Two already-scheduled murder trials in Fulton County have forced a Barrow County Superior Court judge to delay the trial of the father of the Apalachee High School shooting suspect.
“I really have no choice but to continue the case,” Judge Nicholas Primm said.
No new date was agreed upon on Wednesday.
The trial had originally been slated to start September 8, but defense attorneys for Colin Gray asked the to delay the trial in a motion filed Monday.
Both of Gray’s attorneys have trials scheduled in Fulton County to start around the previously agreed-upon date of September 8. In Georgia, older cases take precedence over newer cases, particularly when trial has been set.
Judge Primm said he tried to reach out to both of those Fulton judges to strike an agreement about the trial scheduling but never heard back.
Attorney Brian Hobbs said he has had also no luck in changing the trial dates. Attorney Jimmy Berry said his client in the other case has been in custody for six years.
In their motion seeking a delay, the defense attorneys also complained about “thousands of pages of discovery” with the most recent batch of evidence delivered on July 7. And they’re expecting more evidence from prosecutors, according to the filing.
In addition, no witness list has been provided yet, which hasn’t allowed defense attorneys to interview them ahead of trial, they said.
Credit: HYOSUB SHIN / AJC
Credit: HYOSUB SHIN / AJC
District Attorney Brad Smith said the bulk of discovery has been given to defense attorneys over the last couple of months, and that only some smaller batches of discovery have been provided since.
Gray’s trial, considered the first of its kind in Georgia, will take place in Barrow County. However, Judge Primm made the decision to bring in jurors from neighboring Hall County for trial.
Primm said Wednesday they have been working with Hall County and were set to send out 600 jury notices this week.
Gray is facing 29 charges, including two counts of second-degree murder, two counts of involuntary manslaughter, five counts of reckless conduct and 20 counts of child cruelty after prosecutors say he knowingly allowed his 14-year-old son, Colt Gray, to possess a gun. If convicted, he faces life in prison.
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.
Colin Gray’s attorneys attempted to have the indictment dismissed but those motions were denied by Primm on Tuesday. Another motions hearing has been set for August.
The teenager is charged in the Sept. 4 shooting at Apalachee High School that left two students —Christian Angulo and Mason Schermerhorn— and two teachers — Cristina Irimie and Richard Aspinwall— dead. Nine others were injured.
Colt Gray was indicted on 55 charges including felony murder, malice murder, aggravated battery, cruelty to children in the first degree and aggravated assault. He pleaded not guilty, waived arraignment and did not appear in court in November.
A plea hearing had been tentatively scheduled for October in Colt Gray’s case to allow his father’s trial to go first.
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