No one; not the defense, not the state, wants to do any of these trials more than once due to some mistake in the process.
Contact Montgomery Advertiser reporter Marty Roney at mroney@gannett.com.
Excerpt from:
Dadeville mass shooting cases now head to courts. What to expect ... - Montgomery Advertiser