Man accused in businessman’s shooting death had just gotten out of prison

A man accused of killing a prominent businessman in a CVS parking lot had been released from prison four months before the deadly shooting, according to court documents.

Channel 2 Action News reported that DeMarvin Bennett, 24, was on probation when he shot 73-year-old Jack Hough outside of the CVS off Park Hill Drive in Gainesville.

Hough was sitting inside his parked car while his wife went into the CVS when Bennett allegedly tried to rob him around 7:45 p.m. Feb. 7. During a struggle, authorities say Bennett shot Hough in the chest. He was taken to Northeast Georgia Medical Center, where he died.

According to Channel 2, Bennett had just gotten out of prison for charges related to an armed robbery. Bennett served seven years after Forest Park police said the then 16-year-old robbed another teenager at gunpoint.

MORE: 'What is malice murder?' Suspect in businessman's shooting death questions charge

According to court documents, Bennett is a known gang member and “hangs out with members of the Conley Road Crew Gang.”

Clayton County District Attorney Tracy Graham Lawson told Channel 2 that Bennett was not prosecuted under Georgia’s Street Gang Act because there has to be proof that the crime was tied to a gang.

Investigators found forensic evidence outside the CVS that led them to Bennett days after Hough’s shooting death.

He is in the Hall County Jail without bond on malice murder and other charges.

"What is malice murder? Bennett asked a judge during his first court appearance appearance last Monday. “I have no clue of what that is.”